2nd St. SW Overhead Easement-Duke Energy2007061352 EASEMENTS $31.00
10/30/2007 09:33:57A 9 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPROVED AS TO FORM BY
GRANT OF UNDERGROUND EASEMENT AGREEMENT
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 (hereinafter referred to as "Grantor hereby grant(s) unto DUKE ENERGY INDIANA, INC.,
an Indiana corporation and its successors and assigns (hereinafter referred to as "Grantee a perpetual, non- exclusive easement to
construct, reconstruct, operate, patrol, maintain, repair, replace, relocate, add to, modify and remove, electric, and /or
telecommunication line or lines including but not limited to, all necessary and convenient conduits, wires, cables, manholes, pullboxes,
grounding systems, counterpoises, and all other appurtenances, fixtures and equipment (hereinafter referred to as the "Facilities for
the underground transmission and distribution of electrical energy, and for technological purposes (including but not limited to
telecommunications), in, along, under, through and across the following described real estate:
Situate in Section 25, Township 18 North, Range 3 East, Clay Township, Hamilton County, State of Indiana;
recorded in Deed Book 318, Page 96 and 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. Grantor has constructed a linear park and recreational trail (the "Trail which includes the Easement Area. Grantee
understands and recognizes that the Trail is open to the public and that Grantee must coordinate its use of the Easement Area with the
Grantor as provided herein and provide for the safety of Trail users during such time as Grantee is exercising its rights hereunder.
2. The Facilities shall consist of underground lines. Grantee shall have no right to construct any improvements, above
ground structures or supporting structures (such as a tower or pole on the surface of the Easement Area).
3. 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) when exercising Grantee's
rights hereunder.
For Grantee's Internal Use:
Line Name /No: Dist. Circuit 1261, 1263, 1265
R/W Tract No:1
Job #870558
LRIS #29553
Prep /Chk: nah/klb Exec /Rec:
Dwg/Fac Ref.: Exhibit A
Prepared Date: 8/27/07
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4. Grantee shall not clear or trim any trees, roots, brush, vines, overhanging limbs or other vegetation or obstruction from on,
in or above the surface of the Easement Area without the prior written consent of the Grantor, which consent shall not be unreasonably
withheld. It shall not be unreasonable for Grantor to withhold its consent to any such clearing until Grantee presents a valid public
safety, or facilities reliability concern in support for such clearing or trimming. After consultation with Grantor and Grantor's written
consent, 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. All trimming of vegetation by Grantee shall be completed using generally
accepted arboricultural practices.
5. 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,
although it may have in the past been traversed by a railroad and /or an interurban line
6. Grantor shall not place, or permit the placement of any obstructions, within the Easement Area which may unreasonably
interfere with the exercise of the rights granted herein to Grantee. Upon notice to Grantor as provided in Paragraph 11, Grantee shall
have the right to remove any such obstruction.
7. Excluding the removal of vegetation and obstructions as provided herein, any physical damage to the surface area of the
Easement Area and the adjoining land of Grantor's Property resulting from the exercise of the rights granted herein to Grantee, shall be
promptly paid by Grantee, or repaired or restored by Grantee to a condition which is reasonably close to the condition it was in prior to
the damage, all to the extent such damage is caused by Grantee or its contractors, employees or agents. In the event that Grantee does
not, in the opinion of Grantor, satisfactorily repair any such damage, Grantor must, within one hundred eighty (180) 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 to construct
improvements in and on the Easement Area and change, by grading or otherwise, the surface of the Easement Area in connection with
the development, repair or modification of the Trail and shall comply with all applicable codes when making use of the land near the
Facilities. Any activities of Grantor pursuant to this paragraph shall be coordinated with Grantee's use of the Easement Area and in a
manner as such that they will not materially interfere with or obstruct, and will not damage the Facilities.
9. Notwithstanding anything to the contrary contained herein, Grantor shall not, without the prior written consent of
Grantee, which consent shall not be unreasonably withheld or delayed (a) construct or install, or permit the construction or installation
of any building or house, upon the Easement Area; or (b) excavate or place, or permit the excavation or placement of any dirt or other
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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. The respective rights and duties herein of Grantor and Grantee shall inure to the benefit of, and shall be binding upon
the respective successors, assigns, heirs, personal representatives, lessees, licensees, and /or tenants of Grantor and Grantee. Easement,
Grantor and Grantee, as used herein, shall be deemed to be plural, when required to be so. The exercise of any or all of the rights and
privileges of Grantee set forth herein, shall be at the sole discretion of Grantee.
11. The Easement consented to by Grantor herein shall not be modified without the prior written consent of Grantor, which
consent shall not be unreasonably withheld. It shall not be unreasonable for Grantor to withhold its consent if, for example, the
modification materially impairs the use, development or operation of the Trail, or violates any other agreement or covenant applicable
to the Trail.
12. Grantee shall not disturb any pavement or other surface covering, any subsurface bedding, any drainage patterns, any
improvements and /or any utilities or other lines laid, constructed or placed by or on behalf of the Grantor in connection with the Trail.
