HomeMy WebLinkAboutGray - Foster, Hazel Water Line )3
Cross Reference: Miscellaneous Record 78, pages 9 -17
UTILITY EASEMENT'
9502726
This indenture witness that: RazPi F_ FnStPr
(hereinafter called "GRANTOR for and in consideration of Ten dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant, sell, and convey to the City of Carmel of Hamilton County, Indiana, a City, duly
organized and existing under the laws of the State of. Indiana, (hereinafter called
"GRANTEE a permanent and /or a temporary easement and right -of -way to construct,
operate, control, maintain, reconstruct, change the size of, repair and remove utilities,
consisting of water, sewer, drainage and other lines and related utilities, appurtenances and
fixtures, along, under, through, and across the GRANTOR's land in Hamilton County, State
of Indiana, which easement is more particularly described as follows, to -wit:
a
t
PERMANENT EASEMENT E
PNV
See attached Exhibit "A"
REVIEWED BY HAMILTON
COUNTY AUD OR'S OFFICE f
day of t 1
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The easement here established is for the purpose of maintaining water, sewer, drainage,
and other lines and related utilities, appurtenances and fixtures across the above described
land. Also the right of ingress and egress over and across said strip and land adjacent to said
strip for the purpose of exercising the rights herein granted.
The GRANTEE will level the ground and reseed any areas that might be disturbed as
a result of the construction of the utilities, or as a result of any repairs that may be made to said
utilities hereafter. It is further agreed that any damage to any private drive, pipe, tile, fences,
or other property of the GRANTOR (other than trees, shrubs, and ground cover), occasioned
by the construction of said utility lines shall be repaired or replaced by the GRANTEE in as
good or better condition as the same presently exists.
GRANTEE shall have the right of ingress and egress over and across the easements
granted for purposes described herein. Whenever necessary or convenient, GRANTEE may
haul across the easements granted herein such utility facilities and other materials as may be
needed in the construction or maintenance of its utility system.
GRANTOR shall have the right to f lly use and enjoy the strip of land granted as a
permanent easement except for such use as my impair, impede, or unreasonably interfere with
the exercise by GRANTEE of the rights granted herein. GRANTOR shall not construct or
permit to be constructed any house, structure, or obstruction on or over or interfering with the
construction or operation of any utilities or appurtenances constructed pursuant 'to this
instrument. GRANTOR further agrees that GRANTOR shall nol change the grade of any
such utility facilities.
LIABILITY. The GRANTEE hereby agrees, by the acceptance of the within easement
and as a part of the considerations hereof, that any damages to the subject premises due to the
GRANTEE's work, including premises subject to a temporary easement hereunder, or to
improvements, personal property, lawn, driveways, shrubbery, drain tiles trees or fences upon
the subject premises shall be the obligation and liability of the GRANTEE.
The GRANTEE shall indemnify and hold harmless the GRANTOR, its successors and
assigns, lessees thereof, and all of their agents, employees and /or representatives from and
against all claims, damages, losses, suits and actions, including attorneys' fees, arising or
resulting from the installation, construction, operation, maintenance, repair, renewal,
replacement and /or removal of said easement on, over, under and across the subject premises
unless caused by the negligence of GRANTOR, its successors, assigns, lessees thereof or their
agents, employees and /or representatives.
EXCAVATIONS. GRANTEE shall promptly back -fill any trench, ditgh or other
excavation made or dug by GRANTEE so as to restore the surface of the ground t ereover as
nearly normal as practicable to the complete satisfaction of GRANTOR.
SUBORDINATION. This Easement shall be subordinate to any future mortgage or
mortgages placed upon the premises, and upon the placement of any mortgage or mortgages
The GRANTEE's ri ereunder shall continue with the cons n that the mortgagee(s) shall
have the same intere• GRANTOR reserved herein.
EXISTING AND FI 1TURE ENCUMBRANCES. The Easement and rights hereby
granted are subject to matters of record, leases, or other easements, rights of way, and rights
heretofore granted, whether of record or otherwise. GRANTOR, its successors and assigns,
reserves the right to grant to others rights of way in proximity to, crossing or overlapping the
Easement herein granted, provided that the same shall not materially interfere with
GRANTEE's rights granted herein.
ASSIGNMENT. This Easement may not be assigned unless written consent is obtained
from GRANTOR.
