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Home My WebLink About5776 Meadowlark Place - Minnick, David/Anne A 1ny i1'rumknt 200300076000 Cross- Reference: J \C1 Instrument No. 200200033495. 11 APPROVED AS TO FORM ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT THIS ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT (the "Assignment is entered into this /741 day of February, 2003 (the "Effective Date by and among DAVID MINNICK and ANNE MINNICK, husband and wife "Minnick STEPHEN W. DELAPLANE and JACQUELINE P. DELAPLANE, husband and wife "Delaplane and THE CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY "Carmel W•TNESSETH: A. WHEREAS, Minnick and Delaplane entered into a certain Sanitary Sewer Easement Agreement dated March 29, 2002 and recorded on May 6, 2002 in the Hamilton County Recorder's Office as Instrument No. 200200033495 (the "Easement whereby Minnick granted Delaplane an easement to construct and maintain a sanitary sewer pipeline under a portion of Minnick's property located in Hamilton County, Indiana and more specifically described in the Easement attached hereto as Exhibit A and incorporated herein by reference; and B. WHEREAS, in accordance with the terms of the Easement, Delaplane has a right to transfer and assign all of Delaplane's rights, duties and obligations under the Easement to Carmel; and C. WHEREAS, Delaplane desires to transfer and assign to Carmel all of its rights, duties and obligations under the Easement; and D. WHEREAS, Carmel desires to assume all of Delaplane's rights, duties and obligations under the Easement arising or occurring from and after the Effective Date of this Assignment in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein and each act performed hereunder by the parties, the parties hereby agree as follows: 1. Assignment and Consent. Pursuant to the provisions of the Easement, Delaplane hereby assigns to Carmel all rights, duties and obligations in, to and under the Easement. Carmel hereby accepts such assignment of the Easement and agrees that it shall have and be subject to all rights, duties and obligations accruing thereunder from and after the Effective Date of this Assignment. By execution of this Assignment; and as required by Section 12 of the Easement, Minnick acknowledges and consents to Delaplane's transfer and assignment of the rights, duties and obligations in, to and under the Easement to Carmel. 2003000760000 Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 49690 08 -01-22003 At 08:07 am. EASEMENTS 54.00 2. Indemnification. Carmel hereby indemnifies and saves harmless Delaplane from and against all claims, losses, costs, liabilities, damages and expenses, including specifically (but without limitation) reasonable attorneys' fees and costs of court, which Delaplane may suffer or incur by reason of any act or cause of action arising under the Easement occurring after the Effective Date. Delaplane hereby indemnifies and saves harmless Carmel from and against all claims, losses, costs, liabilities, damages and expenses, including specifically (but without limitation) reasonable attorneys' fees and costs of court, which Carmel may suffer or incur by reason of any act or cause of action arising under the Easement and occurring prior to or on the Effective Date. 3. Notices. The Easement is hereby amended to include the following notice addresses for Carmel and its counsel: To Carmel: City of Carmel One Civic Square Carmel, IN 46032 Attn: Director of Utilities With a copy to: City of Carmel One Civic Square Carmel, IN 46032 Attn: City Attorney 3. Representations and Warranties. Delaplane and Minnick hereby represent and warrant to Carmel as follows: (a) The Easement is in full force and effect, has not been amended, neither party is in default thereunder and no events have occurred which, with the giving of notice or the passage of time or both, would constitute a default thereunder. (b) The representations and warranties hereunder shall survive the assignment of the Easement to Carmel. 4. Benefitted Parties. This Assignment shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of Indiana. 6. Authority. Each party hereby represents that it has full power and authority to execute, deliver and perform its obligations hereunder. [SIGNATURES ON FOLLOWING PAGE] 49690 [4 IN WITNESS WHEREOF, this Assignment of Sanitary Sewer Easement Agreement has been executed by the parties hereto as of the date first above written. 40 AL,1■■■_■_ Stephen W. Delaplane Dav'd Minn I, AA Jacqu-1lne P. Delaplane Anne Minnick 11 "DELAPLANE" "MINNICK" STATE OF INDIANA SS: COUNTY OF HO I)0N Before me, a Notary Public in and for said County and State, personally appeared Stephen W. Delaplane and Jacqueline P. Delaplane, who, having been duly sworn acknowledged the execution of the foregoing "ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT." '3 Witness my hand and Notarial Seal this 741, day of r /1; e y 200X. 1 My Commission Expires: 05/a9/OO`6 Notary Public My County of Residence: J( h, Krifr 1/4#41;/10e) (Printed Signature) M A Po 49690 STATE OF INDIANA SS: COUNTY OF NM, if oti Before me, a Notary Public in and for said County and State, personally appeared David Minnick and Anne Minnick, who, having been duly sworn acknowledged the execution of the foregoing "ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT." 3 Witness my hand and Notarial Seal this 7.141 day of Fe-y�QuR/Z,l/ 200/. My Commission Expires: `,(,A 4l' 644,6 OS/Q( 2007 Notary Public My County of Residence: 6151; G 4,4- 14Ani, I{ (Printed Signature) ,1. fi it i ..t Y:� y,..).:. .?;l 1 0 i .12 te 0 .:N\ici 49690 CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS ANDS ETY r es Brainard, Presiding Officer Date: 7 Ma y Ann '4 urke, Member Date: ,3 sil Lori Waton, Memb-. Date: Val° 3 ATTEST: f i Ffi[e low Cleat ger D iana L. Cordra TAM( Clerk- Treasurer STATE OF INDIANA SS: COUNTY OF k Aura n 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 /tnlraeA S61-11 Kirk) QoR� Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Non- Remonstration Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal thisday of 2003. N6 Ki",ARY PUBLIC .0. on y �y iJg pl tC sEAL C My Commission Expires: ;N0` to t3.2 'P ni'ecfName eounty of Residence: Date: 0 r(-0;),-02) This instrument was prepared by Tammy K. Haney, Esq., Bose McKinney Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, IN 46240