However, and subject to the requirements of this Easement, in the event it is reasonably necessary for Grantee's use and operation of
the Facilities to disturb any improvements (including, but not limited to, pavement or other Trail surfaces, benches, signs, bollards, rail
guides, trash bins, telephone enclosures, fences and landscaping) constructed or installed by or on behalf of the Grantor in connection
with the Trail, Grantee shall, at its own cost and expense, promptly repair or replace such improvements and return the property to its
condition immediately before being disturbed by Grantee or to such other condition as agreed upon, in writing, by the parties hereto.
13. Except as is necessary for the performance of bona fide unscheduled and unforeseen emergency repairs, Grantee shall
provide fifteen (15) days advance written notice to the Director of the Carmel Communications Center at 31 First Avenue, N.W.,
Carmel, IN 46032, (317) 571 -2586, the Office of the Mayor, City Hall, One Civic Square, Carmel, IN 46032, (317) 571 -2401, and the
Carmel Clay Parks Department at 1055 3rd Avenue Southwest, Carmel, IN 46032, (317) 571 -7275, prior to entering on the Easement
Area and the Trail to conduct any activities within the Easement Area and /or the Trail in connection with Grantee's use and operation
of its Facilities. Such notice shall include description of the type and location of such repair and an anticipated timeframe for
completion of such repair. Grantee shall use its best efforts to coordinate and time such activities with Grantor in order to minimize
any interference with the use of the Trail. Except as is necessary for the performance of bona fide unscheduled and unforeseen
emergency repairs, Grantee shall not conduct any activities, pursuant to this Easement, in connection with Grantee's use and operation
of its Facilities during periods of peak use of the Trail, which shall include, but not be limited to, all holidays and weekends. From
time to time, Grantor shall give notice to Grantee of other specific dates and hours of peak Trail use. Grantee shall comply with all
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applicable rules, regulations, codes, ordinances and guidelines for the erection of barricades and the posting of appropriate warnings to
restrict access to any area of construction being performed by Grantee (the "Guidelines in, on or over the Easement Area.
Notwithstanding the foregoing, Grantee shall comply with Grantor's rules and regulations regarding the use of the Trail unless such
rules and regulations conflict with the Easement grant or applicable federal or state laws or codes. In the event of bona fide
unscheduled and unforeseen emergency repairs, Grantee shall provide as much notice as possible to Grantor, by contacting
telephonically and by facsimile transmission the Director of the Carmel Communications Center at 31 First Avenue, N.W., Carmel IN
46032, (317) 571 -2586 and the Chief of Police at Carmel Police Headquarters at 3 Civic Square, Carmel, IN 46032 (317) 571 -2500.
Grantee shall also comply with the Guidelines in the event of an emergency.
14. Grantee shall indemnify, defend and hold harmless Grantor, its officers, officials, employees, attorneys and agents, from
and against any loss, damages, injuries or liability, arising directly or indirectly, in whole or part, from Grantee's actions near or upon,
or Grantee's use of, the Easement Area. Grantee shall maintain adequate public liability and property damage insurance covering
Grantee's activities within the Easement Area, Grantor's Property and the Trail. Grantee may self insure for such obligations provided
that Grantee's net worth exceeds $25,000,000.00 and such self insurance is maintained consistent with all applicable laws, rules, codes
and ordinances. At Grantor's request, Grantee shall provide satisfactory evidence of such insurance to Grantor.
Signature page(s) follow.
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IN WITNESS WHEREOF, Grantor has caused this Grant of Easement Agreement to be signed by its duly
authorized representative(s), effective the aan day of OC -O V.Za 2007.
DUKE ENERGY INDIANA, INC.
istina L. Breeding
Manager, Right of Way
Date: 10 1a a.k
5
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD
OF PUBLIC WORKS AND SAFETY
Cep
ames Brainard, Pr,
Date: /U
Mary
Date:
0
Lori Watson, M
Date:
ATTEST:
Tana Cordray,nr!
Date:
rlce„NIei er 07
(9 .1
STATE OF INDIANA
SS:
COUNTY OF HENDRICKS
Personally appeared before me this day ',fit j./jf10a; i Mer £f•,0cjr(, z (a) duly authorized representative(s) of Grantee and
acknowledged the signing of this Grant of Easement to be a voluntary act and deed for and on behalf of Grantor, and having, been duly
sworn/affirmed, state(s) that any representations contained therein are true to the best of their personal knowledge. ,,.s""
o J ;z
4.
WITNESS my hand and notarial seal, this a"). day of C)(1 \)L 1 2007.
My Commission Expires: k, \I
My County of Residence: t
Signed Name:
Printed Name:
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. Nancy A. Hargrave
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STATE OF INDIANA
COUNTY OF HAMILTON
Personally appeared before me this day James Brainard, Mary Ann Burke an Lori WW. son by me known, and by me know to be the
Members of the City of Carmel Board of Public Works and Safety, and Ierk- reasurer of the City of Carmel, who
acknowledged the execution of this Grant of Overhang Easement Agreement on behalf of the City of Carmel, Indiana.
