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Home My WebLink AboutHamilton Western Utilities t OV IID 2002 00035596 Filed for Record in HAMILTON COUNTY, INDIANA (I) MARY L CLARK 05 -14 -2002 11:50 am. ASSIGNMENT 10. 00 ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the undersigned hereby assigns, sets over and transfers unto The City of Carmel, Indiana, all of its rights, title, obligations and interest in and to that certain utility easement "Utility Easement granted to Hamilton Western Utilities, Inc. by Thomas L. Mitchel, David P. Mitchel, and Stephen E. Mitchel as Co- Trustees under an Irrevocable Farm Trust dated December 9, 1985, such Utility Easement being dated May 10, 1987 as instrument number 8711223 and recorded on May 14, 1987 in the Office of the Recorder of Hamilton County, Indiana. The undersigned further assigns herewith all rights, title, obligations and interest in the Agreement to Furnish Utility Service dated May 10, 1987 and attached to such Utility Easement. HAMILTON WESTERN UTILITIES, INC. By Ralph t Wilfong; II, President iff STATE OF INDIANA SS: COUNTY OF HAMILTON Subscribed and sworn to before me, a notary public in and for said county and state, personally appeared Ralph L. Wilfong, II, the President of Hamilton Western Utilities, Inc. who acknowledged the execution of the foregoing Assignment, and who, having been first duly sworn, stated that the representations contained therein are true. Witness my hand and Seal this of 2002. i �l /i i ,c b. e (dig /sr totar 7.1ic My Commission Expires: County of Residence: -e7/3//e 7 e__7-04. This ids by: Christopher A. Poling (18963 -49), Attorney at Law, Kunz Opperman, P.C., 135 N. a Pennsylvania Street, Suite 1750, Indianapolis, IN 46204. ir,:: ....417.p:„.4.4,Av., .i, i :,e,.., z 200200035597 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 05 -14 -2002 11:50 am. ASSIGNMENT 10.00 ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the undersigned hereby assigns, sets over and transfers unto The City of Carmel, Indiana all of its rights, title, obligations and interest in and to that certain water line easement "Water Line Easement granted to Hamilton Western Utilities, Inc. by Marion R. Rohrer and Joann E. Rohrer, such Water Line Easement being dated April 10, 1986 and recorded as instrument number 8606348 on April 17, 1986 in Book 3 at Page 992 in the Office of the Recorder of Hamilton County, Indiana. HAMILTON WESTERN UTILITIES, INC. By ,!/)/l Ralp L. Wilfong, II, Presi. ent STATE OF INDIANA SS: COUNTY OF HAMILTON Subscribed and sworn to before me, a notary public in and for said county and state, personally appeared Ralph L. Wilfong, II, the President of Hamilton Western Utilities, Inc. who acknowledged the execution of the foregoing Assignment, and who, having been first duly sworn, stated that the representations contained therein are true. Witness my hand and Seal thi ay of 2002. R11: C/74 e f k)4/54 Not. Publ'c My Commission Expires: County of Residence: /3 1/17 t- 7®4/ t s 4 "t`prepared by Christopher A. Poling (18963 -49), Attorney at Law, Kunz Opperman, P.C., c' z� 135 N. Pennsylvania Street, Suite 1750, Indianapolis, IN 46204. 04 io `w 0, l 1 t �°{.yy TCLIC�'�'V 111 .I1)f,'N'i.ti \I:axnKntA.ciFn!xpi M1� 5 "�};ri t ,1•� n �9 .6h�: CM if 200200035598 0 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 05 -14 -2002 11:50 am. ASSIGNMENT 10. 00 ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the undersigned hereby assigns, sets over and transfers unto The City of Carmel, Indiana all of its rights, title, obligations and interest in and to that certain water line easement "Water Line Easement granted to Hamilton Western Utilities, Inc. by Brethren Conference of Indiana, such Water Line Easement being dated February 13, 1990 and recorded on April 18, 1990 as instrument number 9008679 in the Office of the Recorder of Hamilton County, Indiana. HAMILTON WESTERN UTILITIES, INC. By Zak 1 A Ralp L. Wilfong, II, Presi s ent STATE OF INDIANA SS: COUNTY OF HAMILTON Subscribed and sworn to before me, a notary public in and for said county and state, personally appeared Ralph L. Wilfong, II, the President of Hamilton Western Utilities, Inc. who acknowledged the execution of the foregoing Assignment, and who, having been first duly sworn, stated that the representations contained therein are true. Witness my hand and Seal th' ay o `977 2002. d�� 7 d7 t Gt)05,4 Not. r% Pur is My Commission Expires: County of Residence: 7/3//477 dy�>�� c 7�"i This ,:,0 t prepared by: Christopher A. Poling (18963 -49), Attorney at Law, Kunz Opperman, P.C., 135 N. Pennsylvania Street, Suite 1750, Indianapolis, IN 46204. is —3h uA., Ts "4 ,.4,,„ „5:,..„:",,„ k a P 200200035599 _c Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 05 -14 -2002 11:50 am. ASSIGNMENT 10.00 ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the undersigned hereby assigns, sets over and transfers unto The City of Carmel, Indiana all of its rights, title, obligations and interest in and to that certain utility easement "Utility Easement granted to Hamilton Western Utilities, Inc. by Frank K. Regan, such Utility Easement being dated April 4, 1989 and recorded on April 11, 1989 as instrument number 8907167 in the Office of the Recorder of Hamilton County, Indiana. HAMILTON WESTERN UTILITIES, INC. r By -t/ A t Raip' L. Wilfong, II, Pr ide I STATE OF INDIANA SS: COUNTY OF HAMILTON Subscribed and sworn to before me, a notary public in and for said county and state, personally appeared Ralph L. Wilfong, 11, the President of Hamilton Western Utilities, Inc. who acknowledged the execution of the foregoing Assignment, and who, having been first duly sworn, stated that the representations contained therein are true. Witness my hand and Seal thi a.SM -o 2002. III �crAe l 04/5 7 Notary,, ubli. My Commission Expires: County of Residence: 2( o /fdT Gi;i This instrument prepared by: Christopher A. Poling (18963 -49), Attorney at Law, Kunz Opperman, P.C., 135 N. Pennsylvania Street, Suite 1750, Indianapolis, IN 46204. 