Duke Energy/Grant of Transmission Easement APPROVED JMu_ _ ...
GRANT OF TRANSMISSION EASEMENT
In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its
successors and assigns(hereinafter referred to as"Grantee"),a perpetual,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 underground transmission 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:
Situate in Section 36,Township 18N,Range 3E,Clay Township,Hamilton County,State of Indiana;being a part of
a tract as recorded in Instrument Number 2017010011 in the Office of the Recorder of Hamilton County, Indiana
(hereinafter referred to as"Grantor's Property");and being more particularly described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto and
becoming a part hereof(hereinafter referred to as the"Easement Area").
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.
For Grantee's Internal Use:
Line Name/No: CARMEL GUILFORD RD SUB 545 TO CARMEL 1ST AVE SUB Site—106063
Tract No:NA
Job Control#T1553RL1
LU#
Prep/Chk:RPH/JBS Exec/Rec:
Dwg/Fac Ref:EXHIBIT"A"
Prepared Date:9/28/18
1
23659108.1-KD 10472282 2.doc
3. [Intentionally omitted.]
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;provided,if there is not an emergency situation,
Grantee has given Grantor at least fifteen(15)days prior written notice to the Department of Engineering,Attention City Engineer,One
Civic Square,Carmel,Indiana 46032 and to the Department of Law,Attention Corporation Counsel,One Civic Square,Cannel,Indiana
46032 before such removal.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein,any physical damage to the surface or subsurface
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) 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.
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
2
23659108.1
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. Except as otherwise provided in this Easement,
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 and Grantee have entered into that certain Phases I and III Transmission Relocation Agreement effective September
20, 2017, as may be amended ("Agreement"), which incorporates by reference and attachment that certain Memorandum of
Understanding effective November 30, 2016 between Grantor and Grantee ("MOU"). To the extent a term and condition in this
Easement is inconsistent with a term and condition in the Agreement or the MOU,the order of priority in the event of said conflict shall
be in descending order as follows:(a)any Amendment to the Agreement signed by both Parties;(b)the Agreement;(c)the MOU;(d)
exhibits to the Agreement;(e)exhibits to the MOU;and(f)this Easement. Any capitalized terms used in this Easement and not defined
herein shall have the meaning ascribed to such terms in the Agreement and the MOU,as applicable.
[Signature page(s)follow.]
3
23659108.1
IN WITNESS WHERE F,Grantor has/cne is Grant of Transmission Easement to be signed by its duly authorized
representative(s),effective the day of / , 2019.
CITY OF CARMEL,INDIA A,Grantor
By and through its Board of Public Works and Safety
/Q.„--7.,e...,..rz.e.„ F Brainard,Presiding Officer Date: 5 720L`9- 4-• 2 O/7
Lori Watson,M`e� er
Date: 1 /4 /I7
17a
&s eJA'Z
Mary Ann B ke,Me r
Date:
A 11'EST•
Christ e S.Pauley,Clerk— easurer /
Date: /!/�/ 9
Pve'% Karen E.Taylor
NOTARY Hamilton County
s E Commission:711205
STATE OF INDIANA ) '9,'„'!bv,0`p.'` Expires:March 7,2026
) SS:
COUNTY OF HAMILTON
Before me,a Notary Public in and for said County and State,personally appeared Mayor James Brainard,Mary Ann Burke
and Lori Watson, by me known to be the Members of the City of Camel Board of Public Works and Safety, and Christine S. Pauley,
Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing "Grant of Transmission Easement" on
behalf of the City of Carmel,Indiana. ,,
Witness my hand and Notarial Seal this ay of ,20 9.
Commission Expiration: No Public Si natur
•
County of Residence: Notary Public-Printed
My Indiana Commission Number:111V,
This Instrument Prepared by John B. Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Ryan Hart.
Historic Fort Harrison Engineering DUKE
s Avenue Surveying Indianapolis,IN46216 Landscape
317-826-7100
Architecture
317-826-7200 FAX GIS•LISSchneider ‘., ENERGY®
Exhibit "A"
Permanent Underground Easement
Carmel UG Phase 1
Part NE 1/4 & SE 1/4, Section 36-T18N-R3E
Clay Township
Hamilton County, Indiana
Owner:
City of Carmel
Special Warranty Deed
Rec. March 8, 2017
Instrument# 2017010011
Tax Parcel #29-09-36-000-015.000-018
22,051 square feet
0.506 acres +/-
Permanent Easement:
Part of the Northeast Quarter and part of the Southeast Quarter of Section 36, Township 18
North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 00 degrees 50
minutes 55 seconds East (grid bearing based on said Indiana State Plane East Zone) along
the East line of said Quarter Section a distance of 174.90 feet (all distances in this
description are horizontal ground distances); thence South 89 degrees 20 minutes 55
seconds West 357.00 feet to the Southeast corner of a tract of land per Instrument
#2017010011 as recorded in the Office of Hamilton County Recorder's; thence South 89
degrees 17 minutes 41 seconds West along the South line of said tract of land a distance
of 28.85 feet to the Point of Beginning; thence continuing thence South 89 degrees 17
minutes 41 seconds West 31.84 feet; thence North 48 degrees 53 minutes 16 seconds East
1.32 feet to the point of curvature of a curve having a radius of 37.50 feet, the radius
point of which bears North 41 degrees 06 minutes 44 seconds West; thence northeasterly
along said curve an arc distance of 25.63 feet to a point which bears South 80 degrees 16
minutes 37 seconds East from said radius point; thence North 09 degrees 43 minutes 23
seconds East 72.78 feet; to the point of curvature of a curve having a radius of 187.50
feet, the radius point of which bears North 80 degrees 16 minutes 37 seconds West; thence
northerly along said curve an arc distance of 68.14 feet to a point which bears North 78
degrees 54 minutes 00 seconds East from said radius point; thence North 11 degrees 06
minutes 00 seconds West 82.05 feet to the point of curvature of a curve having a radius of
112.50 feet, the radius point of which bears North 78 degrees 54 minutes 00 seconds East;
thence Northerly along said curve an arc distance of 20.78 feet to a point bearing South
89 degrees 28 minutes 55 seconds West from the radius point; thence North 00 degrees 31
minutes 05 seconds West 121.68 feet to the point of curvature of a curve having a radius
of 212.50 feet, the radius point of which bears North 89 degrees 28 minutes 55 seconds
East; thence Northerly along said curve an arc distance of 2.43 feet to a point bearing
North 89 degrees 51 minutes 45 seconds West from the radius point; thence North 00 degrees
08 minutes 15 seconds East 134.74 feet to the point of curvature of a curve having a
radius of 187.50 feet, the radius point of which bears North 89 degrees 51 minutes 45
seconds West; thence Northerly along said curve an arc distance of 2.97 feet to a point
bearing North 89 degrees 13 minutes 47 seconds East from the radius point; thence North 00
degrees 46 minutes 13 seconds West 109.51 feet to the point of curvature of a curve having
a radius of 87.50 feet, the radius point of which bears South 89 degrees 13 minutes 47
seconds West; thence Northerly along said curve an arc distance of 23.53 feet to a point
bearing North 73 degrees 49 minutes 17 seconds East from the radius point; thence North 16
degrees 10 minutes 43 seconds West 9.53 feet to the point of curvature of a curve having a
radius of 112.50 feet, the radius point of which bears North 73 degrees 49 minutes 17
seconds East; thence Northerly along said curve an arc distance of 30.34 feet to a point
bearing South 89 degrees 16 minutes 15 seconds West from the radius point; thence North 00
degrees 43 minutes 45 seconds West 178.87 feet to the North Line of said tract of land;
thence North 89 degrees 42 minutes 41 seconds East along said North Line a distance of
25.00 feet; thence South 00 degrees 43 minutes 45 seconds East 178.68 feet to the point of
curvature of a curve having a radius of 87.50 feet, the radius point of which bears North
89 degrees 16 minutes 15 seconds East; thence Southerly along said curve an arc distance
of 23.60 feet to a point bearing South 73 degrees 49 minutes 17 seconds West from the
radius point; thence South 16 degrees 10 minutes 43 seconds East 9.53 feet to the point of
curvature of a curve having a radius of 112.50 feet, the radius point of which bears South
73 degrees 49 minutes 17 seconds West; thence Southerly along said curve an arc distance
of 30.26 feet to a point bearing North 89 degrees 13 minutes 47 seconds East from the
radius point; thence South 00 degrees 46 minutes 13 seconds East 109.51 feet to the point
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
July 26, 2017 JJZ
Document No. T:\10k\10258\004\dwgs\2018\Oct 2017\5\10258004 underground easement #5.doc
Historic Fort Harrison Engineering DUKE
Otis Avenue Surveying
Indianapolis,IN 46216 Landscape4,
317-826-7200 Architecture ENIERGY
317-826-7200 FAX GIS•LIS
Schneider Geology
of curvature of a curve having a radius of 212.50 feet, the radius point of which bears
South 89 degrees 13 minutes 47 seconds West; thence Southerly along said curve an arc
distance of 3.37 feet to a point bearing South 89 degrees 51 minutes 45 seconds East from
the radius point; thence South 00 degrees 08 minutes 15 seconds West 134.74 feet to the
point of curvature of a curve having a radius of 187.50 feet, the radius point of which
bears South 89 degrees 51 minutes 45 seconds East; thence Southerly along said curve an
arc distance of 2.15 feet to a point bearing South 89 degrees 28 minutes 55 seconds West
from the radius point; thence South 00 degrees 31 minutes 05 seconds East 121.68 to a
point on a tangent curve having a radius of 87.50 feet, the radius point of which bears
North 89 degrees 28 minutes 55 seconds East; thence southerly along said curve an arc
distance of 16.16 feet to a point which bears South 78 degrees 54 minutes 00 seconds West
from said radius point; thence South 11 degrees 06 minutes 00 seconds East 82.05 feet, to
the point of curvature of a curve having a radius of 212.50 feet, the radius point of
which bears South 78 degrees 54 minutes 00 seconds West; thence southerly along said curve
an arc distance of 77.23 feet to a point which bears South 80 degrees 16 minutes 37
seconds East from said radius point; thence South 09 degrees 43 minutes 23 seconds West
72.78 feet; to the point of curvature of a curve having a radius of 62.50 feet, the radius
point of which bears North 80 degrees 16 minutes 37 seconds West; thence southerly along
said curve an arc distance of 19.25 feet to a point which bears South 62 degrees 38
minutes 05 seconds East from said radius point to the Point of Beginning, containing 0.506
acres, more or less.
` OAT• ZW
!
NCL
Curtis A. Candler 20400030
Registered Land Surveyor #20400030 =TAI Of
November 1st, 2017 lick <44
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report.
