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Carmel Drive - Mellon/Pier Properties Instrument 200100085248 t Prior deed reference: dnfr-L"' U$_ (70 .CC3 rr .thor EASEMENT AGREEMENT lab3rdAIi This Easement Agreement. (the "Agreement is entered into by and between Mellon/Pier 1 Properties Limited Partnership 1, ('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 described in Exhibit A, attached hereto and incorporated herein (the "Real Estate 2. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee a perpetual, non- exclusive easement "Easement that shall run with the land and which shall be limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and /or remove certain streetscape improvements, which include, but are not limited to, sidewalks, brick crosswalks, brick gateway columns, decorative street lights, landscaping, improved storm sewer structures, new curbs and pavement through, upon over along, under and across that portion of the Real Estate described on Exhibit B attached hereto and incorporated herein as Exhibit B "Easement Area together with the right to do all other lawful acts and things not inconsistent herewith and requisite or necessary for the full enjoyment of the. Easement. Grantee covenants and agrees that all such streetscape improvements shall be installed and continuously maintained in a good and workmanlike manner. Grantor shall not place or construct within the Easement Area any fence, asphalt, gravel, plants, concrete or other improvements. Grantor shall mow the grass (if any) located within the Easement Area and shall not place any debris, weeds or refuse in the Easement Area. 3. Grantor expressly reserves all right, title and interest in and to the Easement Area not specifically granted to Grantee, as well as the right to use or perrnit the use of the Easement by others for any lawful purpose not inconsistent with the rights granted to Grantee herein. Grantee hereby agrees not to remove any of the parking areas or the curbing in the parking areas currently located on Grantor's real property, all as more particularly shown on Exhibit A. 4. Grantee shall indemnify and hold the Grantor harmless from and against any and all damages, injuries, losses, claims, demands or costs (including, without limitation, any damage to property or any injury to or death of any person) resulting from the intentional,' negligent or reckless act or omission of the Grantee in the construction, erection, installation, maintenance, operation, replacement, repair, renewal or removal of the streetscape improvements located in the Easement Area. Provided, however, Grantee's obli set forth in this Section 5 shall be limited to the exposure of and liability of Grantee as a governmental entity, including without limitation, actions and conditions as to which Grantee is immunized by the Indiana Tort Claims Act and the exemption from punitive damages, such that Grantee's liability shall not exceed what 200100085248 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 12 -21 -2001 02:47 pm. EASEMENTS 20.00 might have been its liability to any claimant after all appropriate defenses had been raised by Grantee. 5. The Easement is made subject to all prior easements, agreements, restrictions and rights -of -way of record. 6. It is understood that all the provisions of this Agreement are stated herein and that no verbal agreements or promises will be binding on the parties hereto or their successors in interest. 7. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana. 8. 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. The easements, rights and grants granted, created and made herein, together with the benefits thereof, shall run with and bind the Real Estate and the Easement Area and inure to the benefit of Grantee and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Real Estate and the Easement Area, as applicable, shall run with the Real Estate and the Easement Area and shall inure to the benefit of and be upon Grantor and Grantee, as applicable, and their respective grantees, successors :end assi. ns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that .a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and reasonable attorneys' fees). IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this Of/Clay of C /[_QC/ 2001. "GRANTOR" MELLON/PIER 1 PROPERTIES LIMITED PARTNERSHIP 1 By: Pier 1 Imports (U.S.), Inc., a Delaware Corporation, its general artner By: Vkil W,"_' Printed: J. Rodney Lawrence Title: Senior Vice President 2 STATE OF TEXAS SS: COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, personally appeared J. Rodney Lawrence the Senior VP of Pier 1 Imports (U.S.), Inc., the general partner of Mellon/Pier 1 Properties Limited Partnership 1 "Grantor who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" as his9 voluntary act and deed. Witness my hand and Notarial Seal this 15 thday of June 2001. toY JOAN OTT Notary Public IC STATE OF TEXAS E: 12/09/04 PUBLIC My Commission Expires: Printed Name 01 My County of Residence: Tarrant 3 ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set forth; and WHEREAS, the City of Camnel, Indiana, is of the opinion that this Agreement is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the County of Hamilton, State of Indiana. "GRANTEE" CITY OF CARMEL, INDIANA By and t its Board of Public Works and Safety BY: .res Brainard, Presidirm Offic 5- O Mary Al Burke, Member Date: 7'd� 401 Billy 'all{ -r, Nember Date: l I I 4 r l"i si #jj J v, Via*... ..