6. 1.4 E 5urtwntA.., 5 xpl 1!4. w.a j 1 c, aj.� ..'..r' 200200035600 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK, 05 -14 -2002 11:50 am. ASSIGNMENT 10.00 ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the undersigned hereby assigns, sets over and transfers unto The City of Carmel, Indiana all of its rights, title, obligations and interest in and to that certain water line easement "Water Line Easement granted to Hamilton Western Utilities, Inc. by Michael F. Johns and Angela M. Johns and contract purchaser Thomas L. Kleck, such Water Line Easement being dated March 27, 1986 and recorded as instrument number 8606347 on April 17, 1986 in Book 3 at Page 990 in the Office of the Recorder of Hamilton County, Indiana. HAMILTON WESTERN UTILITIES, INC. By% Ralp L. Wil ong, II, Pre den STATE OF INDIANA SS: COUNTY OF HAMILTON Subscribed and sworn to before me, a notary public in and for said county and state, personally appeared Ralph L. Wilfong, II, the President of Hamilton Western Utilities, Inc. who acknowledged the execution of the foregoing Assignment, and who, having been first duly sworn, stated that the representations contained therein are true. Witness my hand and Seal thi?y 2002. di/ fchifr/ WA IS�j ota 'ubl c My Commission Expires: County of Residence: This 6,, gt3 n: E,rgpared by Christopher A. Poling (18963 -49), Attorney at Law, Kunz Opperman, P.C., 135 N. Pennsylvania Street, Suite 1750, Indianapolis, IN 46204. f 14) cc;ACI f. fq I J i-91r ww r Instrument 9809830553 ASSIGNMENT OF EASEMENT THIS INDENTURE WITNESSETH, That HAMILTON WESTERN UTILITIES, INC. an Indiana corporation, (hereafter, "Grantor ASSIGNS, SETS OVER, TRANSFERS, CONVEYS AND WARRANTS to the CITY OF CARMEL, INDIANA "Grantee for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, all of Grantor's interest in and to the Utility Easement filed for record on April 27, 1998 with the Hamilton County Recorder under the Record Number 9809821673 (the "Easement located within Clay Township, Hamilton County, Indiana. Provided, however, that this instrument conveys to Grantee Grantor's rights in and to the Easement as it relates to sewer utility service only, and this instrument shall not convey any easement rights for water service. Any such rights and interest for water service shall be reserved unto Grantor. Subject to the limitations of Paragraph 5.5.d. of the Purchase Agreement as amended by the Addendum to Purchase Agreement and Amendment to Wastewater Service Agreement, Grantor warrants and represents to Grantee that Grantor has good and marketable easement rights in the Easement free and clear of all liens, claims and encumbrances except real estate taxes which are not yet due and payable. The undersigned person executing this instrument on behalf of Grantor represents and certifies that such person is a duly elected officer of Grantor and has been fully empowered, by proper resolution of the Board of Directors of Grantor, to execute and deliver this instrument; that Grantor, has full corporate capacity to assign and convey the easements described herein; and that all necessary corporate action for the making of such assignment has been taken and done. 9809830553 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 06 -08 -1998 At 12:35 pm. ASSIGNMENT 12.00 TNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the47 day of 1998. HAMILTON WESTERN UTILITIES, INC., an Indiana c oration By: t/i/M STATE OF INDIANA SS: COUNTY OF HAMILTON J f f Before me, a Notary Public in and for said County and State, personally appeared de n the X e- r u .P. of HAMILTON WESTERN UTILITIES, INC., an Indiana corporation, who acknowledged execution of the foregoing Assignment of Easements and Conveyance of Sewer Facilities for and on behalf of said corporation, and who, having been duly sworn stated that the representations therein con`ainerl are true. -Witness my'Iand and Notarial Seal this 26TH day of MAY 1998. Notary Public Residing in HAMILTONlounty, Indiana WANnA MORAN (printed name) My Commission Expires: JUNE 21, 1999 This instrument prepared by Nicholas K. Kile, Attorney -at -Law Barnes Thornburg 11 South Meridian Street, Indianapolis, Indiana 46204 -2- BARNES &THORNBURG 1313 Merchants Bank Building 11 South Meridian Street Indianapolis, Indiana 46204 (317) 638-1313 Nicholas K. Kile Fax (317) 231 -7433 (317) 231 -7768 (317) 696 -9153 Mobile June 16, 1998 Diana L. Cordray Clerk/Treasurer City of Carmel One Civic Square Carmel, IN 46032 Dear Diana: Enclosed please find the last assigment of easement with respect to the acquisition of the Hamilton Western Sewer Utilities. You will note that this has been filed for record in the Hamilton County Recorder's Office. If you should have any questions, please do not hesitate to ask. Sincerely, Ni olas K. Kile NKK/cbw Enclosure cc: Douglas C. Haney (w /enc.) City Attorney John Duffy (w /o enc.) Utility Manager INDSOI NKK 263856 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C.