REVERTER. Upon termination of this Easement by GRANTEE the easement shall
revert to Grantor as though the same had never been granted. Upon termination of this
easement by GRANTEE GRANTOR may, at its sole option, prepare and execute an affidavit
and file the same in the Hamilton County, Indiana Recorder's Office, setting forth the details
of the termination pursuant to the provisions of this easement, and therefore this easement shall
be canceled of record and the cloud on the title of GRANTOR removed.
The grants, covenants, and stipulations hereof shall extend to and be binding upon the
respective heirs, successors, and assigns of the parties.
GRANTOR covenants and certifies that they are the sole owners of the above described
real estate and that they have the right, title, and capacity to grant the easement granted herein.
IN WITNESS WHEREOF, GRANTOR has hereunto set it(s) hand(s) this 1 day
of
_,IN
zin 19
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HAZEL E. FOSTER
STATE OF INDIANA
SS
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
Hazel E. Foster
who acknowledged the execution of the foregoing
Utility Easement and who, having been duly sworn, stated that any representations therein
contained are true.
40,
19 y tness my hand and Notarial Seal this day o 1
a Notary ubiic
ly Resident of 0 4 A.
ounty
My commission expires: P f 7 q
Prepared under supervision of Gordon G. Byers, Attorney at Law, 136 S. 9th St., Noblesville,
IN 46060. All descriptions prepared by Jones Henry Engineers, Inc., 2420 Coliseum Blvd.
N., Suite 214, Fort Wayne, IN 46805.
405003
08/12/94 945
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EXHIBIT "A"
LAND DESCRIPTION
25 FOOT PERMANENT EASEMENT
A permanent easement across a strip of land being, a part of the South Half of
Section 22, Township 18 North, Range 4 East of the Second Principal Meridian,
Hamilton County, Indiana, also part of a tract of land conveyed to Hazel Foster
as recorded in Deed Instrument 3275 in the office of the recorder of Hamilton
County, Indiana, more particularly described as follows:
Commencing from the Northeast corner of the Southeast Quarter of said Section 22;
thence South 89 degrees 30 minutes 17 seconds West (assumed bearing) along the
North line of said Southeast Quarter a distance of 2458.07 feet to the POINT OF
BEGINNING; thence continuing South 89 degrees 30 minutes 17 seconds West along
the North line of the South Half of said Section 22, 596.11 feet; thence South
03 degrees 59 minutes 50 seconds East a distance of 554.69 feet; thence South
15 degrees 08 minutes 16 seconds East a distance of 64.06 feet; thence South
04 degrees 25 minutes 46 seconds East a distance of 321.54 feet; thence South
21 degrees 15 minutes 05 seconds East a distance of 87.62 feet; thence South
88 degrees 11 minutes 58 seconds West a distance of 917.22 feet; thence North
85 degrees 36 minutes 24 seconds West a distance of 89.92 feet; thence North
64 degrees 46 minutes 09 seconds West a distance of 116.94 feet to the center-
line of Cherry Tree Road; thence South 44 degrees 23 minutes 08 seconds West
along said centerline a distance of 26.47 feet; thence South 64 degrees 46
minutes 09 seconds East a distance of 130.22 feet; thence South 85 degrees 36
minutes 24 seconds East a distance of 95.87 feet; thence North 88 degrees 11
minutes 58 seconds East a distance of 927.40 feet; thence South 21 degrees 15
minutes 05 seconds East a distance of 170.97 feet; thence South 20 degrees 38
minutes 55 seconds East a distance of 420.33 feet; thence North 89 degrees 40
minutes 25 seconds East along a line parallel with the South line of said Section
22 a distance of 25.78 feet; thence North 20 degrees 38 minutes 55 seconds West
a distance of 507.43 feet; thence North 21 degrees 15 minutes 05 seconds West a
distance of 203.55 feet; thence North 04 degrees 25 minutes 46 seconds West a
distance of 320.19 feet; thence North 15 degrees 08 minutes 16 seconds West a
distance of 63.97 feet; thence North 03 degrees 59 minutes 50 seconds West a
distance of 525.68 feet to a point that is 25.00 feet South of the North line
of the South Half of Section 22; thence North 89 degrees 30 minutes 17 seconds
East parallel to said North line a distance of 569.54 feet; thence North 00
degrees 29 minutes 43 seconds West a distance of 25.00 feet to the POINT OF
BEGINNING. Containing 1.90 Acres, more less.
CARMELTARCEL9.ESM
PARCEL 9