HomeMy WebLinkAboutEasement Agreement08/09/2006 15:23 3175712265
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HAMILTON COUNT HAYDEN
JENNIFER
06+EMENT53 At b8;�, �0�
EAR
50515
CARMEL UTILITIES
APPROVED, AS TO
FORM IT:�
T OW ALL MEN BY THESE PRESENTS that the undersigned, RFC Franchising, Inc.,
as the fee owner of certain real estate, (hereinafter referred to as "Grantor for and in
consideration of the sum of Ten and 00/100 Dollars ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged and confessed, does hereby Grant, Bargain, Sell
and Convey unto the City of Cannel, Indiana, an Indiana municipal corporation, its successors
and assigns (hereinafter referred to as "Grantee an exclusive and perpetual easement upon,
over, under and across the real estate located in Hamilton County, Indiana, and described in
Exhibit "A" attached hereto and hereby made a part hereof (the "Easement Area for the
purposes oses of (i.) laying, installing, constructing, maintaining, operating, inspecting, altering,
replacing and removing utility lines and equipment; and (ii) constructing, maintaining and
operating a multi-purpose path consisting of a 12 -foot wide asphalt path with a 2-foot stone
buffer on each side of the path (the "Trail"}.
If the utility lines and/or equipment are installed in good faith in a location other than the
location that is described and depicted in Exhibit A, then, and in that event, the Easement Area
that is defined in this instrument shalt be conclusively deemed to include the strip of land that is
centered on the line or equipment as installed, and in such an event, the Grantor and the Grantee,
shall join in the execution and acceptance of an appropriate substitute easement instrument if
either the Grantor or the Grantee shall deliver to the other a written request for such a substitute
easement instrument. Notwithstanding the foregoing, Grantee agrees that the Trail will not be
constructed until after the utility lines and equipment are installed and the Trail will be
constructed within the Easement Area as finally configured.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantor, its successors and
assigns, upon and within the boundaries of the Easement Area, for purposes of access to the
.Easement Area. Said easement also includes the nights and privileges to temporarily use, from
time to time, additional space, where available and necessary, that is adjacent to the Easement
Area for equipment and materials necessary for the installation, repair and maintenance of
EASEMENT AGREEMENT
Prior Deed Reference:
/100 tooauoy9
PAGE 02/08
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Grantee's facilities (including utility lines and equipment and the Trail) located in, under, upon,
over, and/or across the Easement Area, to do all acts and things requisite and necessary for the
full enjoyment of the easement hereby granted, and for nearby property owners, their grantees
successors, agents or employees to connect the premises of such nearby property owners by
service pipes to the lines and/or equipment installed by Grantee within the Easement Area
provided such nearby property owners, their grantees successors, agents or employees restore the
portion of the Grantor's property disturbed by their work to a condition that is as near the
condition that existed just prior to the time the portion was disturbed by them as is practicable.
Grantee also shall have the right from time to time to remove all trees, undergrowth, structures
and/or other obstructions above, within, under or immediately surrounding the Easement Area
which may injure, endanger or interfere with Grantee's facilities or Grantee's use and enjoyment
of this Easement all of which work shall be done at Grantee's sole cost and expense except as
otherwise set forth herein.
Grantor, its successors or assigns, shall not erect or maintain any permanent structures,
obstructions, or other improvements under and/or upon the surface of or over the Easement Area
or perform any act which would impair or interfere with Grantee's use and enjoyment of the
easement herein granted. The immediately preceding sentence prohibits (among the other
prohibitions effected by it) the erecting or maintaining in the Easement Area of any earthen
mound or series or system of earthen mounds. Grantor acknowledges and agrees that the Trail
shall be a public, multi- purpose recreational path which will connect to the Moron Trail.
Grantor shall not in any way limit access to or obstruct the Trail or otherwise interfere with the
Grantor's or the public's access to or use of the Trait.