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
July 26, 2017 JJZ
Document No. T:\10k\10258\004\dwgs\2018\0ct 2017\5\10258004 underground easement #5.doc
C, Historic Fort Harrison Surveying Q C--1(
\ Dli
Hist Otis Avenue Engineering
Indicate/polio, IN 48218 GI9 LIS317-826-71 )J
• ICE
sc neider 317-826-710 FAX Exhibit "A" '`/ ENERGY.
Permanent Underground Easement LEGEND
Carmel UG Phase 1
Part NE&SE 1/4 Section 36-T18N-R3E E/D- Permanent Easement
Clay Township N89' 42' 41"E R
- Denotes Deed Line
8a 45"E
Ownership Change
Hamilton County,Indiana 25.00'
r �
A '
N00' 43' 45"W � 178.68'
Curtis A. Calder 178.87'--------
R4st1�1stLmid Sur 1234°3/33° 0.506 ACRES +/- 25'
Nmer2017
22,051 SQ. FT. C7
C6
o\\��0lltuAllliruiq1i/�iii�i TAX PARCEL N16' 10' 43"W j S16' 10' 43"E
\5,. A. c. /�ii 129-09-36-000-015.000-018 9.53' ��
�\`,.�ptTEbj-;.0 % CITY OF CARMEL 9.53' 1
c�-! No. !� SPECIAL WARRANTY DEED C5 C8
REC. MARCH 8, 2017 -�
'. 20030 e INST. #2017010011 N00' 46' 13"W I 1I
STATt OF SOO' 46' 1 "
l''.. 109.51' d North
-6;. (A'°!M'-..10 `� I .. 109.51' Scale 1.-lac
, S U QIE
9gpf1f18111111811111���0\\ C4 °I
C9
w S00' 08' 15"W
CURVE i LENGTH RADIUS COURSE IN COURSE OUT N. `
112 134.74'
Cl 68.14' 187.50' N8016'37"W N78'54'00"E o Mr
C2 20.78' 112.50' N78'54'00"E S89'28'55"W o --I
C3 2.43' 212.50 N89'28'55"E _ N89'51'45"W k C10
C4 2.97' 187.50' N89'51'45"W _ N89'13'47"E C3�
05 23.53' 87.50' S89'13'47"W N73'49'17"E f
C6 30.34' 112.50' N73'49'17"E . S89'16'15"W �1l SOO' 31' 05"E
Cl 23.60' 87.50' N89'16'15"E _ S73'49'17"W '° 1 121.68'
C8 30.26' 112.50' S7349'17"W N8913'47"E z C11
C9 3.37' 212.50' S8973'47"W 589'51'45"E
prAC10 2.15' 187.50' S89'51'45"E S89'28'55"W Cz la S11' 06' 00"E
C11 16.16' 87.50' N89'28'55"E _ S78'54'00"W i co 82.05' NE CORNER, SE 1/4
C12 77.23' 212.50' S78'54'00"W S80'16'37"E rn o SECTION 36-T18N-R3E
C13 19.25' 62.50' N80'16'37"W 56238'05"E o "n-` _
C14 25.63' 37.50' N41'06'44"W S80"16'37"E NOR LINE
C12 SET H 1/4
SECTION �_
io
TAX PARCEL N09' 43' 23"E C1 / 36-T18N-R3E
S09' 43' 23"W
#29-09-36-000-015.000-018 72.78' S
CITY OF CARMEL 72.78' v'
SPECIAL WARRANTY DEED N48' 53' 16"EC14 C13
REC. MARCH 8, 2017 1.32' S89' 20' 55'W
INST. 12 01 701 001 1 I? 357.00' y
NOTE S89' 17' 41"W S89' 17' 41'W ? - 6 or 1
ry 31.85'
The horizontal data shown an this aey is based upon a positional solution 28.85' E,
derived from Global Pomtanng System (GPS)observations processed by the Q N N�IL--
Trimble wsnow RTK Network utilizing base station N_HAf1C. The coordinate POINT OF w
values shown are in the Indiana State Plane Coordinate System East Zone on BEGINNING
the 1983 North Amsiwr Datum uti'sing the Continuously Cperatiq Refer/me
Stations(CMS)adjustment as determined by PIGS(NAD 83, 2011,EPOCH
2010.0000,US Survey feet). Vertical OatLm is North American Vertical Datum
of 1988.
NOTE
Al bearings, distances old coordinates on referenced to the Indiana State
Plane - East Zone NAM) Coordinate System. Combined Scale Factor for
this project is 0.99905148. Distances shown hereon are GROM detances
Combined Scale Factor has been applied
Job No. 10258.004 This droving Is not Intended to be represented Sheet 2 of 2
Fie No.T:\10k\10258\004\dvgs\2018\Oct 2017\10250004 underground ffi.dwg as a retrocernent or original boundary survey,a
Date 07/26/17 JJZ REV 11/2/17 CAC route survelt or a Surveyor Location Report
Historic Fort. Harrison Engineering D(J
t4b, 8901 Otis Avenue Surveying jEi)Indianapolis, IN 48218 GIS LIS�7-�-7110ENERGY.
KE
Schneider 317-828-7110 FAX
Permanent Underground Easement LEGEND
Carmel UG Phase 1 ED- Permanent Easement
Part NE&SE 1/4 Section 36-T18N-R3E
Clay Township t - Denotes Deed Line
or Ownership Change
Hamilton County,Indiana
a
„. . .
I lf N89' 42' 41"E
25.00
I I S00' 43' 45'E
N00' 43' 45"W 178.68'
- 178.87' I I--
0.506 ACRES +/-
I
JO 22,051 SO. FT. I C7
C6 i
Scale 1.=100' N16' 10' 43'W
0 50' 100' TAX PARCEL S16' 10' 43"E
P9-09-36-000-01 5.o00-018 9.53' 9,53'
aTY OF CARMEL
SPECIAL WARRANTY DEED C5 r �C8
REC. MARCH 8, 2017
INST. #2017010011 400' 46' 13'W
'-�I ��-�. 46' 13'
109.51 I I 109.51'
C4 _ ) C9
w S00' 08' 15'W
-,1-1 I . 134.74'
CURVE # LENGTH RADIUS COURSE IN COURSE OUT If hI
C1 68.14' 187.50' N8076'37"W N78'54'00"E "'
02 20.78' 112.50' N78'54'00"E 589'28'55"W 2 -I
C3 2.43' 212.50 N8928'55"E N89'51'45'4 c C10
C4 2.97' 187.50' N89'51'45"W N8973'47"E
C5 23.53' 87.50' S8913'47"W N73'49'17"E o 1,1
C6 30.34' 112.50' N73'49'17"E S89'16'15"W "I SOO' 31' 05"E
C7 23.60' 87.50' N89'16'15"E S73'49'17"W in I I .. 121.68'
C8 30.26' 11250' S73'49'17"W N8973'47"E z C11
C9 3.37' 212.50' S89'13'47"W _ S89'51'45'E C2-`_ i
C10 2.15' 187.50' S89'51'45"E _ S8928'55'W ? • S11' 06' 00'E
' 82.05' NE CORNER, SE 1/4
C11 16.16' 87.50' N89'28'55"E S78'S4'00'W l /
C12 77.23° 212.50' S78'54'00"W S8076'37"E tea' U, , SECTION 36-T18N-R3E
C13 19.25' 62.50' N80'16'37"W S62'38'05"E o, N NORTH LINE
C14 25.63' 37.50' N41'06'44"W S8016'37"E C12 SE 1/4 ,,,
I
SECTION n_
TAX PARCEL N09' 43' 23"E C1--1 / 36-T18N-R3 - rn
#29-09-36-000-015.00D-01 8
CITY OF CARMEL 72. S09' 43' 23'Y �'
78'� 72.78'
SPECAL WARRANTY DEED N48' 53' 16"EC14 C13
REC. MARCH 8, 2017 1 32' SW 20' 55"W
INST. .2017010011 R Y 357.00'
I
S89' 17' 41'W 589. 17' 41'W 't g cf 1
31.85' 28.85'
POINT OF ,,,
BEGINNING
Jab No. 10258.004 The drawing is not intended to be represented
Fie No.T:\10k\10258\004\dv;e\2018\Oct 2017\10258004 undervand /5.63 as a retraament or orlynal boundary survey, a
Date 07/26/17 JJZ route survey, or a Surveyar Location Report
tUVED /we--
GRANT OF TRANSMISSION EASEMENT
In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its
successors and assigns(hereinafter referred to as"Grantee"),a perpetual,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 underground transmission 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:
Situate in Section 36,Township 18N,Range 3E,Clay Township,Hamilton County,State of Indiana;being a part of
the public road right of way of West Cannel Drive owned in fee simple by Grantor and located between land described
in Instrument No.2016035939 and in Instrument No.9809820259,both in the Office of the Recorder of Hamilton
County,Indiana(hereinafter referred to as"Grantor's Property");and being more particularly described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto and
becoming a part hereof(hereinafter referred to as the"Easement Area").
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
For Grantee's Internal Use:
Line Name/No: CARMEL GUILFORD RD SUB 545 TO CARMEL 1ST AVE SUB Site—106063
Tract No:NA
Job Control#T1553RL1
LU#
Prep/Chk:RPH/JBS Exec/Rec:
Dwg/Fac Ref.:EXHIBIT"A"
Prepared Date:9/28/18
1
23659108.1-KD 10472282 2.doc
vegetation is trimmed consistent with generally accepted arboricultural practices.
3. [Intentionally omitted.]
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;provided,if there is not an emergency situation,
Grantee has given Grantor at least fifteen(15)days prior written notice to the Department of Engineering,Attention City Engineer,One
Civic Square,Carmel,Indiana 46032 and to the Department of Law,Attention Corporation Counsel,One Civic Square,Cannel,Indiana
46032 before such removal.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein,any physical damage to the surface or subsurface
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) 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.
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.
2
23659108.1
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. Except as otherwise provided in this Easement,
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 and Grantee have entered into that certain Phases I and III Transmission Relocation Agreement effective September
20, 2017, as may be amended ("Agreement"), which incorporates by reference and attachment that certain Memorandum of
Understanding effective November 30, 2016 between Grantor and Grantee ("MOU"). To the extent a term and condition in this
Easement is inconsistent with a term and condition in the Agreement or the MOU,the order of priority in the event of said conflict shall
be in descending order as follows: (a)any Amendment to the Agreement signed by both Parties;(b)the Agreement;(c)the MOU;(d)
exhibits to the Agreement;(e)exhibits to the MOU;and(f)this Easement. Any capitalized terms used in this Easement and not defined
herein shall have the meaning ascribed to such terms in the Agreement and the MOU,as applicable.
[Signature page(s)follow.]
23659108.1
IN WITNESS WHERE ,Grantor h f�sed/his Grant of Transmission Easement to be signed by its duly authorized
representative(s),effective the day of I Y 0 V ,2019.
