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HomeMy WebLinkAbout131st - Gray, Peter/Kathy No 2 r7oq 300 ©00o a sio2 gyp Fil ed D for l Recar�d in HAMILTON COUNTY INDIANA JENNIFER J HAYDE�N C�9- c ^c- c ^Dt74 At t71 :47 m. EASEMENTS gyp, EASEMENT AGREEMENT /►PPROVED AS TO FORM BY KNOW ALL MEN BY THESE PRESENTS that the undersigned, Peter Gray and Kathy Gray, husband and wife, and as the fee owners of certain real estate, (hereinafter collectively referred to as "Grantors for and in consideration of the sum of $2,950.00 (Two Thousand Nine Hundred and Fifty Dollars and no cents), 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" attached hereto and hereby made part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing utility lines and equipment. If he 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 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 Grantors, jointly and severally, and the Grantee, shall join in the execution and acceptance of an appropriate substitute easement instrument if either the Grantors or 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 Grantors, their successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the cascmert area. Said easement also includes the rights and privileges to temporarily use, from time to time, additional space, where available and necessary, that that is adjacent to the r__v` 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, 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 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. Grantors, their 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. Driveways, roads, bike paths, and sidewalks are permissible. 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 Grantors 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. 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 Grantors (or their successors and assigns) upon their 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 �i 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 no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. The Grantors represent and certify that they are the fee simple owners of the easement area and real estate surrounding the easement area; that Grantors guarantee 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, Grantors will warrant and defend Grantee's title to the easement granted hereby against all claims thereon. The person or persons executing this instrument on behalf of Grantors hereby represent that they have the authority to bind Grantors, jointly and individually, to the terms and conditions set forth herein. This instrument maybe executed by Grantors in separate counterparts, each of which shall constitute a duplicate original. IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance indivi? ally and a and and wife this, the �f�jday of �G(�(,� s 2004. Peter Gray Kathy y This instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Ca����el, IN 46032. STATE OF /�„i SS: COUNTY OF I f /�M, Before me, a Notary Public in and for said County and State personally appeared Peter and Kathy Gray known to me to be the individuals whose names are subscribed to the foregoing instrument and consideration therein expressed, and in the capacity therein stated. Given" °under my hand and seal of office, this da of �C�a L{ S f 2004. .a y ,J �r 9t `r'• ph +t'. .f3�. Notary Public t Printed Signature /r Commissiori�'Expiration: County of Residence: �f�� l CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND AFETY mes Brainard Presiding Officer Date: �jCS Mary Ann urke, Member Date: r Lori Watson, Me er Date: /�b��� ATTEST: Sandra 1VI. Johnsen, De uty Clerk �o� �na L. Cordray, IAMC �lerk- Treasurer STATE OF INDIANA COUNTY OF ���IY1 i f()� S S 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 �a -r��ra rr! �ohnso,�, -��ou ��s` Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of _:..a; i. Carmel, who acknowledged the execution of the foregoing Non Remonstration Agreemerbt.,;gn� behalf of the City of Carmel, Indiana. �f �'�'�r "��C�� Witness my hand and Notarial Seal this 0 day of Y. �L��'`" ry �C. -S L >ci,� a 200'4:;;. 'l.o .3 f NOTARY PUBLIC C', Ann �a�� -Xw My Commission Expires: Printed Name /�`o d' My County of Residence: ����in �'f I Date: `�3 ����0 Exhibit A A part of Deed Record No. 20000055099 to Peter J. and Kathy J Gray recorded in the Office of the Recorder of Hamilton County, Indiana which easement is more particularly described as follows: Easement Description An utility easement 20 feet in uniform width lying contiguous to and south of the north property line as shown below containing .14 acres more or less. South Right —Of— Way Line Of 131st Street 37 7.43' Parcel No. 77— 09 -30— 00— 00— 025. 702 Scole 1" -100' 0 0 0 N V >a 0 c� a_ 0