Duke Energy Easement_Recorded 06-25-212021046828 EASE $25.00
06/25/2021 11:46:00AM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN AMM
Prepared by: Duke Energy Indiana, LLC Parcel # 29-10-31-112-007.000-018
Return to: Duke Energy Indiana, LLC
Attn: Jamie Stevens
1000 E Main St. Mail Code: WP989
Plainfield, IN 46168
EASEMENT
State of Indiana
County of Hamilton
THIS EASEMENT ("Easement") is made this Z! day of Jam` 207-1 , from
MAGNOLIA CONDOS LLC, an Indiana limited liability company ("Grantor", whether one or more),
to DUKE ENERGY INDIANA, LLC, an Indiana limited liability company ("Grantee").
Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant
unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain,
repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not
limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the
transmission and distribution of electrical energy, and for technological purposes related to the operation
of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers
(collectively, "Facilities"). Grantor is the owner of that certain property described in Hamilton County.
State of Indiana,• being a part of Lots 65 and 66 in Newark and }part of Lot No 64 in Ncwark Village a
tact as recorded in Deed Record 119, Pages 7-9. and also Instrument Numher 2021030563 . in this,
Office of the Recorder of Hamilton County. Indiana ("Property"). The Facilities shall be underground,
except as needed on or above the ground to support the underground Facilities, and located in, upon,
along, under, through, and across a portion of the Property within an easement area described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto
and becoming a part hereof (hereinafter referred to as the "Easement Area").
For Grantee's Internal Use:
Work Order #: 36084397
The rights granted herein include, but are not limited to, the following:
1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any
adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and
adjoining public roads where practical as determined by Grantee).
2. Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees,
shrubs, overhanging branches, and/or other vegetation upon or over the Easement Area. Grantee
shall also have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs,
overhanging branches, and/or other vegetation whicli are immediately adjacent to the Easement
Area but only to the extent such vegetation may endanger, as reasonably determined by Grantee,
the safe or reliable operation of the Facilities, or where such vegetation is trimmed consistent
with generally accepted arboricultural practices.
3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times
and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or
leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or
interfere with the safe and reliable operation of the Facilities.
4. Intentionally omitted.
5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to
conform to any future highway or street relocation, widening, or alterations, so long as the
location of any such relocation Facilities and/or Easement Area is reasonably acceptable to
both Grantor and Grantee.
6. Notwithstanding anything to the contrary contained herein, Grantor shall not without the prior
written consent of Grantee (a) construct or install, or permit the construction or installation of
any building, house, or other above -ground structure, or portion thereof, upon the Easement
Area; or (b) excavate or place, or permit the excavation or placement of any dirt or other
material upon or below the Easement Area, a pond, lake, or similar containment vehicle that
would result in the retention of water in any manner within the Easement Area. Grantee shall
have the right to remove any such structure, improvement, facility, or obstruction at the
expense of Grantor.
7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as
provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the
surface area of the Easement Area and Property resulting from the exercise of the rights granted
herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition
prior to the damage, and shall only be to the extent such damage was caused by Grantee or its
contractors or employees.
8. Intentionally omitted.
9. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe,
reliable, and efficient installation, operation, and maintenance of the Facilities.
The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of
Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the
rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time,
or from time to time, to exercise any and all such rights.
For Grantee's Internal Use:
Work Order k 36084397
TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors,
licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and
authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of the same.
For Grantee's Internal Use:
Work Order #. 36084397
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective thiS26tay
of J lMl , 120 .
MAGNOLIA CONDOS LLC
an I iaua limited liability company
hlAk
Si d Name VU
P__
rinted Name
Title
STATE OF LfbJA NJ A )
) ss:
COUNTY OF hA I t Io O )
This certificate relates to an acknowledgment in connection with which, no oath or affirmation was
administered to the document signer.
The foregoing instrument was acknowledged before me, a notary public in the county and state
written abode this day of __ 20by
,q
J fir[ S47 Yl w • A I Q -4 - , as_ _ f1 of MAGNOLIA
CONDOS LLC, a limited liability company, organized under the laws of Indiana, on behalf of such
limited liability company.
WITNESS my hand and official seal dated 20 021
61
SEAL:
CASEY J SHINAVER
51�yU�P=y, Notary Publ,c, State of Indiana
SEAL•
Hamilton county
Commission # 713975
f I ', 7
My commission Expires
July 23, 2026
Signed
Printed or Typed Name: _-eVJ .1--'d VfY
Commission Expires: c
My County of Residence:
My Commission Number: 7 / 3 9 % 5
This instrument prepared by John Scheidler, Attorney -at -Law, 1000 E. Main St, Plainfield, IN 46168.
