HomeMy WebLinkAboutEasement Agreement-Duke Energy Indiana, LLC-3rd Ave URA-PURCPA
For Grantee’s Internal Use:
Work Order #: 47768063-30
Page 1 of 3
Prepared by:
Return to:
Duke Energy Indiana, LLC
Duke Energy Indiana, LLC
Attn: Jamie Stevens
1000 E Main St
Mail Code: WP989
Plainfield, Indiana 46168
Parcel # 29-09-25-405-007.000-018
EASEMENT
State of Indiana
County of Hamilton
THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from CITY
OF CARMEL, an Indiana municipality (“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 a tract as recorded in
Instrument Number 199909951189, in the 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:
By Sergey Grechukhin at 2:11 pm, Jun 06, 2024
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
For Grantee’s Internal Use:
Work Order #: 47768063-30
Page 2 of 3
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. 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. 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.
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0