CITY OF CARMEL,INDIANA,Grantor
By an ough its Board of Public Works and Safety 477- -do"; -,
es Brainard,Presidingidin Officer
Date: g- i�Ztioi-4, ��/r
Lori VVatso , ember
Date: 1 ' 1/.9 ii I
41 Sice5F-ZI,IL
Mary An urke,Meu er
Date: // /,
A11 T:
• Me S.Pauley,Cl -Treas r
Date: /,C/l
,o�` a�Pc:°�% Karen E.Taylor
'2`NOTARY.%0 Hamilton County
sFA Commission:711205
STATE OF INDIANA ) �,,,,%Aip�ANP`��` Expires:March 7,2026
) SS:
COUNTY OF HAMILTON )
Before me,a Notary Public in and for said County and State,personally appeared Mayor James Brainard,Mary Ann Burke
and Lori Watson,by me known to be the Members of the City of Camel Board of Public Works and Safety, and Christine S. Pauley,
Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing "Grant of Transmission Easement" on
behalf of the City of Carmel,Indiana.
Witness my hand and Notarial Seal this (4 iay of Qi ,20
Commission Expiration: No blic Si a �—• f
I
County of Residence: -*TN IT on Notary Public+Printed
My Indiana Commission Number:1\\
This Instrument Prepared by John B.Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Ryan Hart.
Historic Fort Hanson Engineeringureyi DUKE
Indianapolis,
upOtis Avenue Surveying
Indianapolis,IN 46216 Landscape
317-826-71002 Architecture ENERGY®
• 317-826-7200 FAX GIS•LIS
Schneider Geology
Exhibit "A"
Permanent Underground Easement
Carmel UG Phase 1
Part SE 1/4, Section 36-T18N-R3E
Clay Township
Hamilton County, Indiana
Owner:
City of Carmel
(Right of way for Carmel Drive)
No Deed Found
7,669 square feet
0.176 acres +/-
Permanent Easement:
Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East of the Second
Principal Meridian in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 00 degrees 50
minutes 55 seconds East (grid bearing based on said Indiana State Plane East Zone) along
the East line of said Quarter Section a distance of 938.15 feet (all distances in this
description are horizontal ground distances) to the South right-of-way line of Carmel
Drive; thence South 89 degrees 09 minutes 07 seconds West along said South right-of-way-
line a distance of 724.80 feet to the Point of Beginning; thence continuing South 89
degrees 09 minutes 07 seconds West along said south line 46.63 feet to a point on a non-
tangent curve having a radius of 561.07 feet, the radius point of which bears North 00
degrees 50 minutes 03 seconds West; thence westerly along said curve and said south line
an arc distance of 8.40 feet to a point which bears South 00 degrees 00 minutes 23 seconds
West from said radius point, to a point on a non-tangent curve having a radius of 62.50
feet, the radius point of which bears South 38 degrees 13 minutes 23 seconds East; thence
northeasterly along said curve an arc distance of 14.38 feet to a point which bears North
25 degrees 02 minutes 23 seconds West from said radius point; thence North 64 degrees 57
minutes 37 seconds East 122.29 feet to a point on a tangent curve having a radius of 62.50
feet, the radius point of which bears South 25 degrees 02 minutes 23 seconds East; thence
northeasterly along said curve an arc distance of 26.34 feet to a point which bears North
00 degrees 53 minutes 43 seconds West from said radius point; thence North 89 degrees 06
minutes 17 seconds East 117.64 feet to a point on a tangent curve having a radius of 37.50
feet, the radius point of which bears North 00 degrees 53 minutes 43 seconds West; thence
northeasterly along said curve an arc distance of 37.06 feet to a point which bears South
57 degrees 30 minutes 56 seconds East from said radius point and the north right of way
line of Carmel Drive; thence North 89 degrees 09 minutes 07 seconds East along said north
line 27.68 feet to a point on a non-tangent curve having a radius of 62.50 feet, the
radius point of which bears North 71 degrees 35 minutes 51 seconds West; thence
southwesterly along said curve an arc distance of 77.13 feet to a point which bears South
00 degrees 53 minutes 43 seconds East from said radius point; thence South 89 degrees 06
minutes 17 seconds West 117.64 feet to a point on a tangent curve having a radius of 37.50
feet, the radius point of which bears South 00 degrees 53 minutes 43 seconds East; thence
southwesterly along said curve an arc distance of 15.80 feet to a point which bears North
25 degrees 02 minutes 23 seconds West from said radius point; thence South 65 degrees 27
minutes 32 seconds West 86.37 feet to the Point of Beginning, containing 0.176 acres, more
or less.
A.
A at,),,eieee,__ V ��
Curtis A. Candler
Registered Land Surveyor #20400030 20400030 E -
October 8, 2018 �!
4,1,E 4tAlikri<43:
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report.
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
November 1, 2017 CAC revised 10/8/18 KMV
Document No. T:\10k\10258\004\dwgs\2018\Oct 2017\Carmel Drive\10258004 Carmel Drive.doc
Historic Fort Harrison Engineering DUKE
C") Indianapolis,
Otis AvenueINSurveying
317-8npolis, IN 48218 GIS US
317-828-7110 ENERGY.
schneider 317-828-7110 FAX
Permanent Underground Easement Exhibit "A" LEGEND
Carmel UG Phase 1 E D- Permanent Easement
Part SE 1/4 Section 36-T18N-R3E
Clay Township It - Denotes Deed Line
EC
Hamilton County,Indiana -�-
or Ownership Change CORNER,
I NE
SE
Curve I Length Radius Course In Course Out (Yid North 1/4
SECTION 36—T18N—R3E
Scale l'=60'
Cl 8.40 561.07 N00' 50' 03'W SOO' 00' 23'W 0 30' 60'
11
C2 14.38 62.50 S38' 13' 231 N25' 02' 23"W I
co
C3 26.34 62.50 S25' 02' 231 N00' 53' 43'W c I
0
C4 37.06 37.50 N00' 53' 43'W S57' 30' 56'E 8 c' c*
N o I
C5 77.13 62.50 N71' 35' 51'W S00' 53' 43'E o=o o c
O 1— N al I
co co
C6 15.80 37.50 S00' 53' 43'E N25' 02' 23'W I o a N Co rn re)
I -J a C J 2 F:), W
c,17n
Line # Direction Distance 1 o 'n
o
W W Z \ Co
L1 S89' 09' 07"W 46.63' �m a ce—
L2 N64' 57' 37"E 122.29' < I S
DUKE ENERGY INDIANA, LL n' /I Z I
L3 N89' 06' 17"E 117.64' GRANT OF EASEMENT I 1—
REC MAY 10, 2018 (-2 I
L4 N89' 09' 07"E 27.68' INST. /2018019973
L5 S89' 06' 17'W 117.64' NORTH RIGHT L4
L6 S65' 27' 32"W 86.37' C3 OF WAY UNE C4 I '
1
0.176 ACRES +/- L3 --
7,669 SQ. FT. ---N,,, / 1
L5 --
C2 �'� '� WEST CARMEL DRIVE C5
_ R U C6
1 SOUTH RIGHT OF S89' 09' 07"W 724.80'
POINT OF • WAY UNE
C1 / .C\ BEGINNING TAX PARCEL
/29-09-36-402-003.000-018
MARTIN D. CURLEY FAMILY, LLC.
UKE ENERGY INDIANA, LLC REC. APRIL 20, 1998
GRANT OF EASEMENT SPECIAL WARRANTY DEED
REC JUNE 14, 2018 INST. #9809820259
INST. #2018026277
NOTE
The horaantd data shown on this surrey is based upon a
positional solution derived from Glabd Positioning System
(GPS)observntions processed by the Trimble willow RTi(
Network utiimg base station NJIAIAC. The coordinate \\\1111111111111/l//p/
e
valu shawl are in Indiana State Plane Coordinate Curtis A. Candler Q\\\\\ • /�,///j///
System East Zone on the 1983 North American Datum Registered 8 Ve a Qo4�.30 p��� o:l %
uti¢ng the Continuously Operating Reference Stations October •O�TER'••kO
(COBS)adpstment as determined by NCS(HAD 83,2011, No.
EPOCH 2010.0000, US Survey feet). Vertical Datum is North
Amerman Vertical Datum of 1988. = 20400030 _
NOTE l'•.•
STATE OF
Al beard diistances and coordinates are referenced to the ! ►:: Q��
Indiana
bearings, i' A101AN,... �
C
System. S1ate Rene —Camb'ned Scaleast Factaron ice this e NAD83) prroerdinateas This drawing is e a retracarrnent or onignd t intended to be baundn> surveyda /// �///I IUIQ1\\`�\\p\��
0.99995148. Distance shown hereon ore GROUND distances route survey.or a Surveyor Location Report
Combined Scale Factor has been applied
Job No. 10258.004 Sheet 2 of 2
Fie No.T:\101c\10258\004\dwgs\2018\0ct 2017\Carmd Drive\10258004 Camel Drive.dwg
Date 11/1/17 CAC (Revision fl 2018/10/08 101V)
Historic Fort Harrison Engineering DU
Cl KE
8901 Otis Avenue
Indianapolis, IN 48218 GLS LLS
317-828-71 Surveying
Schneider 0 it ENERGY®
317-828-7110 FAX
1
Permanent Underground Easement Exhibit "A"
LEGENDCarmel UG Phase 1
Part SE 114 Section 36-T18N-R3E �- Permanent Easement
Clay Township I R - Denotes Deed Line
Hamilton County,Indiana --
or Ownership Change CORNER,
SE 1/4
Curve }' Length Radius Course In Course Out Grid North
Scale _60, SECTION 36-T18N-R3E
1-
C1 8.40 561.07 N00' 50' 03"W SOO' 00' 23"W 0 30' 60'
11
C2 14.38 62.50 S38' 13' 23'E N25' 02' 23"W
co
43"W4.' - 3!r Dilatoal e' 56tE mr
- 62.50 N71' 35' 51.W ' 43 In
37.50 SOO' 53' 43"E ' 23"YI! ' "'o "`o' co
os
11 Distance 4 r '. $Q o 4.1
I A
1 I t •.63' tom, w�W?
•2.29' I ac�J I i g
DU 1•GY IIQDIAN ' LC E �I
��b• ' NTOFE- NT / I
1� l I II 1 `'" ' C MAY 10, 18 �'
La
NORTH RIGHT
OF WAYLINE �
27' 32' C \ C4"
""'61-76 ACR +/- } L3
7 669 SOFT. �,�� ,
11
1 L5 -
C2 I .% rv," WEST CARMEL DRIVE CS
N.
srr �:
07"W 80'
r"" 6T "-- I
Cl i ' BEGINN!Nt 1 ` I IX 7'.1 ' ' TAX PARCEL
,. /29-09-36-402-003.000-01
', MARTIN D. CURLEY FAMILY, L,
r1UKE 3 • y • .` REC. APRIL 20, 19 1- _
' GRANT I '• rs-- SPECIAL WARRANTY D -
' rREGNJUN ,.r'; w _Sr INST. #9809820251'
INST.
