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Monon Trail/Mohawk Shopping Center - PSI Easements200600009067 filed for Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 02-23-2006 At 02:17 Pm. EASEMENTS 26.00 GRANT OF EASEMENT 9q d R 9 In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CARMEL CIVIC SQUARE BUILDING CORPORATION, an Indiana not -for profit corporation, (hereinafter referred to as "Grantor"), hereby grants 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 andlor telecommunication line or lines including but not limited to, all necessary and convenient supporting structures (such as poles), underground ducts, conduits, wires, cables, manholes, pullboxes, guy wires with anchors, grounding systems, counterpoises, and all other appurtenances, fixtures and equipment (hereinafter referred to as the "Facilities"), for the transmission and distribution of electrical energy, and for technological purposes (including but not limited to telecommunications), both overhead and underground, 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 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 Northeast Quarter of Section 36, Township 18 North, Range 3 East, and described in Instrument No. 8609225 and Instrument No. 8827425 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 attach equipment to, and to trench equipment in with, Grantee's S i RA ;SACT H N .XgMPT UIP,17,1.1ENTS OF 3 C 6- 1. 1- For Grantee's Internal Use: Parcel No.: #8/Line No.:11838.60 Carmel nameplate Sub #430 to Carmel Sub. #425 [Carmel Redevelopment Relocation] County: Hamilton/Township:Clay Project #504C5813 Form: EMH.LY6 ,S Exec./Rec.: Dwg Rel: 9-4 e/-0,.5-- Prepared 1-D.$JPrepared Date: 9/26/05 L` 1 -h. 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 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 Arca 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, in 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; (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; or (d) any damage to an existing five (5) foot fire station canopy extension authorized 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 nuking use of the land near the Facilities. 9. Notwithstanding anything to the contrary contained herein but excluding an existing five (5) foot fire station canopy extension which is hereby authorized but only in its existing location upon the Easement Area, 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 2 Easement Area. 10. Grantor warrants that it has the necessary authority and title to Grantor's Property to grant this easement to Grantee, and 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 requited 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. .. 12. By executing this Grant of Easement the City of Carmel, Indiana, hereby acknowledges and agrees that its (a) easement for sewer line and incidental purposes recorded October 5, 1979 in Decd Record 315, Pane 739 in the Office of the Recorder of Hamilton County, Indiana, and (b) leasehold interests as recorded in Miscellaneous Record 187, Pane 359i instrument No. 93- 64320• Instrument No. 88-27427; and Instrument No. 94-00659 all as recorded in the same Recorder's Office, shall be subordinate, subject and junior to this Grant of Easement. 13. By executing this Grant of Easement U.S. Bank National Association, hereby acknowledges and agrees that its Trust Indenture dated September 1, 2004 and recorded October 21, 2004 as Instrument No. 2004-00072918 in the Office of the Recorder of Hamilton County, Indiana, shall be subordinate, subject and junior to this Grant of Easement. [Signature pages follow.] 3 IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the '✓- day of D, c e M b v , 2005. y • CARMEL CIVIC SQUARE BUILDING CORPORATION, an Indiana not-for-profit corporat;.n *1)14 By: ntor Printed Name: MAUTZ! e_ 45. Le©(/ 1_105C,Prin Printed Title: V ( S.1-- P &5 STATE OF ,tiG,r1G- COUNTY OF t-Lz ri 1+0 ) SS: Printed Title: cHHsJf o/' �N G li / kkr i t t o k LeAC r I 3bit.n l-tL>{ Ccittn Personally appeared before me this day ✓ HDf�G�(t;� \ �Z.C-Zrs�.�Z"l�� , (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 V4Y personal knowledge. WITNESS my hand and notarial seal, this day of112 oaf,. b n, 2005. My Conmiission Expires:�t i Z2_0"0g l My County of Residence: [-f(;i(tM.1.:-6ro— Signed Name: Printed Name: 4 tat. v-), MCcJtc IN WITNESS WHEREOF, the City of Carmel, Indiana has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the -7 day of C4 Y+ttf?Z✓, 2005. CITY OF CARMEL, INDIANA Printed Title: STATE OF 1 n i a - COUNTY OrHE3n, 1' ) SS: Printed Nam- Printed Title: L:e-re340R-r Personally appeared before me this day <W.3 t (1.61 -ti, c Ll 0bn & et ) 1 zyt vV 615 , (a) duly authorized representative(s) of the City Of Carmel, Indiana and acknowldged the /signing of this Grant of Easement by to be a voluntary act and deed for and on behalf of the City of Carmel, Indiana, and having been duly sworn/affirmed, state(s) that any representations contained therein are true to the best of personal knowledrge�. WITNESS my hand and notarial seal, this —I day of c CO1 iLL�ir, , 2005. My Commission Expires: AMS (0,15- Signed Name: My County of Resident Printed Name: «» Return to: Sandra Johnson City of Carmel — Clerk Treasurer's Office One Civic Square Carmel, IN 46032 5 VECTREN November 30, 2005 Ellen M. Hubbard PSI Energy, Inc. 1000 E. Main Street Plainfield, IN 46168 ACKNOWLEDGMENT LETTER Re: Use of Vectren Energy Delivery of Indiana, Inc. Easement Area Dear Ellen: This letter will confirm our telephone conversations wherein the following agreement was reached with respect to your use of a Vectren Energy Delivery of Indiana, Inc. Easement Area located at Mohawk Shopping Center in Carmel, Indiana, being a part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana. Vectren Energy Delivery of Indiana, Inc. is the owner of an easement on this real estate which is 15 feet in width and is more particularly described in Book 314, Page 32 in the Office of the Recorder of Hamilton County, Indiana. Vectren Energy Delivery of Indiana, Inc. has constructed and now operates and maintains an underground gas line within this easement. 1. Vectren Energy Delivery of Indiana, Inc. will not oppose PSI Energy's use of the Vectren Energy Delivery of Indiana, Inc. easement area in the following manner ("the Encroachment"): A 20' overhead and underground electric line easement overlapping said gas line easement. No electrical facilities will be placed within the Vectren Easement Area. Poles will be placed upon the adjoining property owner, City of Carmel Redevelopment Commission. 2. You will not increase die physical size of the Encroachment or make any other use of the Vectren Energy Delivery of Indiana, Inc. easement area without the prior written consent of Vectren Energy Delivery of Indiana, Inc. 3. Since Vectren Energy Delivery of Indiana, Inc. may not be the only person with the right to review and approve your use of the land where the Vectren Energy Delivery of Indiana, Inc. easement area is located, you are hereby put on notice that before proceeding with your use of the easement arca, you shall be responsible to obtain the review and approval of your use from any such third person which niay include, by way of illustration and not by limitation, the property owner or a governmental authority. This Acknowledgment Letter contains the entire understanding between Vectren Energy Delivery of Indiana, Inc: and PSI, Energy, Inc. with respect to PSI's right to overlap said easement. This Acknowledgment Letter may only be modified by a written document signed by Vectren Energy Delivery of Indiana, Inc. and PSI Energy, Inc. Sincerely, R laid R. Bar er, S A Right of Way Agent Vectren Energy Delivery of Indiana, Inc. ACCEPTED AND AGREED TO this / day of PSI Energy, Inc. By: r�'42 tez[a. Ellen M. Hubbard Sr. Real Estate & Right of Way Specialist 2 , 2005 1 nit 'Iv. Olt J I 1 CYCU r, 10 IN WITNESS WIIEIIEOF, U,S, Bank National Association has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the 74i, day of illuxonnbef. , 2005. By: PrintedNamc:1- Printed Title: V/ e_ US. BANK NATIONAL ASSOCIATION By: l ! ai.J Printed Name: 'i• G,u r c S(.-�% Printed Title: V I C STATE OF d;Ctrw ) nA )SS: cowry OF NkArinn ) ^,/^1 Personally appeared before me this day Ann 1' ` , FOrgy) 1, Cc + r r ,s(ad' , (a) duly authorized representative(s) of U.S. Bank National Assoaation and acknowledged the signing of this Grant of Easement by to bt a voluntary act and decd for and on behalf of U.S. Bank national Association, and having been duly swom/affumed, state(s) that any representations contained therein arc tote to the bast of personal knowledge WITNESS my hared and notarial seal, this ` h day of Nitiinbox- , 2005. My Commission Expires: A 50"-1alYi{ �.�Ji21r-1 Signed Name: p My County of Residence: 1Atny1 ,. oPrinted Name: ��En.• i10I1:6 /DVL /71/2 This This Instrument Prepared by John B. Scheidler, Attorney -at -Law. 6 11 1 N 89.27' 30" E 10.00' 0 0 0 z 0 0 0 S 53' 08' 35" E 147.30' N 89.56' 03" E 177.87' // 0.430 At. //////// /o��P.0.8. Section 36, T -18-N, R -3-E 5 0'04' 15' W 50.00' NE Corner NE 1/4 Section 36, T-18-1.4, R -3-E-7 Scale: 1 =100' East Line NE 1/4 14 3 5 89'56' 03" W 178.90' L3 53'08' 35" W L 138.24' 11 N 0' 04' 15" E 75.92' 5 89'28' 00" W 386.68' The Carmel Cn¢ Square BuAActing Corporation Instrument No. 8609225 11 S 18'23' 41" W '18.34' L2 N 77'36' t6" W 73.00' 13 N 18'23' 44" E 15.00' L4 S 89.56' 03" W 5.00' CINERGY EASEMENT AMERICAN CONSULTING, INC. Arvkatt 7280 SHADELAND STATION Consultants INDIANAPOLIS, IN 46256 Er,gksecr (3171 547-5580 FAX: (317) 543-0270 Copyr.il (0 1966-2005 by American Consulting. F.C. DATE' 07/05/05 SHEET NO. I of 2 DRAWN 6r= NLO JOB NO. 05-172 EXHIBIT "13" CINERCT EASEMENT A part of the Northeast Ouorter of Seclion 35, Tewnshp 18 North, Ronge 3 East, Hamilton County. Indiana, described as follows: Commencing of the northeast corner of said Northeast Quarter; thence South 00 degrees 00 minutes CO seconds lost (bona of bearings is o Warronty Deed recorded os Instrument No. 8609225 h the Office of the Recorder of Hamilton County. Indiana) 1588.00 feet Dong the east fine at said Northeast Quarter to o northeast corner of Troct 4 described in soil Warranty Deed; thence South 89 degrees 28 minutes 00 seconds West bang a north line of said Troct 386.68 foot to c corner a said Tract; thence North 00 degrees 04 minutes 15 seconds East olong on east fine ut said Tract 75.92 tett to the Point of Beginning 01 this description; thence South 89 degrees 56 minutes (13 seconds West 178.90 feet; thence South 18 degrees 23 minutes 44 seconds West 18.34 feet; thence North 71 degrees 36 minutes 16 seconds West 10.00 feel; thence North 18 degrees 23 minutes 44 seconds East - 15.00 tett; thence South 89 degrees 56 minutes 03 seconds West 5.00 feet; thence North 53 degrees 08 minutes 35 seconds West 138.24 lett to the west fine of said Trod 4; thence North 00 degrees 38 minutes 00 seconds West oong said west fine 238.44 Ittt to the northwest corner of said Tract 4; thence Nath 89 degrees 27 minutes 30 seconds Eost olong the north line o1 said Tract 10.00 lett; thence South 0 degrees 38 minutes 00 seconds Eost 183.08 feet thence South 53 degrees 08 minutes 35 seconds Eost 147.30 lett; thence North 89 degrees 56 minutes 03 seconds East 177.87 feel loon cost line of said Tract 4; thence South 00 degrees 04 minutes 15 seconds West bong said east fine 50.00 tett to the point 4t begirntng, containing 0.430 acres, more or less. CINERGY EASEMENT AMERICAN Architects Zngtneers Copyruhl lc) CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 48258 (317) 547-5580 FAX: (317) 543-0270 1966-2005 by Mn.,<an ConsAti.g. IM. DATE: 07/05/05 DRAWN BY: 1418 JOB N0. 05-172 SHEET 140. 2 al 2 Prescribed by the State Board of Accounts (2005) Declaration County Form 170 This form is to be signed by the preparer of a document and recorded with each document in accordance with IC 36-2-7.5-5(a). I, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1. I have reviewed the attached document for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers; 2. I have redacted, to the extent permitted by law, each Social Security number in the attached document. I, the undersigned, affirm under the penalties of perjury, that the foregoing declarations are true. Signatt re of Declarant John B. Schcidler Printed Name of Declarant ©OW 2006001 009066 Filed for Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 02-23-2006 At 02:17 PM. EASEMENTS 26.00 GRANT OF EASEMENT a q O q ' In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CARMEL CIVIC SQUARE BUILDING CORPORATION, an Indiana not-for-profit corporation (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"): n A strip of land twenty-five (25) 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 Northeast Quarter of Section 36, Township 18 North, Range 3 East, and described in Instrument No. 200300126946 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 bit 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 T'fi.I S TY? AN'SACT1ON I3. BXLMPt FROM R Jr,., QUIREMEPi T S OF IC 6- 1 .1--5.5 For Grantee's Internal Use: Parcel No.: 7/Line No.: #1838.60 Carmel Nameplate Sub 11430 to Carmel Sub. #425 [Carmel Redevelopment Relocation] County: Hamilton/Township:Clay Project 14504C5$13 ., Form: FMB/ ,7).35 Exec./Rec.: Dwg Ref.: 9'. Prepared Date: 9/26/05 1 third party 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 pennit 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 Arca and the adjoining land of Grantor's Property, in 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 closeto 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 mariner 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 2 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. 12. By executing this Grant of Easement the City of Carmel, Indiana, hereby aclarowledges and agrees that its (a) easement for sewer line and incidental purposes recorded October 5, 1979 in Deed Record 315, Pzae 739 in the Office of the Recorder of Hamilton County, Indiana, and (b) leasehold interests as recorded in Miscellaneous Record 187, Page 359; Instrument No. 93- 64320. Instrument No. 88-27427; and Instrument No. 94-00659 all as recorded in the same Recorder's Office, shall be subordinate, subject and junior to this Grant of Easement. 13. By executing this Grant of Easement U.S. Bank National Association, hereby acknowledges and agrees that its Trust Indenture dated September 1, 2004 and recorded October 21, 2004 as Instrument No. 2004-00072918 in the Office of the Recorder of Hamilton County, Indiana, shall be subordinate subject and junior to this Grant of Easement [Signature pages follow.] 3 IN WILTMSS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the day of ..Cees -1.+- , 2005. By: Printed N Printed Title: CARMEL CIVIC SQUARE BUILDING CORPORATION, an Indiana not-for-profit corporation STATE OF t(tc„a COUNTY OF M t I r. ) SS: Grantor By: Cl? (Q �.Ve-LtQ.. •v�'i.0)2a, Printed Name Printed Title: MA() 121 to .j� . Ivl r Los John Woir4t kurlct )• Pakhecle.r• Personally appeared before me this day i l0:,0(tt,L, dake.t rIbier` -“"/ ;)0 (a) duly authorized representative(s) of Grantor and acknowledged signing of this Grant of Easement by to be a voluntary act and deed for and on behalf of Grantor, and having been duly swom/affirmed, state(s) that any representations contained therein are true to the best of a A A personal knowledge. 0 /1 i Wf1NESS my hand and notarial seal, this ') day of ��kiftT\%c.' , 2005. My Commission Expires: My County of Residence: II/6/20-GS int l (z1U-1-' Signed Name: Printed Name: 1�iiuR* jA % 4 IN WITNESS WHEREOF, the City of Carmel, Indiana has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the 7 qday of j.Cent-b'f 2005. CITY OF CARMEL, INDIANA By: / , I By: Printed Name: Printed Title: U"��tit� Printed Title: ` , ,, ,,, STATE OF I rcito O COUNTY OF_--ka nn(I k -un ) SS: 1 a1 Personally appeared before me this day--Vetrne.S bet (t2.171 , (Vp(l �,t�(e e. / Lov i. d b)5(JY\ (a) duly authorized representative(s) of the City of Carmel, Indiana and acknowledged the signing of this Grant of Easement by to be a voluntary act and deed for and on behalf of the City of Cannel, Indiana, 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 I day of Cp, (Y\ b✓, 2005. My Commission Expires: My County of Residenc //9 /0Sr. Signed Name: Printed Name: 6'_ - n Da t/i S Return to: Sandra Johnson City of Carmel — Clerk Treasurer's Office One Civic Square Carmel, IN 46032 5 uc'-ut-0000 ;CU 11;lb BM UHKfIhL IJUMUNIEY SVCS FAX NO. 317 571 2426 P. 07 IN WITNESS WHEREOF, U. S. Bank National Association has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the fl} day of 41G-'ntr" 2005. U.S. SANK NATIONAL ASSOCIATION Printed Title: le_L�cdl�� STATE OF d n n -n COUNTY OF I1\ PonCAr )SS: Printed Nano: 17 / +C.a T 7- Printed Tide: V't C C P&LCsIbC,/7 Personally appeared before me this day nr--, U\. "1 ov, I GGol+ ceder (a) duly authorized representativc(s) of U. S. Bank National Association and aclmo ledged the signing of this Grant of Easement by to be a voluntary act and deed for and on behalf of U. S. Sank National Association. and having been duly sworn/affirmed, state(s) that any representadons contained therein are true to the best of personal knowledge. WTTNESS my hand and notarial seal, this r -14 -;day of b QLa 1m-bt C , 2005. My Commission Expires:J0nun. 1 o)CXWA SigacdName: j r_ { L lItn My County of Residence: ik_Nrc Printed Name: L`CX , C) II, S This Instrument Prepared by John S. Schcidler, Attomey-at-Law. 6 EXHIBIT "A" S NE Corner NE 1/4 Section 36, T -18-N, R -3-E 707.40' Scale: 1 =200- N 89 WY 37" E 25.00' North Line NE 1/4 Section 36, T -1B -N. R -3-E P.O.B. South Line Instr. No. 200200025738 N 0'51' 54" W S 0'51' 54' E 252.87' / 252.85 0.145 A0. S 89.08' 06' W 25.00' 25' CINERGY EASEMENT AMERICAN Architects Connthanis Engineers Coq' g'I (C) CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS. IN 46258 13171 547-5580 FAX: (317) 543-0270 ,G66-2005 by Mwcon Coen/log-Inc. DATE' 07/05/05 DRAWN BTS LILB JOB N0. 05-172 SHEET NO. 1 of 2 EXHIBIT "B" 25 CINERGI EASEMENT A purl a the Northeast Quarter of Section 36, Township 18 North, Ronge 3 East, Nommlon County. Indian. described oa Ickes: Commencing of the northeast comer at sod Norllcost evader; thence South 89 degrees 12 minutes 13 secords West (hearing assumed) 707.40 feet along the north line of said Northeast Quarter to the lost fine of the former Moron Railroad; thence South 00 degrees 51 minutes 54 seconds East clang said lost line 1188.27 lett to the south Eno of a 1.004 Dore trod or land conveyed by o limited Wanon(y Owed recorded os Instnxnenl No. 200200025738 it the Office of (he 'Recorder of Hamilton County, Indiana. sold point being the Point a 8egino;ng oI this description; thence continuing South 00 degrees 51 minutes 54 seconds East along sold east line 252.85 feel; thence South 89 degrees 08 minutes 06 seconds West 25.00 feel; thence North 00 degrees 51minutes 54 seconds West 252.87 feet to the south line ot said 1.004 acro tract d lured: thence North 89 degrees 10 minutes 37 seconds East clang sed south line 25.03 feel to the point ot beginning. contoirvng 0.145 ares, more or Iess. 25' CINERGY EASEMENT AMERICAN drclrlttCU Consultants Engineers Copyrght CC) CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS. IN 46256 (317) 547-5580 FAX:(317) 543-0270 746-2(705 by kna.cm Cent/dye. Inc. DATE; 07/05/05 DRAWN BT: MLB JOu NO. 05-172 SHEET NO. 2 of 2 Prescribed by the State Board of Accounts (2005) Declaration County Form 170 This form is to be signed by the preparer of a document and recorded with each document in accordance with IC 36-2-7.5-5(a). I, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1. I have reviewed the attached document for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers; 2. I have redacted, to the extent permitted by law, each Social Security number in the attached document. I, the undersigned, affirm under the penalties of perjury, that the foregoing declarations are true. Signature of Declarant John B. Scheidler Printed Name of Declarant 20i 1600027726 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 05-17-2006 At 03:30 an. EASEMENTS 22.00 GRANT OF EASEMENT d 7D5:Y 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 (here after referred to as "G—rantee"), 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 refereed to as the "Easement Area"): A strip of land twenty-five (25) feet in 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. 200200025738 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 'THIS TRANSACTION I 8 U X B M P T FROM REQUIREMENTS OF 1 C 6- 1. 1- 5. t For Grantee's lntenml Use: Parcel No.: #6/Line No.: #838.60 Carmel Homeplace Sub #430 to Cannel Sub. #425 [Carmel Redevelopment Relocation] County: Hamilton/Township:Clay Project #504C5813 Foran: EMH/JTA5 Exec./Rec.: Dwg Ref: 7/g y/05 Prepared Date: 9/25/05 1 third party 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, in 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 2 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.] 3 IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the ZI day of D e,« f\\be - , 2005. By: Printed Name: / ka'i - r (� l /'\n Printed Title: ,,1'�b�CJI CITY OF CARMEL, INDIANA, by and thropgh its BOARD OF ORKS y D SAFETY Grantor STATE OF 1 r e\ \ yr\zz ) SS: COiJN"I'Y OF 'i ScO-H 1 ) By: Printed Name: Printed Title: cc -,t, <FYI� 1 Personally appeared before me this day 11 Ann u , 1,.-t%. t' Lt'/1 ��-a+ �c , (a) duly authorized representative(s) of Grantor and acknowle ged 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 swornlaffimmed, state(s) that any representations contained therein are true to the best of NI-* personal knowledge. 7 WITNESS my hand and notarial seal, this Z ( day of ✓L' Ct nt\b2.(, 2005. My Commission Expires: JIa.I\Q ZS, 2 tiPi Signed Name: My County of Residence:----'-4/,Lal% \ -k-DA Printed Name: This Instrument Prepared by John B. Scheidler, Attorney -at -Law. 4 a (Adz, Chris K. Cie, \ EXHIBIT "A" Scole: t"=200' N 69'12' 13" E 25.00' NE Corner NE 1/4 Section 36, T -18-N, R -3-E East Line NE 1/4 Section 36, T -18-N, R -3-E City el Carmel. Indiana Boord of Public Works and Safety Instrument No. 200200025738 Former 66' R/W Monon Railroad 0 40 en 0 N P.O.B. S 89.12' 13" W 694.7r 0' 50' 18" E N 0' 50' 18" W 40-00' 40.00' S 80'12' 13" 25.00' 0.023 Ac. CINERGY EASEMENT AMERICAN Architects Consultants Engineers COPyt561 10 1 CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256 1317) 547-5580 FAX, (317) 543-0270 966-2005 by Anerkon Conveing, Inc. DATE: 06/04/05 DRAWN BY: !ALB JOB 140. 05-172 SHEET N0. 1 of 2 EXHIBIT "B" CINERGY EASEMENT A port of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing of the northcosl corner of said NocUeost Ouorter, thence South 0 degrees 12 minutes 18 seconds East (basis of bearings is a Limited Warranty Deed recorded os Instrument No. 200200025138 in the Office 01 the Recorder or (tomato(' County, Indiana) 1148.00 Keel along the east line or soid Northeast Quarter to the north line of the trod of kind conveyed by soid Limited Warranty Deed prolonged easterly; thence South 89 degrees 12 minutes 13 seconds West along the easterly prolongation of said north line and saidnorth line 694.71 feet to the east line of the former Monon Roilroad and the Point of Beginning of This description; thence South 0 degrees 50 minutes 18 seconds East 40.00 reel along soid east line to the south Kne of the tract 01 lond conveyed by said Limited Warranty •Deed; thence South 89 degrees 12 minutes 13 seconds West 25.00 teet along soid south tne; thence North 0 degrees 50 minutes 18 seconds West parallel with said east line 40.00 feet to the north line of said tract of lond; thence North 89 degrees 12 minutes 13 seconds East olong said north line 25.00 reef to the point of beginning, containing 0.023 acres, more or less. CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SHADELAND STATION Consultant INDIANAPOLIS, IN 46256 Engineers (3171547-5580 FAX: (3171543-0270 Copyright (C) 1955-2005 by American Consulting. Inc. DATE. 08/04/05 DRAWN BY: 'ALB JOB NO. 05-172 SHEET NO. 2 01 2 20060 027727 Filed for Record in HAMILTON C0UNT'Yr INDIANA JENNIFER J HAYDEN 05-17-20106 At 03:30 am. EASEMENTS 22.00 ©k y GRANT OF EASEMENT 6Z90 57 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, puliboxes, 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 arboricultura1 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 ?'1IIS TRANSACTION I8 EXEIipT nob% REQUIREMENTS OF IC .6- I'., 1.5. S For Grantee's htternal Use: Parcel No.: #4/Line No.: #838.60 Carmel Homeplace Sub #430 to Carmel Sub. #425 [Cannel Redevelopment Relocation] County: Hamilton/Township:Clay Project #504C5813 Form: EMf[X J6 S Exec./Rec.: DwgRef.: 9 —06 -- Prepared Date: 9/25/05 ,f1^fJ.°a 61/6 1 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 reprove 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, in 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 fomr 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 2 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.] 3 IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the 2-j day of 'Dec_ , 2005. By: Printed Name. n CTIY OF CARMEL, INDIANA, by and throu h its BOARD OF PUB RKS AN SAFETY Gra for Printed Title: 1\k,Q,ok, r By: Printed Name: Printed Title: lir STATEOF 1nd‘Jana ) )SS: COUNTY OF--AZ\ inl (-1-bn ) Personalty appeared before me this day kV \ vke. of 0-V&Aauthorized representative(s) of Grantor and acknowledged a signing of this Grant of Easement by to to be a voluntary act and deed for and on behalf of Grantor, and having been duly sworn/affirmed, statc(s) that any representations contained therein are true to the best of personal knowledge. WITNESS my hand and notarial seal, this My Commission Expires: s\U t.e_ 201 My County of Residence: —110..M. -7_-( day of MJ¢✓, 2005. Signed Name: e -16—z; -IS / Printed Name: O k r- Is -11 C Cis.; This Instrument Prepared by John B. Scheidler, Attorney -at -Law. 4 EXHIBIT "A" NE Corner NE 1/4 Section 36. T -18-N, R -3-E S 8960.03 W N 77' 00' 22" E 10.23' North Line NE 1/4 6003' Section 36, T -18-N, R -3-E \\> N o aP.O.B. = .. 5 77.00. 22" 89.50' , 0.010 AC. S 0.51. 54" 42.47' S 89.08' 06" W 10.00' W 5 8.08' 50" W E A 48.03' 11 89.57' 01" W 395.14' N 87'411 16" W 95.39' S 2.30 23- E 13.19' City al Carmel L • 53.15' Boord oI Public Works and Safety R • 620.00' 3.549 Acre Trod Instrument No. 9909923563 Chord &g. • 5 79.27 43• W Chord Length • 53.13' Scale: 1'=I00' I CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SHADELAND STATION Consultant' INDIANAPOLIS. IN 46256 Engineers (317) 547-5580 FAX: (317) 543-0270 Copyright (CI 1966-2005 by American ConsWCng, Inc. DALE: 07/19/05 SHEET NO. 1 01 2 DRAWN BY LB J08 NO. 05-172 EXHIBIT "B" CINERGY EASEMENT A port of the Northeast Ouorter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described os follows: Commencing at the northeast corner of said Northeast Quarter; thence South 89 degrees 12 minutes 13 seconds West (basis of bearings is a Co --Conservators Deed recorded as Instrument No. 9909923663 in the Office ot the Recorder of Hamilton County, Indiono) 60.03 feet along the north line of sob Northeast Ouorler to a northwest corner of the 3.549 acre trot( described in said Co— Conservotor's Deed; thence the lallowing six (6) courses olong the western and northern Giles or said 3.549 acre tract: (1) South 8 degrees 08 minutes 50 secads West 48.03 Teel (2) thence South 2 degrees 31 minutes 23 seconds East 13.19 Leel; (3) thence North 89 degrees 57 minutes 01 second West 395.14 feet; (4) thence North 87 degrees 41 minutes 16 seconds West 95.39 feel; (5) thence Southwesterly 53.15 feet along an arc to the left having a radius or 620.00 feet and subtended by a long chord having a bearing of South 79 degrees 27 minutes 43 seconds West and o length of 53.13 feet; (6) thence South 77 degrees 00 minutes 22 seconds West 89.50 feet to o point 10.00 reel east by perpendicular measure from the west line ot said 3.549 ocre tract and the Point of Beginning of this description; thence South 0 degrees 51 minutes 54 seconds East porallel with said west line 42.47 lee(; thence South 89 degrees 08 minutes 06 seconds West 10.00 lee( to said west line; thence North 0 degrees 51 minutes 54 seconds West along said west line 40.32 Leet to o northwest corner at said 3.549 ocre trod; thence North 77 degrees 00 minutes 22 seconds Eosl along the northern line of said tract 10.23 feet to the point of beginning, conjoining 0.010 acres, more or less. CINERGY EASEMENT AMERICAN Architects Consultants Engineers Copyright (di CONSULTING, INC. 7260 SIIADELAND STATION INDIANAPOLIS. IN 46256 (3171 547-5580 FAX: (317) 543-0270 1966-2005 by Ammicon Const4tg, Inc. DATE', 07/19/05 DRAWN BY, 1418 JOB NO. 05-172 SHEET NO. 2 of 2 200500083784 Filed for Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 12-29-2005 At 12:16 Pm. EASEMENTS 31.00 GRANT OF EASEMENT At/05g- In qp5g- 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 REDEVELOPMENT COMMISSION (hereinafter referred to as "Grantor"), hereby grant(s) unto PSI ENERGY, INC., an Indiana corporation, and its successors and assigns (hereinafter refereed 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 thirty (30) feet in width as shown on the attached Exhibit "A" and more particularly described on the attached Exhibit "B". And, also a strip of land twenty-five (25) feet in width as shown on the attached Exhibit "C" and more particularly described on the attached Exhibit "D". A strip of land ten (10) feet in width as shown on the attached Exhibit "E" and more particularly described on the attached Exhibit "F". Said strips of land are located in the land of Grantor that is situated in the Northeast Quarter of Section 36, Township 18 North, Range 3 East, and described in Instrument No. 9909923665 and Instrument No. 9909923664 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 detemuined 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 T II IEl TRANSACTION 1 3 II 11 B P OM REQ 1J . S; E Hr1 E N T 8 0 It 1 C 6- 1. 1- 5. For Grantee's Internal Use: Parcel No.: #3 & 5/Line No.: 4838.60 Cantel Homeplace Sub 4430 to Carmel Sub. #425 [Carmel Redevelopment Relocation/ County: Hamilton/Township:Clay Project #504C5313 Form: EMII/JBS 9/27/05 Exec /Rec.: D,vgRej ,dlfruvvn 1-11/1/4Prepared Date: 11//16/05 ' ✓.a 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 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. To the extent that any underground drainage inlets, pipes and associated facilities are located upon the Easement Area, Grantor shall remove and dispose of them at the expense of Grantor. 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, in 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, but excluding any pedestrian bridge over the Easement Area 2 which provides Grantee with at least fourteen feet (14') of vertical clearance and eleven feet (11') of horizontal clearance (both for access purposes) and which shall not be located within thirty (30) feet of any manhole of Grantee, 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) instal] any landscaping upon the Easement Area; or (e) perform any form of construction or excavation upon the Easement Arca. 10. Grantor warrants that it has the necessary authority and title to Grantor's Property to grant this easement to Grantee, and 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. 12. Grantor hereby acknowledges and agrees that the Declaration of Covenants and Easements dated November 8, 2000 and recorded on November 22, 2000 as Instrument No. 200000058577 in the Office of the Recorder of Hamilton County, Indiana, shall be subordinate, subject and junior to this Grant of Easement. 13, By executing this Grant of Easement, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, hereby acknowledges and agrees that the public road right of way for City Center Drive shall be subordinate, subject and junior to this Grant of Easement. [Signature pages follow.] 3 IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the day of (1/4 vfil26.e , 2005. By: CITY OF CARMEL REDEVELOPMENT COMMISSION Grantor ) By: Printed Name: N0 o t. Id C__6r-t'-1-ef Printed Title: / �5 (C Eft STATE OF --"I ` cc ``7 a- ) SS: COUNTY OF 24//iii (77-01'? ) Printed Name:. Printed Title: ll //C/ D Personally appeared before me this day \JC/2C�(£ C&� eF- (a) duly authorized representative(s) of Grantor and acknowledged the signing of this Grant of Easement by /2Prl 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 My personal knowledge. WITNESS my hand and notarial seal, this day of /\ a V L i- , 2005. My Commission Expires: 7-45-4-5CO7 Signed Name----A-eg� My County of Residence: Wet/ f (7' " h Printed Name: 4 Y///s C`- wFi5Sy- IN WITNESS WHEREOF, the City of Carmel, Indiana, by and through its Board of Public Works and Safety has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the 1 day of et i'VL121a005. By: It/ CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety Grantor By: 1 --_i . Printed Title: L—CifY\b Q r d Name: r- te5J \ ar fl (\ Printed Name: Printed Title: STATE OF i 7\ b 1(if1 k ) � )SS: I �y� COUNTY OF aPvn 1 ) 1 O(t Wcstsan ; _ e-rn bey_ Personally appeared before me this day ---lSTS6aIhad iiimj4„,, 6/ / Ley, , r a &N{ (a) duly authorized representative(s) of the City of Carmel, Indiana, by and through its Board of Public Works and Safety and acknowledged the signing of this Grant of Easement by to be a voluntary act and deed for and on behalf of the City of Carmel, Indiana, by and through its Board of Public Works and Safety, 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 My Commission Expires: 7 day of a, } 2 M,B». 2005. 5' //9/0 Y Signed Name: My County of Residence: )4528)/,C.TD /1.) Printed Name: This Instrument Prepared by John B. Scheidler, Attorney -at -Law. 0.44/64Q4✓‘.5 5 Exhibit "A" NE Corner NE 1/4 Section 36. T -18—N, R -3—E North Line NE 1 4 N00°51'S4'/ N00°51'54.1'1 30.00' Section 36, T -18—N, R -3—E N89°12'13"E - 346.65' o 6.��/OStin W�9346.�///�00°00'11'E- 30.00.1213'W- 360.750' 1 1 1 111 11 City of Carmel 1 Board of Public Works and Solely g 2 1 1 3.549 Acre Tract 1 Instrument No. 9909923663 0 3 0 E 4, - 0 City of Carmel '" Co—Conservators' Deed w Instrument No. 9909923665 Scale: 1 "=100' CINERGY EASEMENT AMERICAN CONSULTING, INC. DATE: 10/25/05 SHEET N0. Architects 7260 SHADELAND STATION I Consultants INDIANAPOLIS, IN 46256 DRAWN BY: JJH of Engineers (317) 547-5580 FAX: (317) 543-0270 Copyright ICI 1966-2005 by American Consultlna. Inc. JOB NO. 05-112 2 Exhibit "B" 30' CINERGY EASEMENT A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast Corner of said Northeast Quarter; thence South 89 degrees 12 minutes 13 seconds West (basis of bearings is a QUITCLAIM DEED recorded as Instrument No. 9909923665 by the Recorder of Hamilton County, Indiana) 360.75 feet along the North Line of said Northeast Quarter to the POINT OF BEGINNING of this description; thence South 00 degrees 00 minutes 11 seconds East 30.00 feet; thence South 89 degrees 12 minutes 13 seconds West 346.20 feet parallel with the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land described in the QUITCLAIM DEED recorded es instrument //9909923664 by said Recorder; thence North 00 degrees 51 minutes 54 seconds West 30.00 feet along the eastern boundary of said 1.800 acre tract of land to its northeastern corner on the North Line of said Northeast Quarter; thence North 89 degrees 12 minutes 13 seconds East 346.65 feet along the North Line of said Northeast Quarter to the POINT OF BEGINNING containing 0.239 acres, more or less. CINERGY EASEMENT AMERICAN Architects Consultants Engineers copyright 10 CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256 (317) 547-5580 FAX: (317) 543-0270 1966-2005 by American Consulting, Inc. DATE: 10/25/05 DRAWN BY: JJH JOB NO. 05-172 SHEET NO. 2 of 2 EXHIBIT "C" N 89.12' 13" E 25.00' Stole: 1 =200' NE Corner NE i/4 Section 36. T -18-N, R -3-E 5 69'12' 13 W 707.40' North Line NE i/4 Section 36, T -16-N, R -3-E City of Cormel Redevelopment Commission Instrument No. 9909923664 North Line Instr. No. 200200025736 S 89° 10' 37" W 25.00' 25' CINERGY EASEMENT AMERICAN Architects Consultants Engineers Copyright (C) CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256 1317)547-5580 FAX: (317) 543-0270 1966-2005 by Imaicon Consult+q. Mc. DATE: 07/05/05 DRAWN BY; MLB J06 NO. 05-172 SHEET N0. 1 of 2 EXHIBIT:."D" 25' CINERCY EASEMENT A port of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described os follows: Commencing at the northeast comer of said Norlheost Quarter, thence South 89 degrees 12 minutes 13 seconds West (basis of bearings is a Quitclaim Deed recorded as Instrument No. 9909923664 in the Office of the Recorder of Hamilton County, Indiana) 707.40 teet along the north line of soid Northeast Quarter to the northeast corner the tract of land conveyed by said Quitcldm Deed and the Point ot Beginning of this description: thence South 00 degrees 51 minutes 54 seconds East along the east line of sold tract ot lond 114827 teet to the north line of a 1.004 acre batt ot land conveyed by a Limited Warranty Deed recorded os Instrument No. 200200025738 in the Office of said Recorder; thence South 69 degrees 10 minutes 37 seconds West 25.00 feet along sold north line; thence North 00 degrees 51minutes 54 seconds Wes/ 1148.28 feet to the north fine of sold Northeast Quarter; thence North 69 degrees 12 minutes 13 seconds East along said north line 25.00 Leet to the point of beginning, containing 0.659 ocres, more or less. 25' CINERGY EASEMENT AMERICAN Architects Cansakants Engineer' Copyright (CI CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256 (317) 547-5580 FAX: (3171 543-0270 1966-2005 by American Consulting.Inc. DATE' 07/05/05 DRAWN 8Y% MSB JOB NO. 05-172 SHEET NO. 2 of 2 EXHIBIT "E" P.O.B.N 89°12' 13" E NE Corner NE i/4 10.00' North Line NE 1/4 Section 36, T -18-N, R -3-E Section 36, T -18-N, R -3-E N 5 89°12' 13" W 707.40' to '^ A. �' '7 O ! 5 0°51' 54" E City of Cormel Redevelopment Commission 77.53' Eost Tract" Instrument No. 9909923665 m 01 0.018 5 77°00' 10.23' Ac. 22" W Exception to "East TrocC City of Carmel Redevelopment Commission Scale: r=100' "East Trod" Instrument No. 9909923665 / CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SHADELAND STATION Consultants INDIANAPOLIS, IN 46256 Engineers (317) 547-5580 FAX: (317) 543-0270 Copyright (CI 1966-2005 by American Consulting. No. DATE' 07/19/05 EWE NO. 1 01 2 DRAWN BY: MLB JOB NO. 05-172 CINERGY EASEMENT EXHIBIT ',El, A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 Eost. Homilton County, Indiana. described as toRows: Commencing ot the northeast corner of said Northeast Ouorter; thence South 89 degrees 12 minutes 13 seconds West (basis ot bearings Is a Co -Conservator's Deed recorded as Instrument No. 9909923665 in the Office of the Recorder of Hamilton County, Indiana) 707.40 feet along the north line of said Northeast Quarter to the northwest corner of the 'East Tract" described in said Co - Conservators Deed and the Point of Beginning of this description; thence North 89 degrees 12 minutes 13 seconds East 10:00 feet along soid north line: thence South 0 degrees 51 minutes 54 seconds East parallel with the west line of said East Trod- 77.53 teet to the northern line of the 3.549 acre exception to soid East Troct described in said Co -Conservators Deed: thence South 77 degrees 00 minutes 22 seconds West 10.23 Ieel along soid northern line to the west line of said "Eost Trocr ; thence North 0 degrees 51 minutes 54 seconds West along soid west line 79.69 beet to the point of beginnMg, containing 0.018 acres, more or less. CINERGY EASEMENT AMERICAN Architects Consultants Engineers CONSULTING, INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256 (317) 547-5580 FAX: (317) 543-0270 Copyright 10) 1966-2005 by American Consult:g. Hc - DATE' 07/19/05 DRAWN BY' MIS JOB NO. 05-172 SHEET N0. 2 of 2 ©CD 20060002772S Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 05-17-2006 At 03:30 pm. EASEMENTS 22.00 M GRANT OF EASEMENT o_eiD / 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 (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 Ilamilton County, Indiana (hereinafter refereed to as the "Easement Area"): A strip of land as shown on the attached Exhibit "A" and more particularly described on the attached Exhibit "E" Said strip of land is located in the land of Grantor that is situated in the Southeast Quarter of Section 25, Township 18 North, Range 3 East, and described in Instrument No. 200500010925 and Instrument No. 9909942122 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, triol, 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 tt}be limited to, Twires, cables, and other fixtures; provided,+*that Grantor shall pursue any claim with the third party 3.' .tel r O TRA t'?� iii -v t '- e �i !pm i`i j::. �.Er- ..t.. `'. F8GM R. UIREiiiIIINT TS O 4 I.0 6-:I'. 1-S 5 For Grantee's Interna! Use. Parcel No.: #2/Line No.: #838.60 Carmel Horneplace Sub 11430 to Carmel Sub. 0425 [Carmel Redevelopment Relocation] County: Hamilton/Township:Clay Project #504C5813 VA 945- Form: /p5Form: EMH/`td S Exec./Rec.: Dwg Ref.: Prepared Date: 9/25/05 1 and not Grantee, if any such claim arises out of said third party's equipment. 