Old Meridian - St. Vincents 0 200300056344
Filed for Record in
4).'(‘ p� HAMILTON COUNTY INDIANA
['1 JENNIFER J HAYDEN
06-12-2003 At 08:26 am.
EASEMENTS 22.00
APPROVED, AS TO
WATER LINE EASEMENT AGREEMENT FOR ISY•
THIS EASEMENT AGREEMENT "AGREEMENT IS MADE THIS day of
January, 2003, by and between ST. VINCENT HOSPITAL AND HEALTH CARE CENTER,
INC., an Indiana nonprofit corporation, and as the fee owner of certain real estate, (hereinafter
referred to as "Grantor and THE CITY OF CARMEL, INDIANA, an Indiana municipal
corporation, its successors and assigns (hereinafter referred to as "Grantee
1. Grant of Easement. For and in consideration of the covenants and agreements
herein and the sum of Ten and 00 /100 DOLLARS ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL
AND CONVEY UNTO Grantee a non exclusive and perpetual easement upon, over, under and
across the following described real estate located in Hamilton County, Indiana (the "Easement
Property to wit:
A part of real estate described in a certain Trustee's Deed recorded December 15,
1981, in Deed Record 329, page 43 as Instrument #29936 in the Office of the
Recorder of Hamilton County, Indiana, which is also part of the Northeast Quarter
of Section 26 and a part of the Northwest Quarter of the Northwest Quarter of
Section 25 (permanent utility easement is a part of Northwest Quarter of the
Northwest Quarter of Section 25 only), Township 18 North Range 3 East,
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the North Half of the Northeast Quarter
of said Section 26, said corner being South 0 degrees 10 minutes 04 seconds West
(this and subsequent bearings and distances are quoted from or based on a certain
Quitclaim Deed recorded June 24, 1999, as Instrument #9909937814 in the office
of the recorder of Hamilton County, Indiana) 1309.78 feet from the Northwest
corner of the Northeast Quarter of said Section 26; thence North 89 degrees 06
minutes 20 seconds East 1023.79 feet along the south line of the North Half of
said Northeast Quarter to the southeastern boundary of US 31; thence North 71
degrees 02 minutes 59 seconds East 1602.59 feet along the southeastern boundary
of said US 31 thence North 76 degrees 22 minutes 54 seconds East 753.26 feet
along said boundary; thence North 64 degrees 35 minutes 43 seconds East 606.88
feet along said boundary to the POINT OF BEGINNING of this description:
thence continuing North 64 degrees 35 minutes 43 seconds East 15.18 feet along
said boundary; thence South 34 degrees 21 minutes 17 seconds East 215.12 feet to
the western boundary of said Meridian Street; thence South 0 degrees 05 minutes
18 seconds West 26.52 feet along said western boundary of said Meridian Street;
thence North 34 degrees 21 minutes 17 seconds West 239.36 feet to the POINT
OF BEGINNING of this description containing .08 acres more or less.
for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering,
replacing and removing water utility lines and equipment, TO HAVE AND TO HOLD unto
Grantee, its successors and assigns, so long as the rights and easements herein granted shall be
used by Grantee upon the terms and conditions specified herein, but subject to all liens,
encumbrances, restrictions and prior easements of record.
2. Physical Impairments. Grantee shall have the right from time to time to remove
all trees, shrubs and undergrowth within the Easement Property which may injure, endanger or
interfere with Grantee's use and enjoyment of this easement, all of which work shall be done at
Grantee's sole cost and expense, except as otherwise set forth herein. The improvements within,
under or immediately surrounding the Easement Property which exist today and are described on
Exhibit "A," attached hereto and made a part hereof, and any replacements thereof, shall not be
disturbed by Grantee, or anyone acting by, through or on behalf of Grantee or any of its agents or
representatives.
3. Covenants to Not Interfere. Grantor, its successors or assigns, shall not erect or
maintain any permanent structures, obstructions, or other improvements under and/or upon the
surface of or over the easement area or perform any act which would materially adversely impair
or interfere with Grantee's use and enjoyment of the easement herein granted without first
obtaining the written consent of Grantee, which consent shall not be unreasonably withheld. Any
work performed, or caused to be performed, by Grantee upon, under and/or over or within the
easement area at any time, and from time to time, shall be done at such a time and in such a
manner as will cause a minimum of interference with the business being conducted by Grantor
(or its successors and assigns) upon the land surrounding and adjoining the easement area, but
nothing herein contained shall prevent or prohibit Grantee from performing any of its work
during normal and customary daylight business hours.
4. Covenant to Return Real Estate to Prior Condition. If the easement area is
disturbed by Grantee at any time, and/or from time to time, by the installation, repair,
maintenance, removal, replacement or other work in connection with utility lines or equipment,
Grantee, at its sole cost and expense, shall repair and restore the easement area and /or nearby
property of the Grantor to substantially the same condition which existed immediately prior to
any such disturbance, except to the extent that Grantee was exercising its right to remove items
not peuuitted by the terms hereof
5. Covenant of Underground Equipment. Grantee hereby covenants that all lines,
pipes, wires, conduits, equipment, appliances and other property of Grantee used in connection
with this Agreement shall at all times be located underground, except that any access door or lid
thereto may be installed even with the finished grade. Grantee shall use commercially reasonable
efforts to locate and mark all other underground utilities on and around the Easement Property
2
before digging. Any above ground equipment shall be placed or installed by Grantee only with
the prior written consent of Grantor (as an amendment hereto) which consent may be withheld or
conditioned in Grantor's sole discretion.
