Old Meridian - Providence Housing Partners •s
0 13 Cross Reference: 200019555
Cross Reference: 200019556
GRANT OF EASEMENT
THIS GRANT OF EASEMENT "Easement made this 28"' day of June, 2000, in
consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, whereby PROVIDENCE HOUSING PARTNERS,
LLC, an Indiana limited liability company (herein called "Grantor does hereby grant unto the
CITY OF CARMEL, INDIANA (herein called "Grantee its successors and assigns, a perpetual,
non exclusive easement extending twenty (20) feet from each side of the centerline of potable water
lines and sanitary sewer lines installed or constructed after the date of this Easement (collectively,
the "Lines upon, under, over and through certain real estate which Grantor owns situated in the
County of Hamilton, State of Indiana, said real estate being more particularly described and depicted
on Exhibit A attached hereto and incorporated herein by reference (herein called the "Easement Real
Estate The easement granted herein is granted in order to install, construct, maintain, operate,
alter, repair, remove, change the size of and replace the Lines, and appurtenances thereto. The
Easement granted herein shall not include any domestic or fire service lines, except to the extent the
same are needed within the easement in order to connect to the distribution water mains and/or the
sewer collection mains, nor shall the Easement include any portion of the Easement Real Estate on
which a structure is located on or after the date of this Easement, provided, however, that Grantor
shall not, on or after the date of this Easement, construct or install any structures within twenty (20)
feet of any Lines which are installed on the Easement Real Estate, except that Grantor may install
or construct roads, parking surfaces, curbs, or other paved surfaces on any portion of the Easement
Real Estate, including within twenty (20) feet of existing Lines.
Grantor hereby warrants and agrees to defend the title to the Easement Real Estate, having
acquired the Easement Real Estate by deeds recorded in the office of the Recorder of Hamilton
County, Indiana, as instrument numbers 200019555 and 200019556.
Grantee, by the acceptance of this Easement, agrees to assume liability for any damage to
property on the Easement Real Estate created as a result of Grantee's installing, constructing,
operating, removing, repairing or replacing the Lines and services and appurtenances thereto, and
Grantee agrees to restore said Easement Real Estate to substantially the same condition as it was
prior to any such installation, construction, operation, removal, repair, replacement or other conduct
which created said damage.
Grantor shall be entitled to the continued use and enjoyment of the Easement Real Estate
during the term of this Easement, except for the purposes granted to Grantee, and provided Grantor
shall not unreasonably interfere with the exercise by Grantee of the rights granted herein.
Grantor agrees that the Lines and other accessories, fixtures and materials in connection
therewith shall at all times remain the property of Grantee, with the right of ingress and egress
thereto, and subject to the rules and regulations of Grantee.
2000000 35361
Filed or Record i n
HAMILTON COUNTY, INDIANA
MARY L CLARK
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EASEME 17° iy�?
t Prior to installation of any Lines by Grantee in, on or under the Easement Real Estate,
Grantee shall provide plans and specifications for such Lines to Grantor for Grantor's approval,
which shall not be unreasonably withheld or delayed. If Grantor is to install any of such Lines,
Grantor shall submit such plans and specifications to Grantee for Grantee's approval prior to such
installation, which approval shall not be unreasonably withheld or delayed. Upon approval of such
plans and specifications by the applicable party, the party constructing or installing such Lines shall
install such Lines in the location and depth as shown on the approved plans and specifications.
Grantee may, from time to time, relocate any Line, at its sole expense, provided that service
provided by Grantee to Grantor is not materially interrupted and all limitations and conditions of this
Easement are complied with by Grantor. Grantor may, from time to time, relocate any Line, at its
sole expense, provided Grantee's engineering department approves the plans and specifications for
such relocation, which approval shall not be unreasonably withheld or delayed.
The undersigned person executing this Easement on behalf of Grantor represents and
certifies that he has been fully empowered to execute and deliver this Easement; that Grantor has full
capacity to convey this Easement in the Easement Real Estate; and that all necessary action for the
making of such conveyance has been taken and done.
This Easement, and each and all of its terms, conditions and provisions shall be binding upon
and benefit the heirs, personal representatives, successors and assigns of Grantee and Grantor.
IN WITNESS WHEREOF, the said Grantor has set its hand this 28 day of June, 2000.
PROVIDENCE HOUSING PARTNERS, LLC
By: f
Bradley B. Chambers, its sole member
APPROVED AND ACCEPTED by Grantee this day of /c /V 2000.
F r
CITY OF CARMEL, INDIANA
',-';'(Ole r by and thry gh its Board of Public Works and Safety
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1_
4
'STATE OF INDIANA
SS:
COUNTY OF H A /Y) I LT O N
Before me, a Notary Public, in and for said County and State, personally appeared Bradley
B. Chambers, sole member of Providence Housing Partners, LLC, and acknowledged the execution
of the foregoing easement, in such capacity acting for and on behalf of said limited liability
company.
Witness my hand and Notarial Seal this, day of June, 2000.
Signature
-13 S.
o y Printed r Notary Public
z ik tx on1 9ss a Expires: 9/7 D 0 4 County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said County and State, personally appeared
v11w bu^Sb'i lt 7nlu¢
M�ii�Sr klrnR fR i,�ard� (irvi ►nn-ni firm l�� uric•, `fhe taUtl G PttI�Iictoo of the City of Carmel,
and acknowledged the execution of the foregoing easement, in such capacity acting for and on behalf
of said city.
