HomeMy WebLinkAbout1st St SW - Endres, Donald/Dorothy i
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APPROVED, All 1 :0
O EASEMENT AGREEME FO
200200099209
KNOW ALL MEN BY THESE PRESENTS that the undersigned, DONALD P.
ENDRES AND DOROTHY L. ENDRES, HUSBAND AND WIFE, and as the fee owners of
certain real estate, (hereinafter referred to as "Grantor for and in consideration of the sum of
Ninety Five Hundred and 00 /100 DOLLARS ($9500.00) 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, for the purpose of
laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing utility lines and equipment.
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 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
Grantees 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 Grantors 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 acknowledges that during construction of the water
main it will take down and remove the existing willow tree at no cost to Grantor. Grantee further
acknowledges that it will install a one inch (1 service tap for Grantors residence at a location
designated by Grantor. The installation of the service tap shall be at Grantee expense. Grantee
agrees to waive water availability and water connection fees for Grantors residence.
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 impai' 'f the
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easement herein granted.
200200099209
i l for gl' Filed tor• Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
12 -20 -2002 08:31 am.
EASEMENTS 20.00
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
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 Grantees sole opinion, is or
would interfere with the rights granted herein. 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 cause a minimum of interference with the
business being conducted by Grantor (their 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, 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 made modifying, adding to or
changing the terms of this agreement.
The Grantor represents and certifies that they are 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 Grantees title to the easement granted hereby against all claims thereon.
The person executing this instrument on behalf of Grantor hereby represents that they
have 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
_lnfl day of PPCPA3Ire 200 0 2.
4 7,6, 0 11
Donald P. Endres
Dorothy L. dotes
This Instniment prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF �NGPAAM
�1
SS:
COUNTY OF yAm i f f D A/
Before me, a Notary Public in and for said County and State personally appeared
fvoNAid DoRot/ y /liciikef 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 hand and seal of office, this /fi day of Dece4eR 20 d,.
[Seal}
Notary Public
LA
Printed Signature
Commission Expiration:
0511 008
1ajV,lS ,1151:11
County of Residence: e�,.
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Approved and Adopted this /fday of 2002.
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
Ja es Brainard, Mayor
Date: /e2— /c
Mary Ann B empe `O
Date: JJ 4
(Lori ats•',Member
I e: jd- /9 v-
ATTEST:
A /Le-44 k/
Dana Cordray, Cl rk- T4surer
Date:
This instrument was prepared by Douglas Haney, City Attorney,
City of Carmel, One Civic Square, Carmel, IN 46032.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
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, and by me known to be the Members of the City of Carmel Board of
Public Works and Safety, and DIANA L. CORDRAY, Clerk Treasurer of the CITY
OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 18 day of December, 20021
NOTARY PUBLIC
t l ••+,fir
My Commission Expires: 0
Printed Name
*,76/0
My County of Residence: HAMILTON
Exhibit A
A part of deed Record No 195 page 314 to Donald P. and
Dorothy L. Endres recorded in the Office of the Recorder of
Hamilton County, Indiana which easement is more particularly
described as follows:
Easement Description
A utility easement 25 feet in uniform width lying contingous to and
southeast of the northwest property line as shown below containing
.28 acres more or less.
2
'5'
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25' Utility
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357.3' West
451 5362 Scale 1"-100'
b enders 3000
08/08/02