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HomeMy WebLinkAbout136th - Carmel High Bldg Corp y e 200300099019 V Filed for Record in 0 HAMILTON COUNTY INDIANA P JENNIFER .T HAYDEN o 09-24-2003 At 08:29 am. EASEMENTS 22.00 EASEMENT AGREEMENT APPROVED AS TO FORM 8Y- KNOW ALL MEN BY THESE PRESENTS that the undersigned, CARMEL HIGH SCHOOL BUILDING CORPORATION, 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 Carmel, 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" `B" attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing utility lines and equipment. 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" `B then, and in that event, the easement area that is defined in this instrument shall 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, jointly and severally, and the Grantee, shall join in the execution and acceptance of an appropriate substitute easement instrument if either the Grantor to the Grantee shall deliver to the other a written request for such a substitute easement instrument. 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 also includes the rights 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 Grantee's facilities 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 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 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. 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 or equipment, Grantee, at its sole cost and expense, shall repair and 2 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 right to remove items which, in Grantee's sole opinion, is or would interfere with the rights granted herein. In no event shall Grantee have a duty to restore an area of the easement area or nearby property that was disturbed by nearby property owners, their grantees, successors, agents employees, or by other persons in connecting the premises of the nearby property owners by service pipes to the lines and /or equipment installed 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 performed upon, under and/or over or within the easement area at any time, and from time to time, shall be done at such a time and in such a manner as will not unreasonably interfere 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 business hours. TO HAVE AND HOLD unto Grantee, its successors and assigns, so long as the rights and easements herein granted shall be used by Grantee upon the terms 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, but subject to all liens, encumbrances, restrictions and prior easements of record. It is agreed that this grant covers all the agreements between the parties and that no representations or statements, verbal or written, have been modifying, adding to or changing the terms of this agreement. 3 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 the 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 it 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. (Remainder of page intentionally left blank) 4 IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the (0' day of Gf c), t 2003. Carmel High School Building Corporation ATTEST: eake4, /L BY: c.— Co 11ePn ICgw■ ,Sege felt v(cE PnE siArn r- STATE OF INDIANA )SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State personally appeared E 1ra,o 44E60 4/Ativ known to me to be the individual(s) whose name is subscribed to the foregoing instrument and consideration therein expressed, and in the capacity therein stated. Given under my had and seal of office, this (2 4-8\ day of 4,9 2003. Ad Notary 'ublic 0 6 Printed Si Commission Expiration: c2 D 7 0'.. Count of Residence Alai /IL This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana, 46032 5 STATE OF INDIANA SS: COUNTY OF 'f 1 Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of •Ar•IDQ 4 4 O1-0.ISd <DEpdry Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Non- Remonstration Agreement" on behalf of the City of Carmel, Indiana. FF2)�t� Witness my hand and Notarial Seal this day of I 0/ 2003. NOTARY PUBLIC My Commission Expires: Printed Name 1 7 1 //9 /4k My County of Residence: #4/n/Ati704l Date: 9/3/6 3 CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY I Brainard, Presiding Officer es Date: 7 J ii° i Mary Ann rke, Member Date: 03- -..3 7 4 \h, Lori Watson, Mem fi' Date: ":;r q/3 0 3 -Tc 10, ATTES pr aay a Uh f I EEE ,y 1 is e� a r Sa dra MI. Johnson, v ✓L� It eputy Clerk Bar D 4 cra f' .CYiydra t1 1 k- Treasurer RETURN ORIGINAL TO: SANDRA JOHNSON CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 li r EASEMENT DESCRIPTION [Permanent 10' Utility Easement] A part of the real estate described in a certain Quitclaim Deed recorded March 22, 1996, as Instrument #9609611685 in the Office of the Recorder of Hamilton County, Indiana, which is also part of Tract 5A and Tract 13 as described therein, which is also part of the Northwest Quarter of Section 30, Township 18 North, Range 4 East, and more particularly described as follows: Commencing at a point in the center of Cool Creek 826.00 feet East and 531.00 feet South of the Northwest corner of the East Half of the Northwest Quarter of said Section 30, which is also the point of beginning of Tract 5A as described in said Quitclaim Deed; thence North 69 degrees 36 minutes 11 seconds East (assumed bearing this and all subsequent bearings in this description being based on the same system) 43.41 feet along the center of said Cool Creek; thence North 74 degrees 30 minutes 23 seconds East 50.16 feet along the center of said Cool Creek; thence North 84 degrees 34 minutes 59 seconds East 7.54 feet along the center of said Cool Creek to the POINT OF BEGINNING of this description: thence continuing North 84 degrees 34 minutes 59 seconds East 11.19 feet along the center of said Cool Creek; thence South 21 degrees 13 minutes 55 seconds West 551.27 feet; thence South 47 degrees 28 minutes 51 seconds West 130.80 feet to the east boundary of Lot 6 in Carmelwood, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Deed Record 136, pages 365 -367, in the Office of the Recorder of Hamilton County, Indiana; thence North 0 degrees 17 minutes 44 seconds West 13.50 feet along the east line of said Lot 6; thence North 47 degrees 28 minutes 51 seconds East 119.39 feet; thence North 21 degrees 13 minutes 55 seconds East 543.92 feet to the POINT OF BEGINNING of this description. EXHIBIT "A" •P.O.B. Point of Beginning 76.48'N3844, 35.64' N8727'34 "E 11.19' N84'34'59 "E- 34.37 N8T2T56 "E 7.54' N84 34'59 "E 65.65' S89'04'30 "E 50.16' N74'30'23"E 31.07 S88' 13'47"E 30.58' S70' 18' 12 "E 43.41' N6936' 11 "E 4 1---. 52.47 S49'54'03"E P.O.B. II I t Cool Creek 1"=100' I z 81.71' S58'46'01 "E o 50.21' S73'45'47"E Z o h S 01 9' A 100.05' N80' 19'40 "W o ::'1 79.25' N80' 19'04 "W h h� h 3 1 PP Z .k, 1 o° N 9 0<c, 0 N' o to h 13.50' N0' 17'44'W 0 1 49.17 N7 o "y. 27417 N7 8 2 744 "8, EXHIBIT