`m ,,Clerk- Treasurer This instrument prepared by Robert A. Hicks, Attorney at Law, One American Square, Indianapolis, Indiana 46282. 03624rah 06/06/01 4 L..1 I 'LK)" L'_'..JUI.1 C Al l...1.t1J 1, t E XHIBIT l 1. Job-52C EXHIBIT "B" t. r.. THE Ind .3020 t4art h Po..t Ra r.4 tanapail4. 1tid1A..na ens:r.a.4ric.;,.- 94.1rva-A.I.4; cit.,4 c o r1 6...„ 3CHNEIDER 40226-,5614 ay/ -WO -021.1 LA: Ach(..4cIA.“ G13 LI/ 317 -M-0010 FAX Gt aloe c5 CORPORATION 3t7 -806 -21CQ RESMF:611.A.1... stIFfiCYLN 0 FAX i i p 1 ov_......,....„- 1 FLAN SCALE. l'- 30' 1 i 85 ,,:.%.41 .c,-. CARMEL .c.....4.-„,.. 7 4.3 4.--.73.4.1.-------sj- 1 PAROU. 32 ROW P a b N. o N Z i r" d eArArAVA. I I li SS9 123.f I I PROPOSED fi.o,w. u 0 0 r N! al S44 'I 1 16.16 t fi._. I.'"I PROPOSED PERMANENT R.O.W. :i \I cl r7:, (CROSS HATCHED) 1 PER 1 IMPORTS. 1 PARCEL 32 RECORD OWNER. NaLo PROPERIIEs ligi PARTMSHIP I CORPORATE WARRANTY QEED INS111. i 8EO6763 FtJR1•Vl LIN (OtAI. 1122 r SURVY LINE h1 1 it18955`00"E 1750.84' gty 0 L0400.00' 1:S 1 i (7.,..., .e 600,00' cp, 1 1...i y _IN ...,V t -1 y L 45.92 t..•.,40.(...V SUMVEY 1.1NE MONLI. 1321 R=11 c su,,y UNC SURVEY UNE 140N1). 24428 S W x CORNER t40TE SE0.31-718N-R4E S. E ROW SURVEY CONTROL WES EX' I FOR CENTERLINE AND SURvEY UNE COORDINATES. PARCEL 32 Re'sa 06/15/00 J: \.2k 2603 \001 \cl EXHIBIT "B" TSC #2603.001 Sheet 1 of 2 r WI•.. I`` LI` !J1 :i:. 'JLLI:, I i' uc /11 JOD n r �r�^t -_3 0: North Plat. C:]:G EnEReaYtRa f LH tr.dl ;ncppo!:a, Inctien. Su.- vnyrnp YYTT r��ITT;��LL 4 -8 1 2s2 1 �iCt7L' 111PJ1G 3t? -099 0232 G!3 119 J CORPORATION T 1 3'7- 983 ^9m.1C reX OeoioaY �.3 CORPORATIO �r 1:'r- ©435 2912 4?:Slt'F tI'...:d 4URVl.YIN C. fkX Ault,«. 32 EXHIBIT "B" Coat Cannel Drive Project Parcel 32 04ner: Malian /Pter 1 Properties t.imit2d Partnership 1 corporate Warranty 0+ed instrurnen: Number aa06703 i Permanent Riant of Way Lor:a Description Pert at the South Half of Section 31 iownyhip 18 North, Range 4 East of the Second Principal Metidien in Hamilton County, lndiona being all tnet port of tha owner's lend identified os Parcel -32 lying within the crew identified and Shown as ,."Proposed Permanent Right of Way" on the attached Route Survey Plot and being further described as follows: Commencing of the southwest earner of the Southwest Quarter of sole Section 31; thence 'Peering North 01 degrade 04 minutes 45 seconds 'West (basis of booringe is from Instrurncnt Number 8006763, Office of the Harnrlton County Recorder) along the west line thermal o distance of 1752.85 feet to the centerline of Carmel Drive; thanes North 89 degrees 55 minutes 00 le conas Eost along sold centerline a distance of .500.00 feet to the point of eurvolure of a curve having e rocius of 1148.92 feat, the radius point of which beers North 00 degrees 05 minutes 00 seconds West thence easterly oiang acid curve and along said centerline an arc distance of 400.00 feat to o 1i nn,rr tir.;^rtnr South 20 degrees 05 minutes 00 seconds East from sold redlus point; thence North 69 degrees 35 minutes 00 seconds `alt along sail centerline a distdr,c.'r of 230.51 feet to the to the point of curvature of n curve honing a radium. of 1145.92 feet. tite radius point of whlch boors South 20 degrees 05 minutes 00 seconds Eost; thence easterly along said curve an era dictanee of 400,00 feet to is point bearing North 00 degrees 05 minutes 00 sesands West from sold radius point; thence North 8g degrade 55 minutes 00 seconds East along said centerline o distance of 17130.85 feet; thence South 00 degrees 05 minutes 00 seconds East Gong the centerline of Keystone Wcy o distends of 40.00 feet to the south right of way line of Carmel Drive; thence North 89 degrees 55 minutes 00 seconcs East along said south line 0 distonce of 25.00 feet to the east right of way line of Keystone Way and the Point of Beginning thonau North 80 dsgr•ea 55 minutes 00 seconds East along sofa south line o distance of 125.74 feet to the west right of way line of Keystone Avenue; thence South 36 degrees 38 minutes 30 seconds East along said west line a distorter! of 7.89 feet; thence South 89 4egrea3 55 minutes 00 seannae west peroilat with the south-right of way Zinc of Carmel Drive o distance of 123.58 feet; t'n.cnce South 44 degrees 39 minutes 32 seconds West a distonce of 15,16 tact to the cost right of way line of Keystone Way, thence North 00 degrees 1 0 minutes 25 seconds West along sold east tine 0 distance of 17.27 feet to the Point of Beginning. Containing 916 square feet. Revised 0S/15/001 1 #2503.001 j; \2k \2603 \001 \dwgs \percei Sneat 2 of 2