HomeMy WebLinkAboutUG EASEMENT-116th AAA Way- City of CarmelFor Grantee’s Internal Use:
Work Order #: 50872888 1
Prepared by: Duke Energy Indiana, LLC
Return to: Duke Energy Indiana, LLC
Attn: Megan Johnson
1000 East Main Street
Parcel # 29-14-06-104-012.000-018
Mail Code: WP989
Plainfield, IN 46168
EASEMENT
State of Indiana
County of Hamilton
THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from
THE CITY OF CARMEL (“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 6, Township 17 North, Range 4
East, Clay Township, Hamilton County, State of Indiana, being a part of Lot 33, Woodland Golf Club
Subdivision, as recorded in Deed Book 136, Page 545, and also as Instrument Number 2024032155, in
the Office of the Recorder of Hamilton County, Indiana (“Property”).
Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF
For Grantee’s Internal Use:
Work Order #: 50872888 2
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 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.
Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF
For Grantee’s Internal Use:
Work Order #: 50872888 3
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: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF
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LOT
'EED BOOK 16 PAGE 545
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Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF