HomeMy WebLinkAboutGrant of Easement/City of Carmel to PSI Energy, Inc/Parcel 7(-)a.),,c.J
GRANT OF EASEMENT
In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA, by and through its BOARD OF PUBLIC WORKS AND SAFETY (hereinafter
referred to as "Grantor "), hereby grant(s) unto PSI ENERGY, INC., an Indiana corporation, and its successors and assigns
(hereinafter referred to as "Grantee "), a perpetual, non - exclusive easement to construct, reconstruct, operate, patrol, maintain, repair,
replace, relocate, add to, modify and remove, electric and/or telecommunication line or lines including but not limited to, all necessary
and convenient supporting structures, conduits, wires, cables, manholes, pullboxes, grounding systems, counterpoises, and all other
appurtenances, fixtures and equipment (hereinafter referred to as the "Facilities "), for the underground transmission and distribution of
electrical energy, and for technological purposes (including but not limited to telecommunications), in, upon, over, along, under,
through and across the following described real estate situated in Hamilton County, Indiana (hereinafter referred to as the "Easement
Area "):
A strip of land ten (10) feet in width as shown on the attached Exhibit "A" and more particularly
described on the attached Exhibit `B ".
Said strip of land is located in the land of Grantor that is situated in the Southeast Quarter of Section 36,
Township 18 North, Range 3 East, and described in Instrument No. 9909923663 in the Office of the
Recorder of Hamilton County, Indiana (hereinafter referred to as "Grantor's Property").
This easement grant shall include, but not be limited to, the following respective rights and duties of Grantor and Grantee:
1. Grantee shall have the right of ingress and egress over the Easement Area, and over the adjoining land of Grantor's
Property (using lanes, driveways, and adjoining public roads where practical as determined by Grantee).
2. Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs, overhanging
branches, and/or other vegetation upon or over the Easement Area. Grantee shall also have the right to cut down, clear, trim, remove,
and otherwise control any trees, shrubs, overhanging branches, and/or other vegetation which are adjacent to the Easement Area but
only to the extent such vegetation may endanger, as reasonably determined by Grantee, the safe or reliable operation of the Facilities,
or where, such vegetation is trimmed consistent with generally accepted arboricultural practices.
3. Grantee shall have the right to allow third parties to trench equipment in with Grantee's Facilities, and any such equipment
shall include but not be limited to, wires, cables, and other fixtures; provided, that Grantor shall pursue any claim with the third party
For Grantee's Internal Use:
Parcel No.: #4 /Line No.: #838.60 Carmel Homeplace Sub #430 to Carmel Sub. #425 [Carmel Redevelopment Relocation]
County: Hamilton/Township:Clay
Project #504C5813
Form: EMH/% 5 Exec. /Rec.:
Dwg Ref: 9 r%_,o6-
Prepared Date: 9/25/05
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and not Grantee, if any such claim arises out of said third party's equipment.
4. To the best of Grantor's knowledge, the Easement Area and the adjoining land of Grantor's Property, have never been
used to release, discharge, generate or store any toxic, hazardous, corrosive, radioactive or otherwise harmful substance or material.
5. Grantor shall not place, or permit the placement of, any obstructions, which may interfere with the exercise of the rights
granted herein to Grantee. Grantee shall have the right to remove any such obstruction.
6. Grantee shall have the right to pile dirt and other material and to operate equipment upon the surface of the Easement Area
and the adjoining land of Grantor's Property, m the exercise of the rights granted herein to Grantee.
7. Excluding (a) the removal of vegetation and obstructions as provided herein; (b) any damage to pavement upon the
adjoining Grantor's Property or, as may be permitted by Grantee, upon the Easement Area, either of which is caused by Grantee in the
course of exercising its rights of ingress and egress over, to and from the Easement Area as provided herein; or (c) any damage to
landscaping upon or a use of the Easement Area by Grantor to which Grantee may give prior written consent to Grantor as provided
herein, any physical damage to the surface area of the Easement Area and the adjoining land of Grantor's Property resulting from the
exercise of the rights granted herein to Grantee, shall be promptly paid by Grantee, or repaired or restored by Grantee to a condition
which is reasonably close to the condition it was in prior to the damage, all to the extent such damage is caused by Grantee or its
contractors or employees. In the event that Grantee does not, in the opinion of Grantor, satisfactorily repair any damage, Grantor must,
within ninety (90) days after such damage occurs, file a claim for such damage with Grantee at (a) enter address: 1000 E. Main St.,
Plainfield, IN 46168, Attn: Right of Way Services, or (b) by contacting an authorized Right of Way Services representative of
Grantee.
8. Grantor shall have the right to use the Easement Area and the adjoining land of Grantor's Property in any manner which is
consistent with the rights granted herein to Grantee, and shall comply with all applicable codes when making use of the land near the
Facilities.
9. Notwithstanding anything to the contrary contained herein, Grantor shall not without the prior written consent of Grantee
(a) construct or install, or permit the construction or installation of any building, house, or other above -ground structure, or portion
thereof, upon the Easement Area; or (b) excavate or place, or permit the excavation or placement of any dirt or other material upon or
below the Easement Area; or (c) cause, by excavation or placement of material, either on or off the Easement Area, a pond, lake, or
similar containment vehicle that would result in the retention of water in any manner within the Easement Area; or (d) install any
landscaping upon the Easement Area; or (e) perform any form of construction or excavation upon the Easement Area.
10. Grantor warrants that it has the necessary authority and title to Grantor's Property to grant this easement to Grantee, and
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shall defend and hold Grantee harmless from the claim of any third party that Grantor does not have such authority or title.
11. The respective rights and duties herein of Grantor and Grantee shall inure to the benefit of, and shall be binding upon the
respective successors, assigns, heirs, personal representatives, lessees, licensees, and/or tenants of Grantor and Grantee. Easement,
Grantor and Grantee, as used herein, shall be deemed to be plural, when required to be so. The exercise of any or all of the rights and
privileges of Grantee set forth herein, shall be at the sole discretion of Grantee.
[Signature page follows.]
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IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s),
effective the _ day of , 2005.
CITY OF CARMEL, INDIANA,
by and through its BOARD OF PUBLIC WORKS AND SAFETY
Grantor
By: By:
Printed Name: Printed Name:
Printed Title: Printed Title:
STATE OF
COUNTY OF
)
) SS:
)
Personally appeared before me this day , (a) duly
authorized representative(s) of Grantor and acknowledged the signing of this Grant of Easement by to be a voluntary act and
deed for and on behalf of Grantor, and having been duly sworn/affirmed, state(s) that any representations contained therein are true to
the best of personal knowledge.
WITNESS my hand and notarial seal, this day of , 2005.
My Commission Expires: Signed Name:
My County of Residence: Printed Name:
This Instrument Prepared by John B. Scheidler, Attorney -at -Law.
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EXHIBIT "A"
NE Corner NE 1/4
Section 36, T -18 -N, R -3 -E
S 89°12' 13" W
N 77 °00' 22" E 60.03'
North Line NE 1/4
10.23' Section 36. T -18 -N, R -3 -E
M
o
Z
S 77°00' 22" w
89.50'
S 8°08' 50" w
E
48.03'
N 89°57' or W 395.14'
P.O.B. N 87•41' 16" W
95.39'
0.010 k. sr 3r 23"
S 0 °5r 54" E 1.3.19
42.47' City of Carmel
L - 53.15' Boord 01 Public Works and Sotety
3.549 Acre Tract
S 89 °08' 06" w R • 620.00' Instrument No. 9909923663
10.00' Chord Brg. • S 79°27'43" W
Chord Length • 53.13'
-C}
Scale: 1" =100'
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CINERGY EASEMENT
AMERICAN CONSULTING, INC.
Architects 7260 SHADELAND STATION
Consultants INDIANAPOLIS, IN 46256
Engineers (317) 547 -5580 FAX: (317) 543 -0270
Cobynght (C) 1966 -2005 by Amencon Consulting. Inc.
DATE: 07/19/05
SHEET NO.
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DRAWN BY= MLB
JOB NO. 05-172
EXHIBIT 11B"
CINERGY EASEMENT
A port of the Northeast Quarter of Section 36, Township 18 North, Ronge 3 Eost.
Hamilton County, Indiana, described os follows: Commencing of the northeast corner of
said Northeost Quarter; thence South 89 degrees 12 minutes 13 seconds West (basis of
beorings is a Co— Conservotor's Deed recorded as Instrument No. 9909923663 in the
Office of the Recorder of Hamilton County, Indiono) 60.03 leet along the north line of
said Northeast Quarter to o northwest corner of the 3.549 acre tract described in said Co-
Conservotor's Deed; thence the following six (6) courses along the western and northern
lines of said 3.549 ocre tract: (1) South 8 degrees 08 minutes 50 seconds West 48.03
teet; (2) thence South 2 degrees 31 minutes 23 seconds East 13.19 teet; (3) thence North
89 degrees 57 minutes 01 second West 395.14 teet; (4) thence North 87 degrees 41
minutes 16 seconds West 95.39 feet; (5) thence Southwesterly 53.15 feet along on arc to
the left having o radius of 620.00 feet and subtended by o long chord having o bearing of
South 79 degrees 27 minutes 43 seconds West and a length of 53.13 feet; (6) thence
South 77 degrees 00 minutes 22 seconds West 89.50 Ieet to o point 10.00 feet east by
perpendicular measure from the west line of said 3.549 ocre troct and the Point of
Beginning of this descnption; thence South 0 degrees 51 minutes 54 seconds Eost
poroltel with said west line 42.47 Ieet; thence South 89 degrees 08 minutes 06 seconds
West 10.00 feet to said west line; thence North 0 degrees 51 minutes 54 seconds West
along said west line 40.32 teet to o northwest corner of said 3.549 ocre tract; thence
North 77 degrees 00 minutes 22 seconds Cost otong the northern line of said tract 10.23
leet to the point 01 beginning. contoining 0.010 acres, more or less.
CINERGY EASEMENT
AMERICAN CONSULTING, INC.
Architects 7260 SHADELAND STATION
Consakwtts INDIANAPOLIS, IN 46256
Engineers (317) 547 -5580 FAX: (317) 543 -0270
Copyright (C) 1966-2005 by American Consulting, Inc.
DATE 07/19/05
DRAWN BY M1-0
JOB N0. 05 -172
SHEET NO.
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