6. Grantor's Reservation of Rights. Grantor reserves the right to grant other
easements upon, over, under or across the Easement Property, but will not allow such other
easements to cause unreasonable interference with the easement granted herein. Grantor reserves
the right to relocate the Grantee's utility lines and equipment, at Grantor's expense and without
the consent of Grantee, subject to Grantee's reasonable rules for such a relocation, and further
reserves the right, as necessary, to unilaterally amend the legal description of the Easement
Property to accurately describe the relocated easement. Grantor expressly reserves unto itself, its
successors and assigns, all right title and interest in and to the Easement Property not specifically
granted to the Grantee herein, its successors and assigns.
7. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless
from and against any loss, injury to person or property, cost (including reasonable attorneys'
fees), expense, claim or liability "Losses arising out of or related to (a) Grantee's exercise of
the rights herein granted and (b) any use or occupancy of the Easement Property by Grantee or
any agent, employee, affiliate, licensee, contractor or other person or entity to whom Grantee may
grant or extend rights regarding this Agreement, except to the extent such Losses are caused by
the negligent acts or omissions of Grantor.
8. Attorneys' Fees. In the event any action or proceeding is brought by either party
hereto against the other under this Agreement, the prevailing party will be entitled to recover
from the other party all costs and expenses, including reasonable attorneys' fees.
9. Easement to Run With the Land. This easement and other rights granted to
Grantee run with the title to the Easement Property and are binding on Grantor and on all
subsequent owners of the Easement Property, as well as on others who may claim an interest in
the Easement Property. Grantor, its successors and assigns hereby agree to warrant and defend
the easement to Grantee (as well as its successors and assigns) against every person who claims
any part of it.
10. Temporary Easement for Installation. Grantee shall have the right of ingress
and egress over, upon and across a portion of Grantor's land which is bounded on the northwest
by the northwest boundary line of the Easement Property, on the northeast by the boundary line
of Grantor's land, on the southeast by the southeast boundary line of the Easement Property, and
on the southwest by a line lying fifteen (15) feet southwest of, and running parallel with, the
southwest boundary line of the Easement Property. While installing its water line and
equipment, Grantee shall not park or place equipment or materials in the path of, or in front of, or
otherwise obstruct, Grantor's signage or any driveway or entrance to Grantor's property
3
11. No Indiana Gross Tax Due. Grantor certifies that there is no Indiana Gross
Income Tax due on proceeds received from the transfer herein, or any interest therein described
in this instrument, at the time of this transfer.
12. Representations of Grantor. The Grantor represents and certifies that it is the
fee simple owner of the Easement Property; that Grantor guarantees the quiet possession of the
Easement Property, for the purposes defined herein, to the Grantee; that the Easement Property is
free of any liens or encumbrances, except the lien of current taxes and any other lien or
encumbrance that, as of the date of execution hereof, appears of public record; and that, subject
to the foregoing, Grantor will warrant and defend Grantee's title to the easement granted hereby
against all claims thereon.
13. Authority. The persons executing this instrument on behalf of Grantor and
Grantee each hereby represent that he has the authority to bind Grantor and Grantee, respectively,
to the terms and conditions set forth herein.
14. Entire Agreement. It is agreed that this Agreement covers all the agreements
between the parties and that no representations or statements, verbal or written, have been made
modifying, adding to or changing the terms of this agreement.
15. Counterparts. This instrument may be executed by Grantor and Grantee in
separate counterparts, each of which shall constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantor and Grantee herein have executed this Water Line
Easement Agreement as of the day first above written.
ST. VINCENT HOSPITAL AND HEALTH
CARE CENTER, INC., an Indiana nonprofit
corporation
By:
Printed Name: Vincent C. Capon].
Title: President
4
State of Indiana
ss:
County of I (xue)--
Subscribed and sworn to before me, the undersigned, a Notary Public, in and for said County,
and State, personally appeared Vincent C. Caponi, the President of Grantor and who having been
duly sworn, acknowledged the execution of the foregoing Water Line Easement Agreement to be
his voluntarily act and deed for and on behalf of Grantor.
r.
Y:.•' Witnes5'{ny hand and Notarial Seal this day of m,GGGr 2003.
1 ,10-1.4 .7') L- A e4y-Iia 71,4,_....
PUBLIC N OTARY PUBLIC t'
SEqL
1, 1, 6 e612/9 i
My Commission Expires: Printed Name
....d ).6? 0 D 8' My County of Residence: db
Date: 1 /JLuat4-t.� 2,l�G2
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
/4„feere...
Jas Brainard, Presiding Officer
Date: lJ �j -J
if 141 I
Mary A urke, Member
Date: `I '�3
4,
Lori Wa .n, ember
Date: 41 //0/°3
AT ST:
I /et 0/4
Sandra M. Jo ,Ira 4
Deputy Clerk for
Diana L. Cordray, C Clerk- Treasurer
5
STATE OF INDIANA
SS:
COUNTY OF r V L�
Before me, a Notary Public in and for said County and State, personally appeared
James Brainard, Mary Ann Burke, and Lori Watson, by me known to be ke M Me
-.7611 Zb ejs o ra
the City of Carmel Board of Public Works and Safety, and Diana L. nrdray, er
Treasure of the City of Carmel, who acknowledged the execution of the foregoing Water
Line Easement Agreement on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this f {it&, day of �AA
A. I
NOTARY PUBLIC
4V4J /3
My Commission Expires: Printed Name
1 1 //9 4 My County of Residence: #/,M,m /A-T A)
Date: 41 /7/63
This instrument prepared by: Douglas J. Kochell, Attorney at Law, Hall Render, Killian, Heath
Lyman, P.S.C., One American Square, Suite 2000, Indianapolis, Indiana 46282.
7716_1 DOC /DJ K
6
Exhibit A
Existing Improvements
Signage, including all electrical service lines, conduits and equipment related to it and the
earthen mounding in the area of the signage.
7