4. To the best of Grantor's lmowledge, 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, in 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 2 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.] 3 IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the e2/ day of Ce.Yh14r; 2005. By: CITY OF CARMEL, INDIANA tor Printed Name: Printed Title: STATE OF 1 '(/l.(of\ ) p SS: COUNTY OF —,� (t ,/ C�' ` ) Personally appeared before me this day By: Printed Name: L, Rt Ljcclsc') Printed Title: M12-441.PC" a1 � N`(\ I&L LUY' l V O' , (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 1V personal knowledge. WITNESS my hand and notarial seal, this Z'' day of '(,Lo(, it , 2005. My Commission Expires: uM 1-0t-DUf Signed Name: My County of Residence: -ha n4 l )41,\A, Printed Name This Instrument Prepared by John B. Scheidler, Attorney -at -Law. 4 EXHIBIT "A" a: /dun/ 1n2005. 0172. e04.59n 10/25/2005 07:4 I'=100' Scale: City of Carmel, Indiana Instrument No. 9909942122 N 89'10' 30" E 25.00' 0.011 k. SE Corner SE 1/4 N 0'51' 30" W 5 0'51' 30" E Section 25. T -18-N, R -3-E 20.00 \s 2000' ,„_ 5 89'10 30" W 707.40' P.O.B. South Line SE 1/4 S 89' 10' 30" W Section 25, T -18-N, R -3-E 25.00' 25'x20' CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SHADELAND STATION Consultants INDIANAPOLIS, IN 46256 Engineers 1317) 547-5580 F A X:13171 54 3 -0 270 Copy,: 5t ICI N66-2005 by bnaiom Ceasuihns, Inc. DATE, 10/24/05 SHEET NO. of 2 DRAWN Br: MLB /0B NO. 05-172 a: /dun/ 1n2005. 0172. e04.59n 10/25/2005 07:4 EXHIBIT "B" 25020' CINERGY EASEMENT A pod of the Southeast Quarter of Section 25. Township 18 North. Range 3 East, Hamilton County, Indiono, deseribed es follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 10 minutes 30 seconds West (basis of bearings is n Oeed and Covenants recorded as Instrument No. 9909942122 in the OIIIce of the Recorder of Hamilton County, Indiana) 707.40 Net along the south line of said Southeast Quarter to the southeast corner of the Moet of land conveyed by said Deed and Covenants and the Paint of Beginning of this description: thence continuing South 89 degrees 10 minutes 30 seconds West along soil south line 25.00 feel; thence North 00 degrees 51 minutes 30 seconds West parallel with the east line of sad troct of land 20.00 feel; thence North 89 degrees 10 minutes 30 seconds East parallel with said south line 2500 feet t0 the east line of sold tract of Mond; thence South 00 degrees 51 minutes 30 seconds East 20.00 Net to the point of beginning, containing 0011 acres, more or less. 25'x20' CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SHADELAND STATION Cansutmns INDIANAPOLIS, IN 46256 Engineers 13171547-5580 FAX: 13171543-0270 Copyright IC) 1966-2005 by emenrco, Conzulling, he. DATE: 10/24/05 SHEET NO. 2 of 2 DRAWN Br: MIB JOB NO. 05-172 d:/dgn/ia200 0l72.e04.dgn 10/25/2005 07:41,36 200600007232 Filed for Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 02-13-2006 At 01:42 vn. EASEMENTS 24.00 GRANT OF EASEMENT 9 6.5-7 In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, MOIIAWK, L.P., an Indiana limited partnership (hereinafter referred to as "Grantor"), hereby grants 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 (such as poles), underground ducts, conduits, wires, cables, manholes, pullboxes, guy wires with anchors, grounding systems, counterpoises, and all other appurtenances, fixtures and equipment (hereinafter referred to as the "Facilities"), for the transmission and distribution of electrical energy, and for technological purposes (including but not limited to telecommunications), both overhead and underground, 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 more particularly described on the attached Exhibit "B" and shown on the attached Exhibit "A." Said strip of land is located m the land of Grantor that is situated in the Southeast Quarter of Section 25, Township 18 North, Range 3 East, and described in Instrument No. 200000003711 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 Arca, and the further specific right of ingress and egress to and from the Easement Area and Rangeiine Road over the adjoining land of Grantor's Property (using lanes, parking lot areas, driveways, and adjoining public roads where practical as determined by Grantee). Grantor shall not prohibit or restrict Grantee's access over the adjoining land of Grantor's Property by gate, fence or other obstruction. 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, Ti1 S TItAN!AC . 1O14 IS 13 14 11 MPT , r, 1.4 k t?- II` I" r':2MBNTS OF IC 6- I . 1 -5. For Grantee's Internal Use: Parcel No.: #1/Line No.: #838.60 Camel Homeplace Sub #430 to Carmel Sub. #425 [Carmel Redevelopment Relocation] County: Flannilton/Township:Clay Project #504C5813 �j ^A (cc, S Fwrn: EMH/JSB 9/1/05 Exec./Rec... Dug Ref.: Prepared Date: 8/29/05 or where, such vegetation is trimmed consistent with generally accepted arboricultural practices. 3. Grantee shall have the right to allow third parties to attach equipment to Grantee's Facilities, and any such equipment shall include but not be limited to, wires, cables, and other fixtures; provided, that Grantor shall first pursue any claim with the third party, if any such claim arises out of any third party's attachment. - 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 haumful substance or material. 5. Grantor shall not place, or permit the placement of, anv 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 immediate adjoining land of Grantor's Property, but only during those times when Grantee is constructing, reconstructing, maintaining, repairing, replacing, relocating, adding to, modifying, or removing the Facilities. • With the exception of emergency situations, Grantee will consult with Grantor as to the exact location of immediate adjoining property use. 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 2 thereof, or any landscaping 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. 10. Grantor represents that they have full authority and capacity to execute this Easement to Grantor's Property. 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 he 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. 12. By executing this Grant of Easement, the City of Carmel Redevelopment Commission, hereby acknowledges and agrees to promptly pay or repair or restore any damage to the pavement to a condition which is reasonably close to the condition it was prior to the damage, upon the adjoining Grantor's Property or 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; , all to the extent such damage is caused by Grantee or its contractors or employees. In the event that the City of Carmel Redevelopment Commission 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 the City of Carmel Redevelopment Commission at One Civic Square, Carmel, Indiana, Attn: Les Olds, Director of Redevelopment, or (b) by contacting an authorized representative of the City of Carmel Redevelopment Commission. [Signature pages follow.] 