HomeMy WebLinkAboutEasement Monon Green Blvd and Rangeline CRCPrepared by: Duke Energy Indiana, LLC
Return to: Duke Energy Indiana, LLC
Attn: Amanda Brinker
1000 E Main St.
Mail Code: WP989
Plainfield, IN 46168
State of Indiana
County of Hamilton
Parcel # 16-09-36-00-00-005.114
2022008969 EASE $25.00
02/17/2022 02:44:11PM 5 PGS
EASEMENT Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II II III I I I I I I I II II
THIS EASEMENT ("Easement") is made this IOthday of Februrary 20 22 , from THE
CITY OF CARMEL REDEVELOPMENT COMMISSION ("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 Section 36, Township 18 North, Range
3 East, Clay Township, Hamilton County, State of Indiana; being a part of a tract as recorded in
Instrument Number 2015007517, in the Office of the Recorder of Hamilton County, Indiana
("Property").
For Grantee's Internal Use:
Work Order #: 43066782
FDS
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:
A strip of land fifteen feet (15') in uniform width, lying equidistant on both sides of a centerline,
which centerline shall be established by the center of the Facilities as installed, along with an area ten feet
(10') wide on all sides of the foundation of any Grantee enclosure/transformer, vault and/or manhole, and
as generally shown on Exhibit "A", attached hereto and becoming a part hereof (hereinafter referred to as
the `Basement Area").
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 trim, cut down, and remove from the Easement Area, at any time
or times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth,
other vegetation, and obstructions.
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. Grantee shall have the right to install necessary guy wires and anchors extending beyond the
boundaries of the Easement Area.
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.
6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or
obstructions, within or adjacent to the Easement Area, which may interfere with the exercise of
the rights granted herein to Grantee. 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. Notwithstanding anything to the contrary above, the general location of the Facilities is shown on
the sketch attached hereto as Exhibit A and incorporated herein by reference. The final and
definitive location of the Easement Area shall become established by and upon the final
installation and erection of the Facilities by Grantee in substantial compliance with Exhibit A.
For Grantee's Internal Use:
Work Order #. 43066782 2
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.
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 #. 43066782
44
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this 0 day
of 7e , 20 ZZ .
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION i
OF / )
ss:
COUNTY OF
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
above this /0 day of , 20 Z Z by THE CITY OF CARMEL
REDEVELOPMENT COMMISION.
WITNESS my hand and official seal dated /0 20 ZZ
SEAL:
RACHEL S FINN
Notary Public — Seal
Hamilton County - State of Indiana
Commission Number NP0731532
My Commission Expires Feb 7, 2029
Signed: `
Printed or Typed Name: �UC �P �•//'!h
Commission Expires:
My County of Residence:
My Commission Number:
This instrument prepared by Ariane Johnson, 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. Andrew Zschau
For Grantee's Internal Use:
Work Order #: 43066782 4
I THIS IS NOT A SURVEY. LOCATIONS SHOWN ARE APPROXIMATE. THE ACTUAL CENTERLINE I
LOCATION OF THE UTILITY LINE IS THE CENTERLINE OF THE EASEMENT.
P/L
EXISTING 15' WIDE EASE
INSTRUMENT #20141
S89°12'13"W 388.39'
VETERANS WAY
NOTE: PROPERTY LINES AS SHOWN WERE
PLOTTED FROM INSTRUMENT #2014033049;
#2015007517
AND SITE IMPROVEMENTS FROM GIS DATA
HAMILTON COUNTY, INDIANA
SITE NAME: CLAY TOWNSHIP SECTION 36 TOWNSHIP 18N RANGE 3E
DR. EXHIBIT MAP OF:
JM EASEMENT
i CK. LOCATION
I AM MONON GREEN BLVD, CARMEL, INDUKE
/�
�
ENERGY
DATE EXHIBIT MAP FOR: EXHIBIT �/ ►
12/6/2021
THE CITY OF CARMEL REDEVELOPMENT COMMISSION
EMAX #43067782