If the surface of the Easement Area is disturbed by Grantee at any time, and/or from time
to time, by the installation, repair, maintenance, removal, replacement or other work in
connection, with utility lines, related equipment or Trail, Grantee, at its sole cost and expense,
shall repair and. restore the surface of the Easement Area and /or nearby property of the Grantor to
substantially the same condition which existed immediately prior to any such disturbance, except
to the extent that Grantee was exercising its rights to remove items which, in Grantee's sole
opinion, is or would interfere with rights granted herein. In no event shall Grantee have a duty to
restore an area of the Basement Area or nearby property that was disturbed by nearby property
owners, their grantees, successors, agents, employees or by other person in connecting the
premises of the nearby property owners by service pipes to the lines and/or equipment installed
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CARMEL UTILITIES PAGE 04/08
in the Easement Area or otherwise and Grantee shall not be liable for any damages caused to
Grantor's property as a result of such work. Any work performed or caused to be perfonned
upon, under and'or over or within the Easement Area at an.y time, and from time to time, shall be
done at such a time and in such a manner as will cause a minimum of interference with the
business being conducted by Grantor (or its successors and assigns) upon the land surrounding
and adjoining the Easement Area, but nothing herein contained shall prevent or prohibit Grantee
from performing any of its work during normal and customary daylight business hours.
TO HAVE AND TO HOLD unto Grantee, it's successors and assigns so long as the
rights and easements herein granted shall be used by Grantee upon the tenns and conditions
specified herein, with ingress to and egress from the Easement Area for the purposes of
constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee
herein described and subject to all liens, encuxnbrances, restrictions and prior easements of
record.
It is agreed that this Easement Agreement covers all the agreements between the parties
and that no representations or statements, verbal or written, have been made modifying, adding
to or changing t;lie terms of this Easement Agreement.
The Grantor represents and certifies that it is the fee simple owner of the Easement Area
and real estate surrounding the Easement Area; that Grantor guarantees the quiet possession of
the Easement Area to Grantee; that the Easement Area is free of any liens or encumbrances
except the lien of current taxes and any other lien or encumbrance that, as of the date of
execution hereof, appears of public record and that subject to the foregoing, Grantor will warrant
and defend Grantee's title to the Easement granted hereby against all claims thereon.
The person executing this instrument on behalf of Grantor hereby represents that he has
the authority to bind Grantor to the terms and conditions set forth herein.
This instrument may be executed by Grantor in separate counterparts, each of which shall
constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the
8' day of 2003
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STATE OP
SS:
COUNTY OF
CARMEL UTILITIES
RITTERS PRANCNISING, Inc.
Printed:
Title: �.•,r c 1 c ait l_t.,,s
PAGE 05/08
Before me, a Notary Public in and for said County and State personally appeared
&Le/A.,- the of Ritters Franchising, Inc. known to me to be the
individual whose name is subscribed to the foregoing instrument and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office, this day of
(Seal)
Commission Expiration:
v24,//
ounty of Residence:
50515
Notary
Printed Signature
2002.
This Instrument prepared by Doug Harney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
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451 -5362
slerzputowski
10/07 /02
CARMEL UTILITIES PAGE 06/08
Exhibit A
A part of deed Record No 200100028049 to J and A Rit, LLC
recorded in the Office of the Recorder of Hamilton County, Indiana
which easement is more particularly described as follows:
Easement Description
A utility easement 20 feet in uniform width lying south of the
north property line as shown below containing .35 acres
more or less,
North Property Line
75730' 588'42 "W
Cen eerfiie Of Coo/ Creek
Scale 1 -200'
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CITY OF CARMEL, INDIANA
BY ITS BOARD OIL PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
ATTEST:
urke, Member
6 o
Diana L. Cordray, lerk- Treasurer
CARMEL UTILITIES
Sandra ?,L MOM,
Dept/ Clark far
PAGE 07/08
08/09/2006 15:23 3175712265
STATE OF INDIANA
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard_, Maudlin Burke and Lori Watson by me known to be the Members of the City of
Carmel Public M D t ?4 r >61:u 1
Board of I ublic Works and Safety, and Diana L. Cor dra Clerk-Treasure
v. of the City of
Carmel, who acknowledged the execution of the foregoing `Non- Remonstration Agreement" on
behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of
My Commission Expires:
qfilja 7
SS:
CARMEL UTILITIES PAGE 08/08
e. CAP
Printed Name
My County of Residence: V,4Ta
Date: S/Ala a