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this
document, unless required by law. Jamie Stevens
For Grantee's Internal Use:
Work Order #: 36084397 4
EXHIBIT "A"
EASEMENT
PART OF LOTS 64,65 AND 66 IN NEWARK, THE PLAT OF WHICH IS RECORDED IN DEED RECORD 119 PAGES 7-9
IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, BEING IN THE NORTHWEST QUARTER OF SECTION
31, TOWNSHIP 18 NORTH, RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES 54
SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 515.00 FEET; THENCE SOUTH 00
DEGREES 27 MINUTES 14 SECONDS EAST A DISTANCE OF 223.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66 AND
THE PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 27 MINUTES 14 SECONDS EAST ALONG THE EAST LINE OF SAID
LOT 66 A DISTANCE OF 199.98 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 46 SECONDS WEST A DISTANCE OF 8.00
FEET; THENCE NORTH 00 DEGREES 27 MINUTES 14 SECONDS WEST A DISTANCE OF 191.52 FEET; THENCE SOUTH 89
DEGREES 48 MINUTES 41 SECONDS WEST A DISTANCE OF 73.85 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00
SECONDS EAST A DISTANCE OF 1.68 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF
15.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 1.63 FEET; THENCE SOUTH 89
DEGREES 48 MINUTES 41 SECONDS WEST A DISTANCE OF 87.66 FEET TO THE SOUTH BOUNDARY OF 126TH STREET PER
INSTRUMENT NUMBER 2017028798 AS RECORDED IN THE HAMILTON COUNTY RECORDER'S OFFICE; THENCE ALONG SAID
SOUTH BOUNDARY THE FOLLOWING TWO COURSES: 1) NORTH 85 DEGREES 28 MINUTES 56 SECONDS EAST A DISTANCE OF
114.80 FEET, 2) NORTH 89 DEGREES 56 MINUTES 54 SECONDS EAST A DISTANCE OF 70.00 FEET TO THE PLACE OF
BEGINNING.
CONTAINING 0.061 ACRES, MORE OR LESS.
I, GEORGE W. CHARLES II, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY
THAT THIS DESCRIPTION IS BASED ON AN ALTA/NSPS LAND TITLE SURVEY PERFORMED BY ME TITLED -126TH
STREET & RANGELINE ROAD" DATED MAY 28, 2021.
W C Nq ,
�®� ��G 15 T ER�� ��• �
No. LS = — P — 5-17-2021
2080011 % GEORGE W. CHARLES II DATE
PROFESSIONAL SURVEYOR #LS20800117
STATE OF STATE OF INDIANA
SURN�
PREPARED BY:
`l 1'1
COUNTY:
HAMILTON
SECTION:
31
TOWNSHIP:
18N
RANGE:
4E
r<
HATCHED AREA IS THE
`
APPROXIMATE EASEMENT
NW COR. NW 1/4
SEC. 31-T18N-R4E
HARRISON FND. FLUSH
EXHIBIT "B"
EASEMENT
OWNER: MAGNOLIA CONDOS LLC
DRAWN BY : CJL 6-17-2021
CHECKED BY : GWC
7A' 0 26 1.
SrA F. f = w
N89'56'54"E(M)(D) 515.00'(M)(D)
S00'27'14"E(M)(D)
CITY OF CARMEL 126th STREET (PUBLIC) 223.01'(M)(D)
INST. #2017028798
''E 56"114.80' N89'56'54"E 70.00'
8528
S89't 8'41"W 87.66' S89'48'41"W 73.85'
N00'00'00"E 1.63' SI00'00'00"E 1.68'
N90'00'00"W 15.00' !
MAGNOLIA CONDOS ILLC
INST. #2021030563
NEWARK NEWARK NEWAhIZ
(BK. 119 PGS. 7-9) (BK. 119 PGS. 7-9) (BK. 119 PGS. 7-9) _
LOT 64 LOT 65 LOT 66 `')
3
'v
INST. #2019065651
NORTH
PLACE OF
BEGINNING
S89'32'46"W 8.00'
THIS PLOT IS BASED ON AN ALTA/NSPS LAND TITLE SURVEY
PERFORMED BY GEORGE W. CHARLES II LS 20800117 TITLED "126TH PREPARED BY:
STREET & RANCELINE ROAD" DATED MAY 28, 2021.
No. LS '
20800117
STATE OF ®®__r 6-17-2021
,'X, �NDIANp y GEORGE W. CHARLES II DATE
PROFESSIONAL SURVEYOR #LS20800117
S U R v STATE OF INDIANA