AAA - Kaiser, Harold/Craig GRANT OF EASEMENTS
This Grant of Easements (collectively, the "Agreement is entered into by and between Harold L.
Kaiser and Craig A. Kaiser (the "Grantor and the City of Carmel, Indiana, by and through its Board of
Public Works and Safety "Grantee for public right -of -way and related purposes, as follows:
1. Grantor is the fee simple owner of the real property commonly known as 205 E. Carmel Drive and
more particularly described in Exhibits A and B, attached hereto and incorporated herein (the
"Premises
2. Grantee intends to undertake and construct the following improvements (the "Improvements on
the Premises:
Streetscape improvements, which include but are not limited to, sidewalks, brick
crosswalks, brick gateway columns, decorative street lights, upgraded or improved
signalized intersections with mast arms (at AAA Way and Rangeline Road),
landscaping, improved storm sewer structures and pavement resurfacing
as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project
3. Grantee shall construct and install the Improvements in a good and workmanlike manner.
4. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor grants to Grantee a perpetual landscape and drainage
easement (the "Easement across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit A attached hereto and incorporated herein (the
"Easement Property in order to plant, construct, reconstruct, repair, operate, maintain, replace,
relocate and /or use landscaping and drainage appurtenances for and as part of the Project.
5. The Easement is granted subject to all easements, agreements, restrictions and rights -of -way of
record and is not subject to the Indiana Corporate Gross Income Tax.
6. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor also grants to Grantee a temporary construction easement
(the "Construction Easement across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit B attached hereto and incorporated herein (the
"Construction Easement Property in order for Grantee to construct and install the Improvements
on the Premises and to complete the Project.
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7. Grantee shall use commercially reasonable efforts to not damage the Construction Easement
Property, except for normal and reasonable construction disturbance associated with the removal,
re- grading and installation of the Improvements. Grantee shall, in accordance with and subject to
the Project's construction plans and schedule, return the Construction Easement Property to
substantially the same condition that existed prior to the grant of the Construction Easement.
8. Grantee shall indemnify and hold Grantor harmless from and against any cost, damage, expense,
claim, suit or other liability, including, but not limited to, reasonable attorney fees, due to bodily
injury or property damage resulting from the acts of Grantee, its employees, agents or contractors,
while on the Construction Easement Property.
9. The Construction Easement shall terminate upon completion of the Project.
10. This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon
Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns and
legal representatives in all respects as to all covenants, agreements and obligations contained herein.
IN WITNESS WHEREOF, the parties have executed and deliver this instrument and same shall become
effective on the day and year last written below.
GRANTOR
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Authorized Signature
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared ic//920t. k
'91SE1e /9n1) eE.4 /6 "Grantor who acknowledged the execution
of the foregoing "Grant Of Easements" as his/her /their voluntary act and deed.
Witness my hand and Notarial Seal this /o day of ocJz -h7. 2000.
NOTAR :LTC
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My Commission Expires: Printed Name
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Approved and Adopted this 6 day of 2000.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Ja es Brainard, Presid•ng O i r
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Mary nn Burke, Me ber
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Billy Walker, Member
Date:
ATTEST:
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Diana C I "CA, Clerk Treasu er
Date: /9)//4/66
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary
Ann Burke and Billy Walker, by me known to be the Members of the City of Carmel Board of Public Works and
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Safety, and Tana. L. Cordra3 Clerk Treasurer of the City of Carmel, who acknowledged the execution of the
foregoing "Grant Of Easements" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 6 day of 4e-ti 2000.
NOT ARY PUBLIC
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My Coinmission Expires: Printed Name
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Prepared by Douglas C. Haney, City Attorney, One Civic Square, Carmel, Indiana 46032.
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