3 1N WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized general partner(s), effective thaday of Y4.(%. , 2005. MOHAWK, L.P., An Indiana limited partnership, Grantor By: /'7 g/11 . 31 -de= Printed Name: r-Ia_ R i Jp C, Er- ///0/-74 Title: General Partner STATE OFjti(lL ) SS: COUNTY OF t.2) By: Printed Name: Title: General Partner Personally appeared before me this day /Abe 1. /. , all of the GeneialQP ers' B1' (;rentor and ' acknowledged the signing of this Grant of Easement by m to be a voluntary act and deed for and rji bcb i1t 2�' firth r, sir 1ezvmg? been duly sworn/affirmed, state(s) that any representations contained therein are true to the best of A, _5_rsfial•Lnoa4edge,_ WITNESS my hand and notarial {seal, othis.,___Sa 1)7 -Of My Commission Expires: Signed Name: My County of Residence: etre, 0 4 Printed Name: ,2005 c /. yu6bQicoL 4 IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by effective the /qday of. (=cern be 1—, 2005. CITY OF CARMEL REDEVELOPMENT COMMISSION Grantor s duly authorized representative(s), By:-/_..�-CJi�r :� '> 13y: Printed Name: l�/, 4Yc 2 & • (�1'� GC�7C� Printed Name: Printed Title5",,,Z7':(77— Printed Title: STATE OF _I—/7CI(C I1 ) ) SS: COUNTY OF 114 in i ) Personally appeared before me this day TWO0 Q (J E Q al -4- e v authorized representative(s) of Grantor and acknowledged the signing of this Grant of Easement by hta'. to be a deed for and on behalf of Grantor, and having been duly sworn/affirmed, state(s) that any representations contained the best of N1t' personal knowledge. WITNESS my hand and notarial seal, this i day of be cern b e , 2005. My Commission Expires: My County of Residence: 1,951x 007 e4 i it %y -v <� , (a) duly voluntary act and therein-aie true to Signed Name` Printed Name: This Instrument Prepared by John B. Scheidler, Attorney -at -Law. EXHIBIT "A" d:/dgn/in2005.01]2.003.dyn 10/25/2005 07:29:48 104 Scale: 1'-100' A N 0'51' Mohawk, L.P. Instrument No. 200000003711 East line Former Monon Railroad S 0' or 54' E 0.159 Ac. 20.00' N 89'104 30' E 346.94' r---Z.---- I N I I I //// // /// 0// 5 89•10' 30' W 346.65' 5 89'%1' 30" W South Line SEI 4 20.00' Section 25, T-18-4, R -3-E 30' W 360.75' SE Corner SE 1/4 Section 25, T-18-14, R -3-E 20' CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SHA DELAND STATION Consultants INDIANAPOLIS, IN 46256 Engineer (3171 547-5580 FAX: (3171 543-0270 copyright (Ci 1966-2005 by American CansWvq nc DATE: 10/24/05 SHEET N0. 1 of 2 DRAWN 131: MLB JOB N0. 05-172 d:/dgn/in2005.01]2.003.dyn 10/25/2005 07:29:48 104 EXHIBIT "B" 20 CINERGY EASEMENT A part of the Southeast Quarter of Section 25, Township 18 North. Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the soulheoot corner al soid Southeast Quarter; thence South 89 degrees 10 minutes 30 seconds West (basis of bearings is o Warranty Deed recorded as Instrument No. 200000003711 in the Office of the Recorder of Hamilton County, Indiana) 360,75 feet along the south line of said Southeast Quarter to the Point of Beginning of this description; thence continuing South 89 degrees 10 minutes 30 seconds West 346.65 feet to the east line of the former Mann Railroad; thence North 00 degrees 51 minutes 30 seconds West along soid Bost line 20.00 feet; thence North 89 degrees 10 minutes 30 seconds East 346.94 feet: thence South 00 degrees 01 minute 54 seconds East 20.00 feel to the point of beginning, containing 0.159 acres, more or less. 20' CINERGY EASEMENT AMERICAN CONSULTING, INC. Architects 7260 SH A DELAND STATION Consultants INDIANAPOLIS. IN 46250 Engineer (3171 547-5580 FAX1 (3171543-0270 000009nt (CI 1966-2005 by Omerlcon Consulting, Fc DATE: 10/24/05 SHEET NO, 2 of 2 DRAWN BY, MSB JOB N0. 05-172 d:/dgn!in2005.0172 e03 dgn 10/25/2005 07:40,06 AM COUNTY FORM 170 DECLARATION This form is to be signed by the preparer of a document and recorded with each document in accordance with IC 36-2-7.5-5(a). I, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1. 1 have reviewed the attached document for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers. 2. I have redacted, to the extent permitted by law, each Social Security number in the attached document. I, the undersigned, affirm under penalties of perjury, that the foregoing declarations are true. Signature of Declarant John B. Scheidler Printed Name of Declarant 200600007233 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 02-13-2006 At 01:42 an. SUB AGREE 15.00 0 1 \ SUBORDINATION OF EASEMENT x (7G 4 Q THIS INDENTURE WITNESSETH, that the CITY OF CARMEL, INDIANA ("the CITY") for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which from PSI Energy, Inc. is hereby acknowledged, does hereby CONSENT, SUBORDINATE, SUBJECT AND MAKE JUNIOR that certain Sewer And Water Easement To The Town Of Carmel dated July 22, 1969, granted to the City by Harry C. Elliott, and recorded on July 28, 1969 in Deed Book 230, Page 52 in the Office of the Recorder of Hamilton County, Indiana ("the City Easement"), but only to that certain Grant of Easement granted to PSI ENERGY, INC. ("PSI") by Mohawk, L.P. dated II i I , 2005 and recorded on 2 —/3 — , 2006as Instrument No. frOZ.0 MO 723,22, in the same Recorder's Office ("the PSI Easement"). The City (a) acknowledges that any Laying, replacing, maintenance, repair or removal of a sanitary sewer line and/or a water line pursuant to the City Easement which occurs on or after the date of this Subordination of Easement on, along, in, upon or across the area of the PSI Easement, shall be subject to the now prior and superior rights of PSI to said area pursuant to the PSI Easement; and (b) releases PSI and its agents from any damage to any existing sanitary sewer line and/or water line located on, along, in, upon, or across the area of the PSI Easement which arises from PSI exercising its rights pursuant to the PSI Easement. IN WITNESS WHEREOF, the said City of Carmel, Indiana, has caused this Subordination of Easement to be signed by its duly authorized representative, this 1 day of t ct idair, 2005. t, CITY OF CARMEL, INDIANA, City By: Printed Name: Printed Title: Lear: ai�,or,, rr ember e'rt j 0 M g B Q U a I: isI E N T S O F 1 C MPT 6- 1. 1- 5 S COUNTY FORM 170 DECLARATION This form is to be signed by the preparer of a document and recorded with each document in accordance with IC 36-2-7.5-5(a). I, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1. I have reviewed the attached document for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers. 2. I have redacted,to the extent pemiitted by law, each Social Security number in the attached document. 1, the undersigned, affirm under penalties of perjury, that the foregoing declarations are true. Signature of Declarant John B. Scheidler Printed Name of Declarant