HomeMy WebLinkAboutEasement Agreement; Duke Energy Indiana, LLC; 31 1st Avenue NW; Parcel#s 29-09-25-122-027.000-018 and 29-09-25-122-028.000-018; EngineeringDocuSign Envelope ID: 42ADFD07-0424-4C64-9F08-3FE95EED7C8C
Prepared by: Duke Energy Indiana, LLC
Return to: Duke Energy Indiana, LLC
Attn: Megan Johnson
1000 E Main St
Mail Code: WP 989
Plainfield, IN 46168
EASEMENT
State of Indiana
Parcel # 29-09-25-122-027.000-018
29-09-25-122-028.000-018
APPROVED
By Saar Goof"[ ae 9:12— Avp St W22
County of Hamilton
THIS EASEMENT ("Easement") is made this day of Jjk�022,from
CITY OF CARMEL, Indiana ("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 25, Township 18 north, Range 3
East Clay Township Hamilton County State of Indiana; being a part of Lot 3 and 10, in Simeon
Hawkins Addition to Bethlehem as recorded in Deed Record 30, Page 441, and also Instrument
Number 2017010010 in the Office of the Recorder of Hamilton County, Indiana ("Property").
For Grantee's Internal Use:
Work Order k 10788972
DocuSign Envelope ID: 42ADFD07-0424-4C64-9F08-3FE95EED7C8C
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:
Easement being that area indicated, relative to landmarks and property lines, shown on a drawing
marked Exhibit "A", attached hereto and becoming a part hereof (hereinafter referred to as the "Easement
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. 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.
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.
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.
For Grantee's Internal Use:
Work Order #: 10788972
DocuSign Envelope ID: 42ADFD07-0424-4C64-9F08-3FE95EED7C8C
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 #: 10788972 3
DocuSign Envelope ID: 42ADFD07-0424-4C64-9F08-3FE95EED7C8C
IN WITNES WHEREOF, Grantor has signed this Easement under seal effective this day
of , 2022.
Not Present
JAMES BRAINARD
PRESIDING OFFICER
DocuSigned by:
Itmi (% NW
1 !8VIMISON
MEMBER
) ss:
COUNTY OF HAMILTON
CITY OF CARMEL, Indiana
by and through its Board of Public Works and Safety
�DmuSigned by:
M avt, atn.k, fA,&t,
MAWBANN BURKE
MEMBER
ATTEST: /--Docusiynedby:
��Baye�omeV V
SUE WOLFGANG 9/7/2022
CLERK
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 no public m the county and state written
above this _Y^---ay of september2022 by , Mary Anne Burke, and Lori S.
Watson as Members of the City of Carmel Board of Public Works and Safety, organized under the laws
of Indiana, and that by authority duly given and as the act of said City of Carmel, the foregoing
EASEMENT was signed in its name by its members, sealed with its official seal, and attested by Sue
Wolfgang as the Clerk of the City of Carmel.
WITNESS my hand and official seal dated 71 ; 2022.
SEAL:
Signed:
HOLLY J. HARMEYER
o : Notary Public, State of Indiana Printed or Typed Name. o y 7 Ha rmeye r
f ;SEAL: Hamilton County
z * +; Commission Number NP073799z
Commission Expires:
My Commission Expires
mum"` December 15, 2029
My County of Residence:
My Commission Number:
12/15/2029
Hamilton
NP0737982
This instrument prepared by Victoria Parker, Attomey-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. Megan Johnson
For Grantee's Internal Use:
Work Order #: 10788972 4
DocuSign Envelope ID: 42ADFD07-0424-4C64-9F08-3FE95EED7C8C
THIS IS NOT A SURVEY. LOCATIONS SHOWN ARE APPROXIMATE.
NORTH 165.00' (10.00 RODS)
PIL O P/L r�L
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J p (� W 15' WIDE EASEMENT
W CD o Z J N89° 58' 73 "EPA 35.00'
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LL O W 0 O M AREA EASEMENT
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I ° 58' WIN 52.00'
NOTE: PROPERTY LINES AS SHOWN WERE
PLOTTED FROM INSTRUMENT #2017010010;
#2007012511; D.R. 30, PG. 441
AND SITE IMPROVEMENTS FROM GIS DATA
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HAMILTON COUNTY/ INDIANA
SITE NAME: CLAY TOWNSHIP SECTION 25 TOWNSHIP 18N RANGE 3E
DR. EXHIBIT MAP OF:
JM EASEMENT
DUKE CK LOCATION
AM 31 1ST AVE. NW, CARMEL, IN
DATE EXHIBITMAPFOR: EXHIBIT
ENERGY
06/14/2022 CITY OF CARMEL
WO #10788972