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HomeMy WebLinkAboutGray - PSI Energy 0 REVIEWED BY HAMILTON COUNTY AUDITOR'S OFFICE i day of 199a l CM 55 Prior Deed Reference: Deed Book 293 Pate 46, fJ" I?) W? 06 E Instrument EASEMENT AGREEMENT 199909970167 X" 1 14C°-(- THIS INDENTURE WITNESSETH, that PSI Energy, Inc. (formerly named Public Service Company of Indiana, Inc.) (hereinafter "Grantor hereby grants and conveys to the City of Carmel, Indiana, its successors and assigns (hereinafter "Grantee in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a perpetual easement "Easement that shall run with the land and which shall be limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and remove a public sidewalk or other public right of way through, upon, over, along, under and across the following described real estate: See Exhibits "A" and "B" attached hereto and made a part hereof by this reference; together with the right to do all other lawful acts and things not inconsistent herewith and requisite or necessary for the full enjoyment of the Easement; provided, however, any public sidewalk or other public walkway shall not cross Grantor's access driveway as shown on said Exhibit "B and shall not be located closer than eight (8) feet to either side of said driveway. The Grantor expressly reserves all right, title and interest in and to the real estate described and not specifically granted to Grantee. It is understood that all the provisions of this Agreement are stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana. This Agreement is made subject to all prior easements, agreements, restrictions and rights- of-way of record and is not subject to the Indiana Corporate Income Tax. [eb: nsvord:\\docs\stwed\cparks \1999 sidewalk conanidee\psigmdofeascmentdoc: 10 /29/991 1 \_1 IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this 3rd day of November 1999. "GRANTOR" PSI Energy, Inc. (Formerly named Public Service Company of Indiana, Inc.) By: &&2t, C (Authorized Signature) Ellen M. Hubbard Title: Senior Real Estate Right of Way Specialist STATE OF INDIANA 199909970187 Filed for Record in SS: HAMILTON COUNTY, INDIANA CLARK COUNTY OF HENDRIX MARY L On 1 ^e -06 -1996-199 9 At 03e 26 pm. EASEMENTS 18.00 Before me, a Notary Public in and for said County and State, personally appeared Ellen M. Hubbard, Senior teal Estate Right of Way of PSI Energy, Inc. Specialist (formerly named Public Service Company of Indiana, Inc.) "Grantor who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" as his /her voluntary act and deed. Witness my hand and Notarial Seal this 3rd day of NovemhPr ,:.1:99:9`. 4 1 &66,___ 05;$ NOTARY PUBLIC 'tg`V; My Commission Expires: 'f Rebecka A. Cdatfreiy...' 01/22/07 Printed Name My County of Residence: Heh i i'ck This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. ]e6.n sword \dots \shared\cpaks \1999 sidewalk connate psigartofeasemmldoc:10 /29/99] 2 ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set forth; and WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the County of Hamilton, State of Indiana. "GRANTEE" CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer RI A a'1. tv--k--- Mary n Burke, Member Date 1/ 7 qty' Bill alker, Member Date: •'/7 -9A ATTES I 'c i °S r ".i 4 t* fi ,d '�/x...; 4,. e D i a n: 3 1 t 3 k r easurer ct's D a y v l .1 f 1 t` ='t This:imstrument- preparedkhy Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indianafi N [eb:nuwocd:\\docsldurcdupmks 1999 sidewalk committeetpsignntofeaza wnt.doc: 10 /29/99] 3 _:,s1 t EXHIBIT "A" PUBLFC SERVICE COMPANY OF INDIANA, INC. TO CITY OF CARMEL, INDIANA LEGAL DESCRIPTION For the purpose of construction, a Permanent Easement in width situated as generally shown on the attached drawing Exhibit "B" and contiguous to the east right -of -way of Grey Road, all of which can be found in Deed Book Number 293 Page Number 468 in the Office of the Recorder, Hamilton County, Indiana, which is more fully described as follows: A part of the West Half (W 1/2) of the Northwest Quarter (NW' /4) of Section 4, Township 17 North, Range 4 East, more particularly described as follows: Beginning at a point in the West line of said Half- Quarter Section one thousand five hundred ninety and fifty hundredths (1,590.50) feet South of the Northwest corner of said Half- Quarter Section; thence South seventy five (75) feet along the west line of said Half- Quarter Section; thence Easterly three hundred thirty (330) feet to an old iron pipe; thence West three hundred thirty (330) feet to a point on the west line of Said Half- Quarter Section, the point of beginning; Thence North seventy five (75) feet along the west line of said half quarter section; thence easterly forty one and fifty hundredths (41.50) feet to a point along the northern most property line described in the Pubic Service Company of Indiana, Inc. deed, book 293 page 468; thence south seventy five (75) feet to a point on the east -west running property line described in said deed, book 293 page 468; thence West forty one and fifty hundredths (41.50) feet to said point of beginning, containing 2972 square feet, more or less. -3- EXHIBIT 71 B" n_ E. z 0 0 0 0 0 n n PUBLIC SERVICE OF INDIANA, INC I RAILROAD __,00_ TIEI I r. fto z 1' x J 0 P o 0 PERMANE EASEMENT tr) 4114 CV X -X X -X 75 SOU EXISTING pI l SIDEWALK el (4 APP R W :�1 l` .1 .....111 I 14 rr :4-. ,1,11,11.1..,. GRAY ROAD la. WEST LINE OF HALF- OUATER SEC ION 75' NORTH �POB J i 1 PWP 0