"ante. 4�r +_ -
NOTE:
The horizontal data shown on this survey is based upon a
positiond solution derived from Global PositionFg System
(GPS)observations processed by the Trimble wsnow RTK
Network utiizing base station INJUMC. The coor6nate
values shown are n the Indiana State Plane Coordinate
System East Zone on the 1983 North American Datum
utiizimg the Continuously Operating Reference Stations
(COBS)adjustment as determined by NGS(NAD 83,2011,
EPOCH 2O10.0000,US Survey feet). Vertical Datum is North
American Vertical Datum of 1988.
NOTE:
Ai bearings,distances and coordinates are referenced to the
Indiana State Plane - East Zone (NAD83) Caardnate This drawing is not intended to be represented
System. Combined Scale Factor for this project is as a retracement or original boundary sunny.a
0.99995148. Distances shown hereon are GROUND distances route survey,or a Surveyor Location Report
Combined Scale Factor has been applied
Job No. 10258.004 Sheet 2 of 2
Fie No.T:\1Ck\10258\004\dwgs\2018\act 2017\Camet Drive\10258004 Camel Drive.deg
Date 11/1/17 CAC (Revision fl 2018/10/08 KMV)
kipvt-4
APPROVED zMv
GRANT OF TRANSMISSION EASEMENT
In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its
successors and assigns(hereinafter referred to as"Grantee"),a perpetual,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 underground transmission 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:
Situate in Section 36,Township 18N,Range 3E,Clay Township,Hamilton County,State of Indiana;being a part of
a tract as recorded in Instrument Number 200500010925 in the Office of the Recorder of Hamilton County,Indiana
(hereinafter referred to as"Grantor's Property");and being more particularly described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto and
becoming a part hereof(hereinafter referred to as the"Easement Area").
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.
For Grantee's Internal Use:
Line Name/No:CARMEL GUILFORD RD SUB 545 TO CARMEL 1ST AVE SUB Site—106063
Tract No:NA
Job Control#T1553RL1
LU#
Prep/Chk:RPH/JBS Exec/Rec:
Dwg/Fac Ref:EXHIBIT"A"
Prepared Date:9/28/18
1
23659108.1-KD_10472282_2.doc
3. [Intentionally omitted.]
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;provided,if there is not an emergency situation,
Grantee has given Grantor at least fifteen(15)days prior written notice to the Department of Engineering,Attention City Engineer,One
Civic Square,Cannel,Indiana 46032 and to the Department of Law,Attention Corporation Counsel,One Civic Square,Cannel,Indiana
46032 before such removal.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein,any physical damage to the surface or subsurface
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) 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.
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
2
23659108.1
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. Except as otherwise provided in this Easement,
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 and Grantee have entered into that certain Phases I and III Transmission Relocation Agreement effective September
20, 2017, as may be amended ("Agreement"), which incorporates by reference and attachment that certain Memorandum of
Understanding effective November 30, 2016 between Grantor and Grantee ("MOU"). To the extent a term and condition in this
Easement is inconsistent with a term and condition in the Agreement or the MOU,the order of priority in the event of said conflict shall
be in descending order as follows:(a)any Amendment to the Agreement signed by both Parties;(b)the Agreement;(c)the MOU;(d)
exhibits to the Agreement;(e)exhibits to the MOU;and(f)this Easement. Any capitalized terms used in this Easement and not defined
herein shall have the meaning ascribed to such terms in the Agreement and the MOU,as applicable.
[Signature page(s)follow.]
3
23659108.1
IN WITNESS WHEREQF,Grantor has c this Grant of Transmission Easement to be signed by its duly authorized
representative(s),effective the (0 day of se ,2019.
CITY OF CARMEL,INDIANA,Grantor
By and through its BBooaarrd,of PubliiccWorks and Safety
ames Brainard,Presiding Officer
Date: "/``��� .2c','7
t
Lori Wattsetn,Member
Date: t1l& 111
Pi 'esJe
Mary Ann urke, /em r
Date: /7 [� �7
ATTEST:
--Z,Ci
Christine S.Pauley,Clerk(Treas er
Date: //A$bl
o:cPPY pee; Karen E.Taylor
Szr NOTARY`n' Hamilton County
sFx s Commission:711205
STATE OF INDIANA ) '4'�4,,b'iai.v..' Expires:March 7,2026
) SS:
COUNTY OF HAMILTON )
Before me,a Notary Public in and for said County and State,personally appeared Mayor James Brainard,Mary Ann Burke
and Lori Watson,by me known to be the Members of the City of Camel Board of Public Works and Safety, and Christine S. Pauley,
Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing "Grant of Transmission Easement" on
behalf of the City of Carmel,Indiana.
Witness my hand and Notarial Seal this 0-1 day of ,20 .
Commission Expiration: 3`1 acp No Public Signa ur
County of Residence: gym► \tn Notary Public-Printed
My Indiana Commission Number: 71 4 p9 uts_
This Instrument Prepared by John B.Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Ryan Hart.
Historic Fort Harrison Engineering if DUKE
Inds upOtis Avenue Surveying
Indianapolis,IN 46216 Landscape
317-826-7100 Architecture
�e ENERGY.:
317-826-7200 FAX GIS•LIS
Schneider
Exhibit "A"
Permanent Underground Easement
Carmel UG Phase 1
Part SE 1/4, Section 36-T18N-R3E
Clay Township
Hamilton County, Indiana
Owner:
The City of Carmel
Quitclaim Deed
Rec. February 24th, 2005
Instrument #200500010925
Tax Parcel #29-09-36-000-070.000-018
991 square feet
0.023 acres +/-
Permanent Easement:
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second
Principal Meridian in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northeast corner of said Quarter Section; thence South 00 degrees 13
minutes 54 seconds East (grid bearing based on said Indiana State Plane East Zone) along
the East line of said Quarter Section a distance of 1463.78 feet (all distances in this
description are horizontal ground distances); thence South 89 degrees 12 minutes 13
seconds West 696.17 feet to the Southwest corner of a tract of land described in
Instrument #2017010195 as recorded in the Office of Hamilton County Recorder's Office;
thence North 00 degrees 38 minutes 00 seconds West along the West line of said tract of
land a distance of 5.93 feet to the Point of Beginning on a non-tangent curve having a
radius of 62.50 feet, the radius point of which bears North 48 degrees 18 minutes 00
seconds East; thence Northwesterly along said curve an arc distance of 46.90 feet to a
point which bears North 88 degrees 42 minutes 36 seconds West from the radius point;
thence North 01 degrees 17 minutes 24 seconds East 35.96 feet; thence South 88 degrees 42
minutes 36 seconds East 14.14 feet to the West line of said tract of land; thence South 00
degrees 38 minutes 00 seconds East along said West line a distance of 78.63 feet to the
Point of Beginning, containing 0.023 acres, more or less.
\ otSTER"•.Q
e6\lam
Curtis A. Candler ,c-'•' No.
Registered Land Surveyor #20400030
November 1st, 2017 20400030
STATE OF
iiiirnSl�IRIV\\\\\o\oo
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
July 27, 2017 JJZ
Document No. T:\10k\10258\004\dwgs\2018\Oct 2017\7\10258004 underground easement #7.doc
‘, Historic Fort Harrison Engineering ;(------) DU
8901 Otis Avenue
IN 48216 GIS LIS
317- 2 Surveying
schneider -7100 Exhibit A ENERGY.
I(E
317-828-7110 FAX Exhibit
�� ��
Permanent Underground Easement LEGEND
Carmel UG Phase 1 I E— Permanent Easement
Part NE 1/4 Section 36-T18N-R3E
Clay Township q — Denotes Deed Line
Ownersh
Hamilton County, Indiana or4 Change
A
-%-
I
Grid North
Scale 1.-40'
0I NE CORNER, NE 1/4
SECTION 36—T18N—R3E
TAX PARCEL
129-09-36-000-070.000-018
t
THE CITY OF CARMEL,
Quitclaim Deed
REC. Feb 24, 2005
INST. /200500010925 9° I
Ni
S88' 42' 36-E - I
14.14' ``'
Ui
in
d-
ovco ±0.023 ACRES $
as 991 SQ. FT.
O 1.,,Z
g tee 42' 36'w
L=46.90' o0
R=62.50'—�� el ,$
$ POINT OF
NOD 38' 00-W BEGINNING
5.93'�...1 ..../..._____77
S89' 12' 13'W 696.17'
SOUTHWEST CORNER H
INST#2017010195 ,i
``' E
N
4 U
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A
Curtis A. Gander
NOTE: Re stered Lend Surveyor P0400 30
The horimntd data shown an this surrey is based upon a positional solution �!'�� f� �^'
derived from Giobd Positioning System (GPS) abeervotiaro processed by the November 1, 2017
Trinble wines RTK Network utflzng base station H.}1AMC. the coordinate \\\\\\11111IIIIIIIIIII//p///
Lee storm are in the Indkna State Pine Coordinate System East Zone on \ \� 1 ���//����//
ting
Stations(CURS) adpstment as determined by NGS(HAD 832011 EPOCH Reference �,` �o�ItTERe <
2010.D000, US Survey feet). Vertical Datum Is North American Vertical Datum Cs.' No.
d 1488
NOTE: Et 1= 20400030
`
NI bearings, distances and coordinate) an referenced to the Indere State STATE aFr •`.
None - East
one
Coordinate
. Combined Scale
acta tor
thisCor project
ied ScdeZ0.99995 Factor 14 b)eDistal ern os Ivan hereon Cr! 1Q.OUNDFdrstonces ///�40/llllll....1\�`�O\\\\
Job Na 10258.004 This droving is not intended to be reprnerted Sheet 2 of 2
Fie No.T:\10k\10258\004\dvgs\2018\Oct 2017\7\10258004 underground +7.dvg as a retracenent or orignai boundary survey,a
Dote 07/27/17 JJZ route survey,or a Surveyor Location Report
Fort tat, DUKE
(461 Historic 8601 Otis Avenue S
Indlanepolis, IN 48216 GIS US
917-826-7100
;J_- 917-S26-7110 FAX ENERGY.
Permanent Underground Easement LEGEND
Carmel UG Phase 1 I E D- Permanent Easement
Part NE 1/4 Section 36-T1BN-R3E
Clay Township R — Denotes Deed Line
or Ownership Change
Hamilton County,Indiana
-N-
I
Grid North
Scale 1'-40'
01 �� NE CORNER, NE 1/4
"j / SECTION 36-T18N-R3E
TAX PARCEL
/29-09-36-000-070.000-018
gmqTY OF CA4tMEL, 'lilt. I
Quitclaim Deed
REC. Feb 24, 2005
f. INST. /200500010925 O° I
S88* 42' 36"E
�
14.14'
w r--- ll �?
iol r'7 ±0.023 ACRES S
os -r..... viI 991 SQ. FT. `"
0
Zy w
g 1488'42'36'11
IA
L=46.90' I N ,
d,
R=62.50'
�b
POINT OF
NOO. 38' OO�1 BEGINNING
6 s 93'� �, i
�r°: S89' 12' 13'W 696.17'
sOUTHWEST CORNER
INST/2017010195 "`R jcc
W 6
Z H
z
J ZZ
Job No.10258.004 Ns droving is not intended to be commented
Fie No.T:\11 i\10258\004\drge\2018\Oct 2017\7\10258004 ui iswoud/7.dr9 as a retraoanait or WOW boundary surrey,a
Dote 07/27/17 dQ route surrey.ar a Surveyor Location Report
olofr
4 It
ANN
APPROVED ;.,.0114_
GRANT OF TRANSMISSION EASEMENT
In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its
successors and assigns(hereinafter referred to as"Grantee"), a perpetual,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 underground transmission 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:
Situate in Section 36,Township 18N,Range 3E,Clay Township,Hamilton County,State of Indiana;being a part of
a tract as recorded in Instrument Number 2017039953 in the Office of the Recorder of Hamilton County,Indiana
(hereinafter referred to as"Grantor's Property");and being more particularly described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto and
becoming a part hereof(hereinafter referred to as the"Easement Area").
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.
For Grantee's Internal Use:
Line Name/No: CARMEL GUILFORD RD SUB 545 TO CARMEL 1ST AVE SUB Site—106063
Tract No:NA
Job Control#T15S3RL1
LU#
Prep/Chk:RPH/JBS Exec/Rec:
Dwg/Fac Ref.:EXHIBIT"A"
Prepared Date:9/28/18
1
23659108.1-KD 10472282 2.doc
3. [Intentionally omitted.]
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;provided,if there is not an emergency situation,
Grantee has given Grantor at least fifteen(15)days prior written notice to the Department of Engineering,Attention City Engineer,One
Civic Square,Carmel,Indiana 46032 and to the Department of Law,Attention Corporation Counsel,One Civic Square,Carmel,Indiana
46032 before such removal.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein,any physical damage to the surface or subsurface
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) 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.
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
2
23659108.1
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. Except as otherwise provided in this Easement,
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 and Grantee have entered into that certain Phases I and III Transmission Relocation Agreement effective September
20, 2017, as may be amended ("Agreement"), which incorporates by reference and attachment that certain Memorandum of
Understanding effective November 30, 2016 between Grantor and Grantee ("MOU"). To the extent a term and condition in this
Easement is inconsistent with a term and condition in the Agreement or the MOU,the order of priority in the event of said conflict shall
be in descending order as follows:(a)any Amendment to the Agreement signed by both Parties;(b)the Agreement;(c)the MOU;(d)
exhibits to the Agreement;(e)exhibits to the MOU;and(f)this Easement. Any capitalized terms used in this Easement and not defined
herein shall have the meaning ascribed to such terms in the Agreement and the MOU,as applicable.
[Signature page(s)follow.]
3
23659108.1
IN WITNESS WHERE ,Grantor ha��this Grant of Transmission Easement to be signed by its duly authorized
representative(s),effective the day of (l(� , 2019.
CITY OF CARMEL,INDIANA,Grantor
By a through its Bo d of Public Works and Safety
L0� iz
es Brainard,,P- -F,-4 , /
Presiding Officer q►
Date: O �
C)�
Lori Watson, mber
Date: i ' i 6 / l
a____E.A.41
M Ann ke,Mem r
Date:
A T.
hristine S.Pauley,C erk—Treasurer
��Date: 0(/ p
1..P!_Pc"e', Karen E.Taylor
'2 NOTAHY'4ny Hamilton County
STATE OF INDIANA ) = sex Commission:711205
�' � Expires:March 7,2026
) SS: nuomm"•
COUNTY OF HAMILTON )
Before me,a Notary Public in and for said County and State,personally appeared Mayor James Brainard,Mary Ann Burke
and Lori Watson,by me known to be the Members of the City of Camel Board of Public Works and Safety, and Christine S.Pauley,
Clerk-Treasurer of the City of Cannel, who acknowledged the execution of the foregoing "Grant of Transmission Fassment" on
behalf of the City of Carmel,Indiana.
Witness my hand and Notarial Seal this 1day of ,2019
Commission Expiration: 3\ \ &Ø
o blic Si at
County of Residence: �,11 11 Y Notary Public-Prin ed
My Indiana Commission Number:1 t`a
This Instrument Prepared by John B.Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Ryan Hart.
Historic Fort Harrison Engineering DUKE
8901 Otis Avenue Surveying
Indianapolis,IN 46216 Landscape
317-826-700 Lecture Geology E N E RGY�
317-826-7200 FAX GIS'LIS
Schneider
Exhibit "A"
Permanent Underground Easement
Carmel UG Phase 1
Part SE 1/4, Section 36-T18N-R3E
Clay Township
Hamilton County, Indiana
Owner:
City of Carmel
Special Warranty Deed
Rec. August 16, 2017
Instrument #2017039953
2,592 square feet
0.060 acres +/-
Peraanent Easement:
Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East of the Second
Principal Meridian in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 00 degrees 50
minutes 55 seconds East (grid bearing based on said Indiana State Plane East Zone) along
the East line of said Quarter Section a distance of 658.15 feet (all distances in this
description are horizontal ground distances); thence South 89 degrees 09 minutes 00
seconds West 235.00 feet to the a corner of a tract of land per Instrument Number
2016035939 as recorded in the Office of the Hamilton County Recorder; thence South 00
degrees 51 minutes 00 seconds East along an east line of said tract of land a distance of
143.78 feet to the south line of a tract of land per Instrument Number 20160035939 as
recorded in said Recorder's Office; thence South 78 degrees 33 minutes 46 seconds West
along the North line of said tract of land a distance of 2.77 feet; thence South 89
degrees 09 minutes 00 seconds West along said south line a distance of 238.01 feet; thence
North 00 degrees 50 minutes 39 seconds West 336.96 feet to the Point of Beginning thence
North 00 degrees 54 minutes 42 seconds West 190.52 feet, to a point on a tangent curve
having a radius of 112.50 feet, the radius point of which bears North 89 degrees 05
minutes 19 seconds East; thence northeasterly along said curve an arc distance of 97.78
feet to a point which bears North 41 degrees 06 minutes 44 seconds West from said radius
point; thence North 48 degrees 53 minutes 16 seconds East 24.11 feet; thence North 89
degrees 17 minutes 41 seconds East 31.85 feet, to a point on a non-tangent curve having a
radius of 62.50 feet, the radius point of which bears North 62 degrees 38 minutes 05
seconds West; thence southwesterly along said curve an arc distance of 23.48 feet to a
point which bears South 41 degrees 06 minutes 44 seconds East from said radius point;
thence South 48 degrees 53 minutes 16 seconds West 25.43 feet, to a point on a tangent
curve having a radius of 87.50 feet, the radius point of which bears South 41 degrees 06
minutes 44 seconds East; thence southwesterly along said curve an arc distance of 26.37
feet to a point which bears North 58 degrees 22 minutes 46 seconds West from said radius
point; thence South 89 degrees 17 minutes 09 seconds West 3.69 feet; thence South 37
degrees 06 minutes 43 seconds West 30.73 feet, to a point on a tangent curve having a
radius of 74.99 feet, the radius point of which bears South 52 degrees 53 minutes 17
seconds East; thence southerly along said curve an arc distance of 49.68 feet to a point
which bears South 89 degrees 09 minutes 21 seconds West from said radius point; thence
South 00 degrees 50 minutes 39 seconds East 167.27 feet; to the Point of Beginning,
containing 0.060 acres, more or less.
\\\cc C
\\0IH�!11U///////
\
?.......'.. q Oi
2040.0030
Curtis A. Candler o STATE
'.
OF
Registered Land Surveyor #20400030 % if .!NOIAt 'Q���
November 1st, 2017 �i � //ryi� `V\�`\\����
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report.
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
September 21, 2017 JJZ
Document No. T:\10k\10258\004\dwgs\2018\Oct 2017\413\10258004 underground easement #4B.doc
Historic Fort Hnrriaon Engineering DI_J
8901 Otis Avenue Surveying
Indianapolis. IN 46218 GIS LIS eir---
Schneider 317-826-710 FAX �� ENERGYD
Permanent Underground Easement Exhibit "A,i
Carmel UG Phase 1 LEGEND
Part SE 1/4 Section 36-T18N-R3E E - Permanent Easement
Clay Township
d Line
Hamilton County,Indiana R -or Ownershi Denotes p Change
I
N-N62'38'05•W
N48' 53' 16"E 24.11' OUT-SC 06' 44.E N89' 17' 41"E 31.85
L=26.37'
R=87.50'
It t CITY
S89' 17' 09"W 3.69' L=23.48, MST 7039953 14‘
L=97.78' R=6250'SPECIAL WARRAfi1Y DEED
R=112.50' \ 8/1e/2017 p
S37' 06' 43"W 30.73' S48' 53' 16"W 25.43' Grid North
�.. 141 0ly 44'1 Scale 1• 100
0.060 ACRES +/— — ��\__ 22'4811 0 100'
2,592 SQ. FT. � 19�
sts2'�,>�
L=49.68' r09'21N
R=74.99'
N00' 54' 42"W 190.52'
o� S00' 50' 39"E 167.28'
r`�
TAX PARCEL 29-09-36-000-027.000-018
s I CARMEL DEVELOPMENT II, LLC - 1
a a I LIMITED WARRANTY DEED '�
REC. JULY 25, 20164.1 CD
INST. /2016035939 z''' In
_________, INST. 12017039947 o -
POINT OF BEGINNING Z W
"7 In
-CO cn
in
3 S
r�i
SOUTHEAST CORNER U,
p INST42016035939 S89' 09' 00"W
n
235.00'
or-, a-, vci
w \z
g0. W °'
I
o d Z M
O - J
i ) F 6
/
rn
W U
Z " •
S89' 09' 00'W 238.01' -'
✓ S78' 33' 46'W 2.77'
NOTE ���po�p0111111111101111//��ii7i7/,i/i�i
The horizontal data shown an this slue Is based u a Hand solution �\ \� ..STE.`ll/
Y Pan P� . .6 R D
derived from Global Positioning System (GPS)abserwtions processed by the a. .%.•tf �o•-.l�s
Trimble wsnw RTK Network ut9'¢ng base station NJIAIIC. The cocrdnote _VS No. 10
value shown are In the Indiana State Plane Coordinate System East Zone an
the 1983 North American Datum utilizing the Continroudy Operating = 204000301
1 c
Reference Stations(COBS) adjrstment as detemined by NGS(HAD 83, 2011, 7
en ' STATE Cr I
EPOCH 2010.000C US Survey feet). Vortical Datum Is North Amrican Vertical �'/,•-,!NO,AN�c'.%
Datum of 1988. // //II pI,II�14S:\\\\\`\
NOTE (-4 L� ///
10
NI bearings, Moves and coard'nates are referenced to the Indiana State
Plane - East Zone (NAM) Coordinate System. Combined Scde Factor for CAlrtls A' OOndkir
this project is 0.99995148. ITetances fasn herean are GROUND D diistences Registered Land Surveys #2O400030
Gambled Scale Factor iron bee, applied. November 1st. 2017
Job No.10258.004 This drawing is not Mended to be represented Sheet 2 of 2
Fie No.T:\10k\10258\004\dags\2018\Oct 2017\10258004 undergrand 448.60g as a rebu�rt or original boundary survey, a
Date 07/27/17 a Retired 9/20/17 CAC route survey, or a Suveya Location Repot
891 Historic Fort Harrison eyna.Q �� DUKE
Otis Avenue Surveying
schne�r Indianapolis, IN �18 G� � ENERGY.
317-828-7100
317-828-7110 FAX
Permanent Underground Easement LEGEND
Carmel UG Phase 1
Part SE 1/4 Section 36-T18N-R3E Eij- Permanent Easement
Clay Township R - Denotes Deed Line
or Ownership Change
Hamilton County, Indiana
- 11.11111WIRIal
N-1462'3r coy
N48' 53' 16"E 24.11' OUT-S4r 00'441 89" 17 41'E 31.85'
. E=87.26.3750:
S89' 17' 09"W 3.69' Q it
cur a CAMEL
L-.23.48'PER #20170' I
—Al—
L=97.78' R=62.50'SPECK wARRNIT1'ODD
R=11250'—�— \ 8/16/2017 R I
S37' 06' 43"W 30.73' S48' 53' 16'W 25.43'_ Grid Mon,
�� i441'06'44.V1 Scab r-tor
0.060 ACRES +/- 9.��,9�,T "sa rr 46""
2,592 SQ. FT. 2 5s 1n
L=49.68' ism-
09' 21w
R=74.99' .
IN00 54' 42'W 190.552'� _ .,
a S00' 50' 39'E 167.28'
= gk TAX PARCEL#29-09-36-000-027.000-018 �cc
g.;' CARMEL DEVELOPMENT II, LLC
ts'i e A UMITED WARRANTY DEED
it has m REC. DULY 25, 2016 w
INST. #2016035939 Z
MST. #2017o399a7 u , N
POINT DE BEGINNING Z W
W
i.1 L)
n u7
1. . _ �I n •
oo
i. S S89' 09' 00'W "'
135.00'
cm. / J.
w II cm.
8m ;tI
T J § N6
W U
1. + Z S89 09' O0'W 238.01' /
S78' 33' 46'W 277'
or
.er el
.lob No. tO25&.004 The drawing is not intended to be represented
Fie No.T:\10k\10258\004\dwge\2018\Oct 201 7\1 025 8 0 0 4 underground #4&d*g as aretracanent Cr arignoi ban„doy survey,a
Date 07/27/17 JJZ route survey,or a Surveyor Location Report
,fieity46;#
?�
APPROVED IA
GRANT OF TRANSMISSION EASEMENT
In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street,Plainfield, IN 46168 and its
successors and assigns(hereinafter referred to as"Grantee"), a perpetual,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 underground transmission 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:
Situate in Section 36,Township 18N,Range 3E,Clay Township,Hamilton County,State of Indiana;being a part of
a tract as recorded in Instrument Number 2017010009 in the Office of the Recorder of Hamilton County, Indiana
(hereinafter referred to as"Grantor's Property");and being more particularly described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto and
becoming a part hereof(hereinafter referred to as the"Easement Area").
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.
For Grantee's Internal Use:
Line Name/No: CARMEL GUILFORD RD SUB 545 TO CARMEL 1ST AVE SUB Site—106063
Tract No:NA
Job Control#T1553RL1
LU#
Prep/Chk:RPH/JBS Exec/Rec:
Dwg/Fac Ref.:EXHIBIT"A"
Prepared Date:9/28/18
1
23659108.1 -KD 10472282 2.doc
3. [Intentionally omitted.]
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;provided,if there is not an emergency situation,
Grantee has given Grantor at least fifteen(15)days prior written notice to the Department of Engineering,Attention City Engineer,One
Civic Square,Carmel,Indiana 46032 and to the Department of Law,Attention Corporation Counsel,One Civic Square,Carmel,Indiana
46032 before such removal.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein,any physical damage to the surface or subsurface
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) 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.
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
2
23659108.1
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. Except as otherwise provided in this Easement,
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 and Grantee have entered into that certain Phases I and III Transmission Relocation Agreement effective September
20, 2017, as may be amended ("Agreement"), which incorporates by reference and attachment that certain Memorandum of
Understanding effective November 30, 2016 between Grantor and Grantee ("MOU"). To the extent a term and condition in this
Easement is inconsistent with a term and condition in the Agreement or the MOU,the order of priority in the event of said conflict shall
be in descending order as follows:(a)any Amendment to the Agreement signed by both Parties;(b)the Agreement;(c)the MOU;(d)
exhibits to the Agreement;(e)exhibits to the MOU;and(f)this Easement. Any capitalized terms used in this Easement and not defined
herein shall have the meaning ascribed to such terms in the Agreement and the MOU,as applicable.
[Signature page(s)follow.]
3
23659108.1
IN WITNESS WHERE F,Grantor haI cf se this Grant of Transmission Easement to be signed by its duly authorized
representative(s),effective the day of 7 ,2019.
CITY OF CARMEL,INDIANA,Grantor
By and through its Boardzz of Public Works and Safety
,elolf-e. /elm ^s Brainard,Presiding Office
Date: sr ,2O/7
Lori Watson,M ber Date: i I 1 (p I i 1 q
Mary Ann urke,Mem er
Date: /
Al-PEST: f' j
Christin .Pauley,Clerk—Tr urer Date: / 1/eD b/q
itootPa!F4.. Karen E.Taylor
aar NOTARY`.c Hamilton County
e Commission:711205
i10\, Expires:March 7,2026
,soowSTATE A )
) SS:
COUNTY OF HAMILTON
Before me,a Notary Public in and for said County and State,personally appeared Mayor James Brainard,Mary Ann Burke
and Lori Watson,by me known to be the Members of the City of Camel Board of Public Works and Safety, and Christine S. Pauley,
Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing "Grant of Transmission Easement" on
behalf of the City of Carmel,Indiana.
Witness my hand and Notarial Seal this tQ�day of , 019.
Commission Expiration: 3\-1 No Public Si tur
County of Residence: ` Notary Public-Printe
My Indiana Commission Number:1 tact
This Instrument Prepared by John B. Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Ryan Hart.
Historic Fort Harrison Engineering DUKE
8901 Otis Avenue Surveying
Indianapolis,IN 46216 Landscape
317-826-7100 Architecture
317826-7200 FAX GIS*LIS- ENERGY®
Schneider Geology
Exhibit "A"
Permanent Underground Easement
Carmel UG Phase 1
Part NE 1/4, Section 36-T18N-R3E
Clay Township
Hamilton County, Indiana
Owner:
City of Carmel
Special Warranty Deed
Rec. March 8, 2017
Instrument #2017010009
Tax Parcel #29-09-36-000-008.000-018
10,470 square feet
0.240 acres +/-
Permanent Easement:
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second
Principal Meridian in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 00 degrees 13
minutes 54 seconds East (grid bearing based on said Indiana State Plane East Zone) along
the East line of said Quarter Section a distance of 1657.00 feet (all distances in this
description are horizontal ground distances) to a corner of a tract of land per Instrument
#2017010008 as recorded in the Office of the Hamilton County Recorder's; thence North 89
degrees 59 minutes 54 seconds West along an easterly line of said tract of land a distance
of 163.00 feet to a corner of said tract of land; thence South 00 degrees 13 minutes 54
seconds East along an easterly line of said tract of land a distance of 151.83 feet to the
southeast corner of said tract of land: thence North 89 degrees 55 minutes 28 seconds West
along the south line of said tract of land a distance of 229.01 feet to the southwest
corner of said tract of land; thence North 00 degrees 12 minutes 46 seconds West along the
west line of said tract of land a distance of 77.57 feet to the southeast corner of a
tract of land per Instrument #2017010009 as recorded in said Recorder's Office; thence
North 90 degrees 00 minutes 00 seconds West along the south line of said tract of land a
distance of 5.45 feet to the Point of Beginning; thence continuing North 90 degrees 00
minutes 00 seconds West along the said South line a distance of 25.00 feet; thence North
00 degrees 43 minutes 45 seconds West 105.49 feet to the point of curvature of a curve
having a radius of 87.50 feet, the radius point of which bears South 89 degrees 16 minutes
15 seconds West; thence Northerly along said curve an arc distance of 17.36 feet to a
point bearing North 77 degrees 54 minutes 16 seconds East from the radius point; thence
North 12 degrees 05 minutes 44 seconds West 15.62 feet to the point of curvature of a
curve having a radius of 112.50 feet, the radius point of which bears North 77 degrees 54
minutes 16 seconds East; thence Northerly along said curve an arc distance of 22.32 feet
to a point bearing South 89 degrees 16 minutes 15 seconds West from the radius point;
thence North 00 degrees 43 minutes 45 seconds West 45.36 feet to the point of curvature of
a curve having a radius of 37.50 feet, the radius point of which bears South 89 degrees 16
minutes 15 seconds West; thence Northeasterly along said curve an arc distance of 58.43
feet to a point bearing North 00 degrees 00 minutes 00 seconds East from the radius point;
thence North 90 degrees 00 minutes 00 seconds West 181.02 feet to the point of curvature
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
October 4, 2018 KMV
Document No. T:\l0k\10258\004\docs\10258004 underground easement #6A.doc
of a curve having a radius of 62.50 feet, the radius point of which bears North 00 degrees
00 minutes 00 seconds West; thence Northwesterly along said curve an arc distance of 44.33
feet to a point on the North line of said tract of land and bearing South 40 degrees 38
minutes 14 seconds West from the radius point being on the North line of said tract of
land; thence North 89 degrees 12 minutes 13 seconds East along said North line a distance
of 249.43 feet to the point of curvature of a curve having a radius of 62.50 feet, the
radius point of which bears South 26 degrees 16 minutes 59 seconds West; thence
Southeasterly along said curve an arc distance of 68.71 feet to a point bearing North 89
degrees 16 minutes 15 seconds East from the radius point; thence South 00 degrees 43
minutes 45 seconds East 45.36 feet to the point of curvature of a curve having a radius of
87.50 feet, the radius point of which bears North 89 degrees 16 minutes 15 seconds East;
thence Southerly along said curve an arc distance of 17.36 feet to a point bearing South
77 degrees 54 minutes 16 seconds West from the radius point; thence South 12 degrees 05
minutes 44 seconds East 15.62 feet to the point of curvature of a curve having a radius of
112.50 feet, the radius point of which bears South 77 degrees 54 minutes 16 seconds West;
thence Southerly along said curve an arc distance of 22.32 feet to a point bearing North
89 degrees 16 minutes 15 seconds East from the radius point; thence South 00 degrees 43
minutes 45 seconds East 105.81 feet to the Point of Beginning, containing 0.240 acres,
more or less.
\\\IINtlAnarinf/fet., a,dge,,_
44,Ol
Curtis A. Candler = 2040.0030
Registered Land Surveyor #20400030 STATE OF I
l O
October 8, 2018 �NDIANr•''�
i UR
r�urrrm14uit1
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report.
Schneider Corporation Sheet 2 of 2
Job No. 10258.004
October 4, 2018 KMV
Document No. T:\10k\10258\004\docs\10258004 underground easement #6A.doc
Historic Fort Harrison Engineering DU
Cl 8901 Otis Avenue Surveying
Indianapolis, IN 48218 GIS US
schneider 317-828-710010 Exhibit "A" ENERGY®
317-828-7110 FAX
Permanent Underground Easement
LEGEND
Carmel UG Phase 1
Part NE 114 Section 36-T18N-R3E �- Permanent Easement
Clay Township i R - Denotes Deed Line
or Ownership Change
Hamilton County,Indiana -%- —
I coTAX PARCEL
\1 L 129-09-36-000-008.002-018 Grid Northo o W
CITY OF CARMEL Scale 1'=60' o 'co cc
REDEVELOPMENT COMMISSION 0 30' 60' _, N$ W 6 — z
SPECIAL WARRANTY DEED II o z m o IT z°moo
REC. MARCH 9, 2017;,, <o�ce_ w cc
\ INST. 2017010195 "' X��3a; cc =MZ
\ .„%) Q m I- W H O
N89' 12' 13"E 249.43' I "-"
\ - - - — — o CL zN W
—� — rn
-� ' o
C4� 7 ' \ N90' 00' 00'W 181.0- �C c 5 o
0.240 ACRES +/— ej_1,7 �\ co
51 10,470 SQ. i T. /I- - W
I SOO' 43' 45 E
R o N00' 43' 45 W 45.36' In
EASEMENT TO PSI ENERGY, INC 45.36'-1
W RECORDED 2/23/2006 INSTRUMENT C6 CD
o I
-o 1200600009067 C2 N
W cr ��
ce.c TAX PARCEL N12' 05' 44"W S12' 05' 44'E Lc,$
Z /29-09-36-000-008.000-018 15.62' 15.62'
in CD
CITY OF CARMEL
_ SPECIAL WARRANTY DEED Z
REC. MARCH 8, 2017 C1 I I C7
I INST. 12017010009
EASEMENT TO CITY OF CARMEL UTILITIES, N00' 43' 45'W C S00' 43' 45"E
PUBUC SERVICE OF INDIANA, INDIANA BELL 105.49'. (105.81'
RECORDED 11/14/1986 BOOK 4, PAGE 639
— — — 4,- --•A N90' 00' 00"W
f 25.0 I �;
R I L..,�_
CURVE I LENGTH RADIUS COURSE IN COURSE OUT 3 I ;,,
C1 17.36' 87.50' S8916'15"W N7754'16"E o z 3 -,r,
C2 22.32' 112.50' N7T54'16"E S89'16'15'W 1- z Q N
C3 58.43' 37.50' S89'16'15"W N00'00'00"E a m - a, — —
b
C4 44.33' 62.50' N00100'00"W S4038'14"W Z
C5 68.71' 62.50' S2616'59"W N8916'15"E `-
C6 17.36' 87.50' N89'16'15"E S77'54'16"W N89' 55' 28'W
C7 22.32' 112.50' 577'54'16-W N8916'15"E 229.01'
NOTE Clrtis A. Calder
The horizontal data shown on this survey is based upon a positiond solution Registered Lend Surveyor
011111111111//////
Tr �derived mow�Positioning
uui��station observations
processed d'mate values October 8th, 2018 \�� S A c
North American Datum utilizishown are in the Worm ng the Con Plane tinuously
Sy E Reference Stations ast Zone on the 1983 \\\Clk•SO Eke,.
9 Y Operating ;F O.l`n
(CIRS)odpstment as determined by NGS(MAD 83, 2011, EPOCH 2010.0030,us = N0. :A
Survey feet). Vertical Datum is North Americas Vertical Datum of 1988. - i
20400030
NOTE STATE OF
M bearngs, distances and coordinates ore referenced to the Indiana State Plane it ! r..' Q��
is- East Zone
Coordinate
actor for This project
.99995148,NDista)ces shown hereon GROUND dst. Combined Scale aances Combined Scale ///�e//SU/llllljj11jj111\\\\` \\\\\\
Factor has been applied
Job No. 10258.004 This drawing is not intended to be represented Sheet 2 of 2
Fie No.T:\1ok\10258\004\dwgs\10258004 underground f6A.dwg as a retracement or original boundary survey,a
Date 07/26/17 JJZ (Revision 0 10/02/18 101V) route srvey,or a Surveys Location Report
Historic Fort Harrison Engineering DUKE
Otis Avenue Surveying
Indianapolis. IN 48218 GIS US
317-828-7100 t'd
Schneider 317-828-7110 FAX E t"1 E R Y.
Permanent Underground Easement LEGEND
Carmel UG Phase 1
Part NE 114 Section 36-T18N-R3E �- Permanent Easement
Clay Township It - Denotes Deed Line
Hamilton County,Indiana or Ownership Change
A
4 ( TAX PARCEL -Ai- co29-09-36-000-008.002-018 c o w
I CITY OF CARMEL 1 o 0 co - i v re
REDEVELOPMENT COMMISSION Grid North ad�>o o z co .-z I
SPECIAL WARRANTY DEED Scale 1'=60' Co c a co c. '
N REC. MARCH 9, 2017 In 0 30. 60, cl_o s,F o z i l
L. INST. #2017010195 " I xc'o3¢� gz �"�'
\ \ N89' 12' 131 249.43' j 0¢ N W U
jQ] �- OI x— Z W N
� — N (n V1
I
Cliti_ \ N90' 00' 00"W 181.0i._,..7._/
\ °r I
0.240 ACRES +/ \ \10,470 SQ. FT. �� — - -- W
S00' 43' 45
J N00' 43' 45'W 45.36' in
CD EASEMENT TO PSI ENERGY, INC 45.36' b
—�
w o' RECORDED 2/23/2006 INSTRUMENT ( L .:::
Si"'
<" TAX PARCEL N12' 05L6I CIS
' 44"W S12' 05' 44'E -
#i29-09-36-000-008.000-018 15.62' 15.62'
CITY OF CARMEL Zy, `c) -T
_ SPECIAL WARRANTY DEED �� co
z I
REC. MARCH 8, 2017 Cl C7
X INST. 12017010009 I
EASEMENT TO CITY OF CARMEL UTILITIES, NO0' 43' 45'W I 43' 45"E (
PUBLIC SERVICE OF INDIANA, INDIANA BELL 105.49' j 5.•61'
RECORDED 11/14/1986 BOOK 4, PAGE 639
cc,
— — — 4- N 90' 00' 00"W
ill-. r I25.00'
'E IENGTH C(x t -OUT-T
of M
b.
C2 32' 112.`,0' N775'4.16T SEIV1G-15Tf F— z iri N
C3 -',8 43 M`t) S 'Pb`15 W t4011-1Xt'00'E 'a m - z `— — —
C4 -' O' _ Z ��
C5 h7 r-16 - t89'i6'3 �-
C6 87. _577 N89' 55' 28'W
C7 112.50' - 4 229.01'
Job No. 10258.004 This drawing is not intended to be represented
Fie No.T:\10k\10258\004\drgs\10258004 underground/6Adrg as a retracement or original boundary survey, a
Date 07/26/17 JJZ (Revision/1 10/02/18 IOW) route survey,or a Surveyor Location Report
ady
APPROVED S-
GRANT OF TRANSMISSION EASEMENT
In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby
acknowledged, CITY OF CARMEL, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its
successors and assigns(hereinafter referred to as"Grantee"), a perpetual,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 underground transmission 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:
Situate in Section 36,Township 18N,Range 3E,Clay Township,Hamilton County,State of Indiana;being a part of
a tract as recorded in Book Number 324, Page 604 in the Office of the Recorder of Hamilton County, Indiana
(hereinafter referred to as"Grantor's Property");and being more particularly described as follows:
Said easement area being described and shown on a survey drawing marked Exhibit "A", attached hereto and
becoming a part hereof(hereinafter referred to as the"Easement Area").
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.
For Grantee's Internal Use:
Line Name/No: CARMEL GUILFORD RD SUB 545 TO CARMEL 1ST AVE SUB Site—106063
Tract No:NA
Job Control#T1553RL1
LU#
Prep/Chk:RPH/JBS Exec/Rec:
Dwg/Fac Ref:EXHIBIT"A"
Prepared Date:9/28/18
1
23659108.1 -KD 10472282 2.doc
3. [Intentionally omitted.]
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;provided,if there is not an emergency situation,
Grantee has given Grantor at least fifteen(15)days prior written notice to the Department of Engineering,Attention City Engineer,One
Civic Square,Carmel,Indiana 46032 and to the Department of Law,Attention Corporation Counsel,One Civic Square,Carmel,Indiana
46032 before such removal.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein,any physical damage to the surface or subsurface
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) 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.
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
2
23659108.1
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. Except as otherwise provided in this Easement,
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 and Grantee have entered into that certain Phases I and III Transmission Relocation Agreement effective September
20, 2017, as may be amended ("Agreement"), which incorporates by reference and attachment that certain Memorandum of
Understanding effective November 30, 2016 between Grantor and Grantee ("MOU"). To the extent a term and condition in this
Easement is inconsistent with a term and condition in the Agreement or the MOU,the order of priority in the event of said conflict shall
be in descending order as follows: (a)any Amendment to the Agreement signed by both Parties;(b)the Agreement;(c)the MOU;(d)
exhibits to the Agreement;(e)exhibits to the MOU;and(f)this Easement. Any capitalized terms used in this Easement and not defined
herein shall have the meaning ascribed to such terms in the Agreement and the MOU,as applicable.