Witness my hand and Notarial Seal this day of CALCL� 2000.
CZ
Sig /cure
sue,
Printed Notary Public
My Commissigi Expires: 60 03- 0 7 County of Residence: L /fl
This instrument was prepared by Jodie L. Edminster, Ice Miller Donadio Ryan, One American
Square, Box 82001, Indianapolis, Indiana 46282; telephone: (317) 236 -2100. 627581.4
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EXHIBIT A
Parcel I:
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal
Meridian in Hamilton County, Indiana more particularly described as follows:
Beginning at the Southeast corner of said Section 26 and running S 89°27'12" W on and along the South
line of said Southeast Quarter 1566.62 feet; thence N 36 °04'38" E 288.52 feet; thence N 53 °55'22" E
280.00 feet to a point on the center line of Old Meridian Street; thence N 36 °04'38" E on and along said
center line 60.00 feet; thence S 53 °55'22" E 280.00 feet; thence N 36 °04'38" E 332.31 feet; thence N
53 °55'22" W 280.00 feet to a point on the center line of Old Meridian Street; thence N 36 °04'38" E on
and along said center line 128.42 feet to a point on the East line of the West Half of the Southeast
Quarter of said Section 26; thence S00 °40'34 "W on and along said East line 89.70 feet to a point on
the Southeast right -of -way of Old Meridian Street, said point also being on the Northwest line of Lot
13 in R.A. Franke's Addition as per plat thereof recorded among the records of Hamilton County,
Indiana as Deed Record 128, Page 197; thence N36 °15'16 "E on and along said Southeast right -of-
way of Old Meridian Street and said Northwest line of Lot 13 a distance of 47.70 feet; thence S
53 °55'22" E 291.91 feet; thence N 36 °04'42" E 55.98 feet; thence S 53 °55'26" E 240.15 feet; thence N
36 °04'38" E 52.02 feet; thence S 53 °55'22" E 171.01 feet; thence N 36 °04'42" E 17.99 feet; thence S
53 °55'26" E 212.53 feet; thence S 36 °04'38" W 63.50 feet; thence S 53 °55'22" E 61.00 feet; thence N
36 °04'38" E 230.93 feet; thence N 89 °28'27" E 173.04 feet; thence S 00 °3133" E 39.81 feet; thence N
89 °28'27" E 158.86 feet to a point in the East line of said Southeast quarter of Section 26; thence S
00°4T16" W on and along said East line 378.09 feet to the point of beginning, containing 15.649 acres,
more or less.
Parcel II:
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal
Meridian in Hamilton County, Indiana more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 23 and running N00 °47' 16 "E
on and along in the East line of said Southeast Quarter 378.09 feet to the POINT OF BEGINNING of
this description; thence departing said East line and running S89 °28'27 "W 158.86 feet; thence
N00 °31'33 "W 39.81 feet; thence S89 °28'27 "W 173.04 feet; thence 536 °04'38 "W 230.93 feet; thence
N53 °55'22 "W 61.00 feet; thence N36 °04'38 "E 63.50 feet; thence N53 °55'26 "W 212.53 feet; thence
S36 °04'42 "W 17.99 feet; thence N53 °55'22 "W 171.01 feet; thence S36 °04'38 "W 52.02 feet; thence
N53 °55'26 "W 240.15 feet; thence S36 °04'42 "W 55.98 feet; thence N53 °55'22 "W 56.50 feet; thence
N36 °04'38 "E 288.72 feet to the North line of Lot 13 in R.A. Franke's Addition as per plat thereof
recorded among the records of Hamilton County, Indiana as Deed Record 128, Page 197; thence
N89 °43'22 "E along the North line of said Lot 13 a distance of 278.12 feet to the Northeast corner
thereof; thence S00 °22'20 "W along the East line of said Lot 13 a distance of 196.47 feet to the North
line of the South Half of the Southeast Quarter of the Southeast Quarter of said Section 26; thence
N89 °28'27 "E along the North line of the South Half of said Quarter- Quarter Section a distance of 661.11
feet to the Northeast Quarter thereof; thence S00 °47'16 "W along the East line of the South Half of said
Quarter Quarter Section 280.40 feet to the POINT OF BEGINNING, containing 7.062 acres, more or
less, subject to easements, rights -of -way, and restrictions.
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September 6, 2000
Jodie L. Edminster
ICE MILLER DONADIO RYAN
One American Square
Box 82001
Indianapolis, Indiana 46282
RE: Grant of Easement Providence Housing Partners, LLC
Grant of Easement Providence Commercial Partners, LLC
Dear Ms. Edminster:
The above referenced Grants of Easement, approved by the Board of Public Works on July 5,
2000, were submitted to the Hamilton County Recorder's Office on July 20, 2000. Our office
recently received the recorded documents from the Recorder's Office and enclose herewith a
copy of each for your records.
The City of Carmel Clerk- Treasurer's Office will maintain the original documents in our office.
If you have any questions or concerns, please do not hesitate to contact me at 317.571.2413.
Sincerely,
C py
Carrie A. Groce
Deputy Clerk- Treasurer
Enclosure
cc: File
D: \Files \Recorder \Providence Commercial Partners.doc