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HomeMy WebLinkAboutGrant of Easement RECORDED 2-26-02 Requested By Christine 05/18/2006 200200015643 0 Filed for Record in vj HAMILTON COUNTY, INDIANA MARY L CLARK 02 -26 -2002 12:17 pm. EASEMENTS 18.00 Cross Reference This easement encumbers real estate known as Lot 20 in North Augusean addition in Hamilton County, as per plat thereof recorded in Deed Record 132, Pages 446 -447, in the office of the Recorder of Hamilton County, Indiana. GRANT OF EASEMENT THIS INDENTURE WITNESSES that for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, MAJESTIC PLAZA, LLC, an Indiana limited liability company (hereinafter "Grantor for itself and its grantees, successors, and assigns, hereby grants, bargains, sells, conveys, and warrants unto INDIANAPOLIS WATER COMPANY, an Indiana corporation "Grantee its grantees, successors, and assigns, an exclusive, perpetual easement with the right, privilege, and authority in Grantee, its grantees, successors, and assigns, to erect, construct, install, reconstruct, renew, operate, maintain, patrol, replace, and repair a water main or Iine and its necessary appurtenances in, under, upon, over, and across the real estate located in Hamilton County, Indiana, that is described and depicted in attached Exhibit A (which is a print of Grantee's Drawing No. D -9632) which real estate is hereinafter signified by the term "the Easement Real Estate." Said Exhibit A is incorporated in, and made a part of, this instrument by this reference, and the preceding reference, thereto. Said easement also includes the rights and privileges (1) of ingress and egress for the employees, agents, and representatives of Grantee, its grantees, successors, and assigns, to, from, Requested By: Christine 05/18/2006 and over the Easement Real Estate, (2) to use, temporarily, additional space where available and necessary from time to time adjacent to the Easement Real Estate for equipment and materials necessary for installation, repair and maintenance of Grantee's facilities located in, under, upon, over, and across the Easement Real Estate, (3) to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, and (4) for nearby property owners, their grantees, successors, agents, or employees, to connect the premises of such nearby property owners by water service pipes to the water main or line installed by Grantee in the Easement Real Estate, pursuant to Grantee's rules as approved by the Indiana Utility Regulatory Commission. Grantee covenants that in the installation, maintenance, or operation of its water main or line and appurtenances in, under, upon, over, and across the Easement Real Estate, it will restore the portion of the Easement Real Estate disturbed by its work to a condition that is as near the condition that existed at the time the portion was disturbed by it as is practicable, but it shall have no duty to restore an area of the Easement Real Estate disturbed by nearby property owners, their grantees, successors, agents or employees, in connecting the premises of the nearby property owners by water service pipes to the water main or line installed in the Easement Real Estate, and Grantee shall not be liable for any damages caused to Grantor's property as a result of such work. Grantor reserves the right to use the Easement Real Estate for any purpose which is not inconsistent with or will not interfere with the rights and privileges granted to Grantee by this easement. Grantor herein covenants for itself and for its grantees, successors, and assigns, that none of them will change the final grade of the Easement Real Estate by more than twelve (12) inches, or erect or maintain any building or other structure or obstruction on or over the Easement Real Estate. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining on the Easement Real Estate of any earthen mound or series or system of earthen mounds, but does not prohibit the installation of 2 Requested By: Christine 05/18/2006 sewer or other utility connections, pavement, curbs, sidewalks, driveway, or parking spaces so long as said structures do not change the final grade of the Easement Real Estate by more than twelve (12) inches. The parties agree that in Grantor's sole discretion, Grantor may elect to move the water line or main in the future. Grantee shall move the water line or main to a reasonably agreed upon location and Grantor shall pay all reasonable costs associated with the move. The Grantor shall provide the Grantee with written notice of its request to move the water line or main and Grantee shall schedule the move within its normal course of business. The Grantor represents and certifies that it is the owner of the Easement Real Estate; it guarantees the quiet possession of the Easement Real Estate to the Grantee; that the Easement Real Estate is free of any lien or encumbrances, except the lien of current taxes and any other lien or encumbrance that appears of public record; and that, subject to the foregoing, it will warrant and defend Grantee's title to the easement granted hereby against all lawful claims. IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be executed this 3 day of 7' /I'.✓ 2002. Majestic Plaza, LLC By 441 Printed /y) f 117A42 Title fiZz,ifi1✓' 3 Requested By Christine 05/18/2006 STATE OF INDIANA SS: COUNTY OF f 4/1 /LTA Before me the undersigned, a Notary Public in and for the State of Indiana, personally appeared JIAJ 1 0 R SR L the f e.Lfs'l.D 7 of Majestic Plaza, LLC, who acknowledged his execution of the foregoing instrument to be his voluntary act and deed on behalf of the company. S� Witness my hand and Notarial Seal this 3 day of <.1 2002. I am a resident of #4 ft-ID A- U ai County, Indiana, and my Q fi� commission expires: Printed: f 'C� (Notaiw it 4 }42t if Z3, 2-00 .;4 This instrument was prepared by Peter S. Beering. 4