[Signature page(s)follow.]
23659108.1
IN WITNESS WHEREOF,Grantor has/caus d this Grant of Transmission Easement to be signed by its duly authorized
representative(s),effective the day of /V ,2019.
CITY OF CARMEL,INDIA A,Grantor iet*
d through its Board of Public Works and Safety
� 2
- / ./7'C-",Brainard,Presiding Officer
Date: 7 cr),_e ,0/7
Lori Watson,M- ,,I-r
Date: 1 t 1 4 1 I T
&`—X`-'4'
Mary urke,M mbe
Date:
A T:
C 'sun . auley,Clerk reasurer
Dat . /11(p117
0VPu',�
,�P,.._... Karen E.Taylor
2i NOTARY.�icc Hamilton County
sEu Commission:711205
,,;,O��A N\P.�� Expires:March 7,2026
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON
Before me,a Notary Public in and for said County and State,personally appeared Mayor James Brainard,Mary Ann Burke
and Lori Watson, by me known to be the Members of the City of Camel Board of Public Works and Safety, and Christine S. Pauley,
Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing "Grant of Transmission Easement" on
behalf of the City of Carmel,Indiana. �,,
Witness my hand and Notarial Seal this l ti day of 2019.
Commission Expiration: 3 Not Public Si n
County of Residence: Notary Public -Prin d
My Indiana Commission Number: It .a,,et
This Instrument Prepared by John B. Scheidler, Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Ryan Hart.
Historic Fort Harrison Engineering DUKE
Indianapolis,
apoOtis Avenue Surveying
Indianapolis,IN 46216 Landscapecfs
317-826-7100 Architecture ENERGYR)
317-826-7200 FAX GIS•LIS
Schneider Geology
Exhibit "A"
Permanent Underground Easement
Carmel UG Phase 1
Part NE 1/4, Section 36-T18N-R3E
Clay Township
Hamilton County, Indiana
Owner:
City of Carmel
Warranty Deed
Rec. January 28`", 1981
Book 324, Page 604
5,520 square feet
0.127 acres +/-
Peraanent Easement:
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second
Principal Meridian in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 00 degrees 13
minutes 54 seconds East (grid bearing based on said Indiana State Plane East Zone) along
the East line of said Quarter Section a distance of 1657.00 feet (all distances in this
description are horizontal ground distances) to a corner of a tract of land per Instrument
#2017010008 as recorded in the Office of the Hamilton County Recorder's; thence North 89
degrees 59 minutes 54 seconds West along an southerly line of said tract of land a
distance of 163.00 feet to a corner of said tract of land; thence South 00 degrees 13
minutes 54 seconds East along an easterly line of said tract of land a distance of 151.83
feet to the southeast corner of said tract of land: thence North 89 degrees 55 minutes 28
seconds West along the south line of said tract of land a distance of 229.01 feet to the
southwest corner of said tract of land; thence North 00 degrees 12 minutes 46 seconds West
along the west line of said tract of land a distance of 77.57 feet to the southeast corner
of a tract of land per Instrument #2017010009 in said Recorder's Office; thence North 90
degrees 00 minutes 00 seconds West along the south line of said tract of land a distance
of 5.45 feet to the Point of Beginning; thence continuing North 90 degrees 00 minutes 00
seconds West along the said South line a distance of 25.00 feet; thence South 00 degrees
43 minutes 45 seconds West 220.80 feet to the north line of Instrument # 2017010011 in
said Recorder's Office; thence North 90 degrees 00 minutes 00 seconds East along said
north line 25.00 feet; thence North 00 degrees 43 minutes 45 seconds West 220.80 feet to
the Point of Beginning, containing 0.127 acres, more or less.
Oniprinnraiiiiiy�i,,���
R Ol .
C4-A-• 4:?•-•rkutd-'4"1-- No.
Curtis A. Candler
Registered Land Surveyor #20400030 _ 2040.0030 __
November 1st, 2017 STATE OF
11 .'NDiAHr
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report.
Schneider Corporation Sheet 1 of 2
Job No. 10258.004
July 26, 2017 JJZ
Document No. T:\l0k\10258\004\dwgs\2018\Oct 2017\Civic\10258004 underground easement
Civic.doc
Historic Fort Harrison Engineering --Ir DIJ KE
8901 Otis Avenue Surveying
Indianapolis, IN 48218 GIS US
schneider 317-828_71 Exhibit "A" ENERGY.
317-828-7110 10 FAX
Permanent Underground Easement LEGEND
Carmel UG Phase 1
Part NE 114 Section 36-T18N-R3E E - Permanent Easement
Clay Township Q - Denotes Deed Line
O
Hamilton County.Indiana orIP Change
1 Nit... .. I
W
N Nis.d/— — T Z Wi �1
Z
_l_ W c0 �
A ZM Z WI
EASEMENT TO PSI ENERGY, INC I I —� -. ~ 6
L a �
RECORDED 2/23/2006 INSTRUMENT Z 5 ``' o
1200600009067 I I Grid North al
Scab 1'=60'
TAX PARCEL 0 ' 60' S
#29-09-36-000-008 000-018 \ 30 Ln Ln ,-;
CITY OF CARMEL `o
SPECIAL WARRANTY DEEDco
REC. MARCH 8, 2017 I I Z I
INST. #2017010009 ILL,
I
EASEMENT TO CITY OF CARMEL UTIUTIES I I u,oa
N90' 00' 00"W
PUBLIC SERVICE OF INDIANA, INDIANA BELL I I w o E;
17
RECORDED 11/14/1986 BOOK 4, PAGE 639 — 25.00' — S,: Z
rv,Z m U p
I I Q^O
N
D W
t
POINT OF N90' 00' 00'W cn
BEGINNING �,� ^ 5.45' 'r'
CITY OF CARMEL / �� ,f'� N S
WARRANTY DEED / »// �� 8 ^ N89' 55' 28'W
REC. Jan 28, 1981 0.127 ACRES +/— �.,� Z
Book 324, Page 604 �I aD'e 229-� ��
Tract A & B 5,520 SQ. FT. of 1
GRADLE DR LL,' , I
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_
CIVIC SQ NORTH LINE
INST,f201 701 0011
�l J�Y' ������N1utANungiiiiiiidi
N90' 00' 00"E 25.00'J Q�� ,o`'7f �'�O
NOTE \V '� No. oil
The horizontal data stem an this survey is based upon a positional solution derived from 20400030 •` _
Dobai Paslicing System(PS)observations processed by the Trimble wave RMK = TATE F ,
Network Wising base station N_HAUG The coordinate vahms stews are in the Irndbna sTA�` a
State Plane Coordinate System East Zane on the 1983 North Amsican Datum Man
g tizng 3'�`''•..�N�DUaRMU�•C',�'�0�
(HAD the 83 2011,,yEPO(H 291900000 US Staters
feet).SVeri adjustment is North Am determined ey NGSrican
'/ ur1111111D11t t�\``\\\�
Vertical Datum of 1988.
NOTE: A
All barings, distances and coordinates are reieraxed to the Index State Plane - East r-'
Zane (NAD83) Coordinate System. Combined Scale Fodor for this project is 0.99996148. curt1S A. carder
Distances shown hereon ore GROUND distances Combined Scale Factor has been applied. Registered LInd $uVEyOr 120400030
Job Na 10258 004 NOVOO�R 1ST, 2017
Fie No.T:\10k\10258\004\degs\2018\0et 2017\10258004 undergound Chic.* This dov^9 is not ntaded to be represented Sheet 2 of 2
Date 07/26/17 J�REV 11�1/17 CAC as a retrocement or uigix bandory sney, a
route survey, or a Surveys Location Report
Historic Fort Harrison Engineering DLJ8901 Otis
Surveying
Indianapolis, IN
517-826-7100 ,_______.AligiN)
schneider 317-828-7110 FAX Exhibit "A" EN ERGY.
Permanent Underground Easement LEC380
Carmel UG Phase 1
Part NE 1/4 Section 36-T18N-R3E [22— Permanent Easement
Clay Township Ft — Denotes Deed Line
or Ownership Change
Hamilton County,Indiana _
N isgi ..,\ • „ix ,.w......
N ,
i� WE ,nI i ...... , ,
u— — A
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Z y,l
EASEMENT TO PSI ENERGY, INC
zr a ^
RECORDED 2/23/2006 INSTRUMENT ``'1}j 8
1200600009067 I I Grid Nor rn
Scale 1'= 3
TAX PARCEL 0 30' erf g
129-09-36-000-008.000-018 \ n ,
CITY OF CARMEL `D I
SPECIAL WARRANTY DEED ce z
REC. MARCH 8, 2017 I ce i
INST. /2017010009 I rn5�
EASEMENT TO CITY OF CARMEL UTILITIES, DO' 00'W a^5
N90' 6
POBUC $fRWCE OF INDIANA, INDIANA BELLW N E5
RECORDED 11/14/1986 BOOK 4, PAGE 639 \N2SMO— ' -
on
F N N.
O
W o
POINT OF 3 N90 00' DOaW t
BEGINNING 5.45'
CITY OF CARMEL / i $
RECR Jan 28 1981 /WARANTY DEED
z N. N89' 55' 28'W
Book 324, Page 604 0.127 ACRES +/— - , 229.01' ,
Tract A & B 5,520 SQ. FT, co
r; o
CV CN
N N
GRADLE DR " ,,,
—04 -
N Z
J wk
CNORTH UNE
CIVIC SQ
INST42017010011
N90' 00' OO"E 25.00'1
NOTE:
The horizontal data sheen an this survey is based upon a positional solution derived from
Gobal Positeerng System(CPS) observations processed by the Trimble vrsnoe RIX
Neteork utilizing base station N_HAUG The moth-ate dues shown ore in the Indiana
State Plane Coordinate System East Zane an the 1983 North American Datum ullizing
the Conthuously Operating Reference Stations(CCRS)adjustment at determined by KS
(NAD 83,2011, EPOCH 2010.0000,US Survey feet). Vertical Datum is North American
Vertical Datum of 1988.
NOTE:
All bersinga 63tan:es and coordinates are rekreced to the Indiana State Plane — East
Zane (NAD83) Coordinate System. Combined Scde Factor for the project is 0.99995148.
Distances shown hereon ore GROUND distances Combined Scale Facia has been applied.
Job Na 10258.004
This
Fie No.T:\10k\10258\004\degs\2018\Oct 2017\10258004 underground Chic.* �ow^9 is not intended to be represented Sheet 2 of 2
Date 07/26/17 JJZ REV 11/1/17 CAC as a retrooerent a arigial bwday surrey, o
route survey, er a Surveyor Location Report