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Meadowlark Park
Recreational Trail Easement
Dauby Property
CROSS REFERENCE
X This Easement encumbers the real estate legally described on Exhibit "A" located within lots
numbers 3, 4 and 5 as platted in the Meadowlark Office Park, P. C. 2, Slide 572 located on or about 703
Pro Med Lane in the City of Carmel, Township of Clay and County of Hamilton in the State of Indiana.
Prior Deed Reference: recorded October 6, 1995 as Instrument No. 95 -95187 in the Hamilton
County, Indiana Recorder's Office.
ACCESS AND TRAIL EASEMENT
THIS INDENTURE WITNESSES that for and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration, receipt of which is hereby acknowledged, Dauby O'Connor LLC,
a limited liability company, (referred to herein as "Grantor for itself and its grantees, successors, and
assigns, hereby grants, bargains, sell, conveys and warrants unto the Carmel /Clay Park and Recreation
Board, a political subdivision, created by that certain agreement entitled "Park Joinder Agreement under
Interlocal Cooperation Act Between the City of Carmel, Indiana, and the Trustee of Clay Township,
Hamilton County, Indiana, dated July 24, 1991 and continuing pursuant to that certain Interlocal
Cooperation Agreement between the City of Carmel and Clay Township of Hamilton County, Indiana
dated signed by the last of the parties on July 30, 2002 (referred to herein as "Grantee its grantees,
successors, and assigns, a perpetual easement with the right, privilege, and authority in Grantee, its
grantees, successors, and assigns, to erect, construct, install reconstruct, relocate, renew, operate,
maintain, patrol, replace and repair an recreational trail in, upon, over, and across the real estate located in
Hamilton County, Indiana, that is described in attached Exhibit "A" and depicted in attached Exhibit `B
which real estate is hereinafter signified by the term "the Easement Area." The foregoing Exhibits are
incorporated in, and made parts of this instrument by this reference, and the preceding reference, hereto,
and are hereinafter referred to as the "Exhibits
If the trail has been installed, in good faith, in a location other than the location that is described
and depicted in the Exhibits, then, and in that event, the Easement Area that is defined in this instrument
shall be conclusively deemed to affect only the strip of land that is centered on the trail as initially installed
and that has a width corresponding to the width of the strip of land that is described and depicted in the
Exhibits. In such an event, the Grantor and the Grantee shall join in the execution and acceptance of an
appropriate substitute easement instrument if either the Grantor or the Grantee shall deliver to the other a
written request for such a substitute easement instrument.
Said easement also includes the rights and privilege (1) of ingress and egress for the employees,
agents, invitees, licensees and representatives of Grantee, its grantees, successors and assigns, to, from, and
over the Easement Area, (2) to use, temporarily, additional space where available and necessary from time
to time adjacent to the Easement Area for equipment and materials necessary for the installation, repair and
maintenance of Grantee's facilities located in, under, upon, over and across the Easement Area, (3) to do all
acts and things requisite and necessary for the full enjoyment of the easement hereby granted and (4) to
perform all work required by Grantee to be performed hereunder.
Grantee covenants that in the installation, maintenance, or operation of a recreational trail in,
upon, over and across the Easement Area, it will cause to be restored the portion of the Easement Area and
adjoining real estate owned by Grantor disturbed by the work, to a condition that is as near the condition
that existed at the time the portion was disturbed by it as is practicable, but it shall have no duty to restore
an area of the Easement Area or of the adjoining real estate owned by Grantor disturbed by Grantor or
others not under Grantee's control and Grantee shall not be liable for any damages caused to such property
as a result of such.
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Meadowlark Park
Recreational Trail Easement
Dauby Property
Page 2
Grantor reserves the right to use the Easement Area for any purpose which is not inconsistent with
or will not interfere with the rights and privileges granted to Grantee by this easement. Grantor herein
covenants for itself and for its grantees, successors and assigns, that the grade of the Easement Area will
not be changed nor will any building or other structure of obstruction be erected or constructed on or over
the Easement Area. The immediately preceding sentence prohibits (among the other prohibitions effected
by it) the erecting or maintaining of any earthen mound or series or system of earthen mounds on the
Easement Area.
By and through the person signing on its behalf, Grantor represents and certifies that it is the
owner of the Easement Area, that it guarantees the quiet possession of the Easement Area to the Grantee;
that the Easement Area is free of any lien or encumbrance, except the lien of current taxes and other liens
or encumbrances that appear of public record and that, subject to the foregoing, Grantor will warrant and
defend the Grantee's title to the easement granted hereby against all lawful claims.
