HomeMy WebLinkAboutSIDEWALK EASEMENT SIDEWALK EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH that S-L Snacks IN,LLC,successor-in-interest to Jay's
Acquisition Inc.,hereinafter referred to as"GRANTOR",do hereby grant,transfer,convey and warrant to The City of
Jeffersonville,Indiana, hereinafter referred to as"GRANTEE",a permanent and perpetual easement(the"Easement")with
the rights,privilege and authority to enter upon,dig,construct,install,erect,reconstruct,renew and lay,and thereafter to use,
operate,maintain,inspect,repair,remove,patrol,replace and continue sidewalks across and through a portion of the land of
the GRANTOR situated in Clark County,State of Indiana,Cityof Jeffersonville,Lot 15 as shown in Plat Book 3,Page 45 in
Survey 8 of the Illinois Grant to Clark County,Indiana("Grantor's Property"),together with the right of ingress and egress
over the adjacent lands of the GRANTOR,and the GRANTOR successors and assigns,for the purposes of this Easement.
The Easement shall be over and along a portion of Grantor's Property,as more fully described in Exhibit"A"and depicted
on Exhibit"B",copies of which are attached hereto and made a part hereof(the"Easement Area").
The GRANTEE,and its successors and assigns,shall have the right to enter along,over and upon the Easement
Area to install,construct,repair,relocate,service and maintain all such sidewalks,at will,and to make such alterations and
improvements on the facilities thereof as maybe necessary or useful. The GRANTEE,and their successors and assigns,shall
have the right to remove from the Easement Area any trees,buildings or other obstructions to the free and unobstructed
Easement Area,and to build and maintain all necessarydevices incident to such sidewalks,and shall have the right of ingress
and egress only over adjoining premises and lands when reasonably necessary and without doing damage to such adjoining
lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said Easement Area. Upon
GRANTEE's request and GRANTOR'S prior written approval,GRANTEE shall also have the right to cut down,trim or
remove trees situated on lands of GRANTOR which adjoin the Easement Area when those trees may endanger the safetyof,
or interfere with the construction,operation or maintenance of GRANTEE's facilities or ingress or egress to,from or along
the Easement Area.Such maintenance or removal shall be at GRANTEE's sole cost and expense.
GRANTEE shall:(a)at GRANTEE's sole cost and expense,repair anyportion of GRANTOR's Propertydisturbed
in the exercise of GRANTEE's rights to a condition substantially similar to the condition as existed prior to the exercise of
any of said rights,and(b)be responsible for all costs arising from the implementation of this Easement and the maintenance
of GRANTEE's facilities located in the Easement Area.
GRANTEE shall:(a)exercise its rights hereunder in compliance with all applicable local,state and federal laws,and
(b)except as expressly contemplated herein and,subject to the limitations placed on GRANTOR's use of the Easement Area
pursuant to this Easement, refrain from unreasonably: (i) disturbing the improvements or structures on GRANTOR's
Property outside of the Easement Area,and(ii)interfering with the safe,comfortable and convenient use and enjoyment of
GRANTOR's Property outside of the Easement Area.
If any lien is recorded against GRANTOR's Property as a result of services performed or materials furnished for
this Easement,then GRANTEE shall cause such lien to be discharged within fifteen(15)days after the recording of such
lien.
GRANTEE agrees to indemnify,hold harmless and defend GRANTOR and its affiliates,and each of their parents,
officers, directors, employees, agents, contractors, successors and assigns from and against any loss, claim or expense,
includingwithout limitation,claims for injury or death to person or damage to property or environmental damages occurring
as a result of any act or omission of GRANTEE,or its agents,contractors or employees in violation of a legal dutyarising out
of this Easement. This indemnification shall not apply to damages caused by the negligence or willful misconduct of
GRANTOR,or its successors or assigns.
GRANTEE or its agents or contractors shall provide to GRANTOR evidence of insurance coverage,including but
not limited to workers compensations and general liability coverage,in a commercially reasonable form and amount,for all
parties entering upon the Easement Area for the purpose of exercising any and all rights granted under this Easement.
GRANTEE's failure to provide evidence of insurance upon GRANTOR's request does not relieve them of the obligation to
maintain such insurance.
GRANTEE covenants to maintain the Easement Area in good repair so that no unreasonable damage will result
from its use to the adjacent land of the GRANTOR,and the GRANTOR successors and assigns. The temporary easement,
if referred to herein, shall revert to the GRANTOR at the completion of the construction of the facilities within the
Easement Area.
In consideration for the right and Easement herein granted,GRANTEE,by its acceptance hereof,agrees to paythe
sum of one dollar($1.00). The grant and other provisions of this Easement shall constitute a covenant running with the land
for the benefit of the GRANTEE,it's successors and assigns.
,},
(
IN WITNESS WHEREOF,the GRANTOR have executed this instrument this / dayof�)/)Iia)
2018.
Signature:
Name
Before me,the undersigned, a Notary Public in and for said County and State,personally appeared the above-
named GRANTOR(S)and acknowledge the execution of the foregoing Sidewalk Easement for the uses and purposes therein
contained.
WITNESS my hand and Notarial Seal this/ao 7dayof JGj%JUQry,2019.
i/ ,4_r. , .dam,
Notary Public
THIS INSTRUMENT PREPARED BY:
Les Merkley,City Attorney My Commission Expires:
City of Jeffersonville County of Residence: /Qrh
500 Quartermaster Court
Jeffersonville,Indiana 47130