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HomeMy WebLinkAbout116th - Telamon (Chen, Margaret) ins -iru nlen-n Por 4 l L05 De 0 i Instrument Re co rd :4119 tp 35701 EASEMENT AGREEMENT KNOW A L L M E N BY THESE PRESENTS that the undersigned, R 67/34Z 7 CLk-A/ g a as the fee owner of certain real estate, and hereinafter referred to as "Grantor", for and in the consideration of the sum of Ten and 00 /100 DOLLARS ($10.00) 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 call "GRANTEE an exclusive and perpetual easement'nVC 7y feet in width over, upon, over, under and across the real estate located in Hamilton County, Indiana, described in Exhibit "A" attached hereto and hereby made a part hereof (said real estate hereinafter being referred to as the "easement area" as shown on Exhibit `B" attached hereto and made a part hereof) for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing utility lines and equipment. If the utility lines and/or equipment are installed in good faith in a location other than the location that is described and depicted in Exhibit B, then, and in that event, the easement area that is def in this instrument shall be conclusively deemed to include the strip of land that is centered on the line or equipment as installed. In such an event as the event that is described in the immediately preceding sentence, 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 to ingress and egress over, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantor, its successors and assigns, upon and within the boundaries of which the easement area is located, for purposes of access to the easement area. Said easement also includes the rights and privileges to use, temporarily, additional space where available and necessary from time to time adjacent to the easement area for equipment and materials necessary for installation, repair and maintenance of Grantee's facilities located in, undPr., upon, over, and 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 by service pipes to the lines and/or equipment installed by Grantee within the easement area provided such nearb property owners, their grantees, successors, agents, or employees, restore the portion of the Grantor's property disturbed by their work to a condition that is as near the condition that existed at the time the portion was disturbed by them as is practicable. Grantee also shall have the right from time to time to cut and remove all trees, undergrowth and 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. Grantor, its 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. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining on the easement area of any earthen mound or series or system of earthen mounds. If the surface of the easement area is disturbed by Grantee at any time and 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 Grantor 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. In no event shall Grantee have a duty to restore an area of the easement area or nearby property disturbed by nearby property owners, their grantees, successors, agents, or employees, in connecting the premises of the nearby property owners by service pipes to the lines and/or equipment installed in the easement area, and Grantee shall not be liable for any damages caused to Grantors' property as a result of such work Any work performed or caused to be performed upon and/or over or within the easem t area at any time and from time to time shall be done at such a time and in such a manner as wwll cause a minimum of interference with the business being conducted by Grantor (or its successors and assigns) upon its 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 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, 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 that 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 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 appears of public record; and that, 1 subject to the foregoing, Grantors will warrant and defend Grantee's title to the easement granted hereby against all lawful claims. The person executing this instrument on behalf of Grantor hereby represents that he /she has the authority to bind Grantor to the terms and conditions set forth herein. This instrument may be executed by Grantor in separate counterparts, each of which shall constitute a duplicate original. IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the S day of C �C- n>�3c� 199k L/ 7'1 o /J e 0k4 -lip/) a(n) A corporation By Title: JG This Instrument prepared by Debra M. Grisham, Attorney at Law, One Civic Square, Carmel, Indiana, 46032 STATE OF INDIANA o SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State personally appeared M ayo r p known to me to be the .Se.C1(ttci whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of a(n) corporation, and that he executed the same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this J day of Pee tin 4r/(i `9 n.'i; a4SL C- Welt,44Lag t Notary Public 1. As F L A -s/v)k q Printed Signature Commission Expiration: ROSE C POTASNIK NOTARY PUBLIC STATE OF INDIANA HAMILTON COUNTY P 4R1""(d'\ 30 y19 MY COMMISSION EXP. MAR. 30,1998 County of Residence: 14 i /JD h Instrument 9709751429 9709751429 Margaret Chen Filed for Record in g HAMILTON COUNTY, INDIANA MARY L CLARK E X H I B I T A On 12 -01 -1997 At 12:25 pm. EASEMENTS 16.00 PROPERTY DESCRIPTION Part of the southeast quarter of southwest quarter of section 36, township 18 north, range 3 east, Hamilton County, Indiana, and being more particularly described as follows: Beginning at a PK nail (set) on the south line of said southwest quarter section being north 89 degrees 39 minutes 19 seconds west (assumed bearing) 277.48 feet from the southeast corner of said quarter section to a point of beginning; Thence north 1 degree 12 minute 38 seconds east 472.94 feet; Thence west 390.53 feet; Thence south 0 degree 44 minutes west 470.55 feet; Thence south 89 degrees 39 minutes 19 seconds east 386.47 ft to the point of beginning and containing 4.21 acres, more or less. E X H I B I T B' EASEMENT DESCRIPTION Part of the Southeast Quarter of Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, being described as follows: Commencing at the Southeast Corner of said Southwest Quarter; thence on an assumed bearing of North 86 degrees 18 minutes 33 seconds West to a distance of 277.71 feet to a point of beginning at the east property line of the tract of land described in a deed to Margaret Chen (Instrument Number 9609635709 in the Office of the Recorder of Hamilton County, Indiana); thence along the said east property line North 1 degree 12 minutes 38 seconds East 456.74 feet; thence along the north property line West 35.57 feet; thence South 436.28 feet; thence North 89 degrees 14 minutes 1 second West 360.42 feet to a point at west property line; thence along the said west property line South 0 degree 44 minutes West 20.00 feet; thence South 89 degrees 14 minutes 1 second East 386.60 feet to the point of beginning. Containing 0.4877 acres, more or less.