Grantee shall indemnify and hold Grantor harmless from any and all liabilities, losses, costs,
damages and expenses, including, but not limited to, reasonable attorney fees, the Landlord incurs or is
subject to on account of or as a result of any bodily injury to, or the death of, any person, or the loss or
destruction of, or damage to, any property, which injury, death or damage arises out of Grantee's
possession or use of or actions on, the Easement Area unless such injury, death or damage is the result of
Grantor's negligent conduct or intentional action.
IN WITNESS WHEREOF, Grantor have caused this Recreational Trail Easement to be executed
this Z774. day of _D 2002.
S p-; v
(printed name)
STATE OF INDIANA
SS:
COUNTY OF
Before me the undersigned, a Notary Public in and for the State of Indiana, personally appeared
gCt■-1 l J who acknowledged their execution of the
foregoing instrument to be their voluntary act and deed.
Witness my hand and Notarial Seal thi day of ji �i: 0— a 1:72•■• lk 11.
ii Printed t osk. 'hl
11\A I am a resident of NNW County, Indiana and my commission expires: 1 I c7 /V9
This Instrument prepared by Debra Grisham, Attorney at Law, 9465 Counselors Row, Indianapolis, IN
46040.
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Meadowlark Park
Recreational Trail Easement
Dauby Property
Page 3
EXHIBIT "A"
EASEMENT AREA
(Legal,Description)
GRAVEL PATH ENCROACHMENT EASEMENT
A strip of ground for easement purposes being 25 feet in width and lying in part of the Northwest and
Northeast Quarters of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian in
Clay Township, Hamilton County, Indiana being more particularly described as follows:
Commencing at the northeast corner of the Northwest Quarter of Section 25, Township 18 North, Range 3
East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 01
degree 02 minutes 08 seconds West (assumed bearing) 777.75 feet on the east line of said Northwest
Quarter Section to the northeast comer of Lot #5 in Meadowlark Office Park; a subdivision.in Hamilton
County, Indiana being recorded in Plat Cabinet 2, Slide 572 in the Office of the Hamilton County Recorder,
said corner is also the POINT OF BEGINNING of the herein described strip of ground; thence South 89
degrees 48.minutes 41 seconds West 25.12 feet on the north line of said Lot #5; thence South 01 degree 35
minutes 31 seconds West 18.28 feet; thence South 11 degrees 52 minutes 43 seconds West 100.04 feet;
thence South 38 degrees 08 minutes 41 seconds East 57.58 feet; thence South 07 degrees 19 minutes 22
seconds West 123.51 feet; thence South 54 degrees 49 minutes 43 seconds West 147.32 feet; thence South
19 degrees 48 minutes 28 seconds West 97.03 feet to the south line of Lot #3 in said subdivision; thence
North 69 degrees 39 minutes 53 seconds East 32.70 feet on the south line of Lot #3 to the southeast comer
thereof, (the next five calls are on the easterly lines of said Meadowlark Office Park); 1.) North 19 degrees
48 minutes 28 seconds East 68.06 feet; 2.) North 54 degrees 49 minutes 43 seconds East 150.43 feet; 3.)
North 07 degrees 19 minutes 22 seconds East 144.99 feet; 4.) North 38 degrees 08 minutes 41 seconds
West 56.39 feet; 5.) North 11 degrees 52 minutes 43 seconds East 92.32 feet to the east line of the
Northwest Quarter of said Section 25; thence North 01 degree 02 minutes 08 seconds East 19.65 feet on
and along said east line to the POINT OF BEGINNING of the herein described strip of ground, said strip
contains 0.309 acres more or less.
Subject to all record and non record rights -of -way, easements, covenants and restrictions.
Meadowlark Park
Recreational Trail Easement
Dauby Property Sec. 18 R 3 1E4
Page 4 o I
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Carmel Clay Parks
Recreation Department
M emo
To: Diana Cordray
From: Jean Belcher
CC: File
Date: 12/31/02
Re: Dauby Easement for Meadowlark Park
Diana:
Deb Grisham asked that I provide you with an original copy of this easement. If you have any
questions, I would be glad to try to answer them or feel free to contact Deb.
Happy New Year!
Jean
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