WITNESS my hand and notarial seal, this L`1 day of
My Commission Expires:
My County of Residence:
SS:
L f� /ed 9 Signed Name:
Printed Name:
,2007. S P(j-
e 1; ;DIAtJA
5
S00'53'12 "E
20.00'
Schneider
Permanent Easemet
Monon Easement
Pt SE 114 Sec 25-18N-3E
Clay Township
Hamilton County, Indiana
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VD CD
Historic Fort Harrison
8901 Otis Avenue
Indianapolis, IN 46216
317 826 -7100
317 -826 -7110 FAX
2ND STREET
S89'00'44 "W 24
PEjAfA tKr30tENT
N89'00'44 "E
212.95'
S89'43'53 "W
5.00'
NOTE:
The horizontal data shown on this survey are
based upon a positional solution derived from
Global Positioning System (GPS) observations
processed by National Geodetic Survey (NGS)
utilizing their Online Positioning User Service
(OPUS) software. The coordinate values shown
are in the Indiana State Plane Coordinate
System East Zone on the 1983 North American
Datum utilizing the Continuously Operating
Reference Stations (CORS) adjustment as
determined by NGS (NAD 83, CORS 96, EPOCH
2002 -000, US Survey feet).
NOTE:
All bearings, distances and coordinates are
referenced to the Indiana State Plane East
Zone (NAD83) Coordinate System. Combined
Scale Factor for this project is 0.99995156.
Distances shown hereon are GROUND distances
Combined Scale Factor has been applied.
Job No. 6300.003
File No. S: \6k \6300 \003 \dwgs \6300.003e.dwg
Date 08/21/07 laj 9/13/07 rev cmc
(11/112
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Engineering
Surveying
Architecture
GIS US
Geology
Exhibit "A"
SW SOUTH RIGHT -OF -WAY LINE
2 OF 2ND STREET SW
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N89'43'53"
35.00'
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Energy o
CARMEL RENTALS, INC.
WARRANTY DEED
FEBRUARY 6TH, 1970
BOOK 234, PAGE 64
16- 09- 25- 16 -05- 009.000
S89'43'53 "W
35.00'
N00'53'12 "W
40.01'
Grid North
Scale 1 =100'
N89'43 53 E
35.00' SOUTH CONSTRUCTION COMPANY, INC.
CORPORATE WARRANTY DEED
MARCH 14, 2007
INSTR #2007016483
16 -09- 025- 04 -04- 001.000
589'43'53 "W ,.179.05' 589'43'53 "W 540.00'
POINT OF BEGINNING
This drawing is not intended to be represented
as a retracement or original boundary survey, a
route survey, or a Surveyor Location Report
SOUTHEAST CORNER,
SE 1/4 OF SEC. 25- 18N -3E
Sheet 1 of 2
Schneider
PERMANENT EASEMENT
Coralino L. Candler
Registered Land Surveyor #20400008
August 24, 2007
Job No. 6300.003
File No. S: \6k \6300 \003 \dwgs \6300003e.dwg
Dote 08/21/07 laj rev cmc 9/13/07
Historic Fort Harrison Engineering
8901 Otis Avenue Surveying
Indianapolis, IN 46216 Architecture
317 826 -7100 GIS LIS
317- 826 -7110 FAX Geology
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana,
described as follows:
Commencing at the Southeast Corner of said quarter section; thence North 00 degrees 00 minutes 10 seconds
West (bearing system based upon Indiana State Plane Coordinate System East Zone North American Datum
1983) along the east line of said quarter section a distance of 1231.80 feet; thence South 89 degrees 43
minutes 53 seconds West a distance of 540.00 feet to the southeast corner of a tract of land described in
Instrument Number 2007016483 in the Office of the Recorder of Hamilton County, Indiana; thence continuing
South 89 degrees 43 minutes 53 seconds West along the south line of said tract a distance of 179.05 feet to
the Point of Beginning, said point being on the east right —of —way line of the former Monon Railroad as
described in Instrument Number 200500010925 (the following three courses being along the easterly lines of said
former Monon Railroad); (1) thence North 00 degrees 53 minutes 12 seconds West a distance of 150.00 feet;
(2) thence North 89 degrees 43 minutes 53 seconds East a distance of 35.00 feet; (3) thence North 00
degrees 53 minutes 12 seconds West a distance of 40.01 feet; thence South 89 degrees 43 minutes 53
seconds West a distance of 35.00 feet; thence North 00 degrees 53 minutes 12 seconds West along the
northerly extension of said easterly line and said easterly line a distance of 477.76 feet to the south
Right —of —Way line of Second Street S.W.; thence South 89 degrees 00 minutes 44 seconds West along said
Right —of —Way line a distance of 242.95 feet to the northwest corner of a tract of land described in Deed Book
318, Page 96; thence South 00 degrees 53 minutes 12 seconds East along the west line of said tract a
distance of 20.00 feet; thence North 89 degrees 00 minutes 44 seconds East parallel with the said
Right— of —Woy line a distance of 212.95 feet; thence South 00 degrees 53 minutes 12 seconds East parallel with
the east line of said former Monon Railroad a distance of 457.38 feet; thence South 89 degrees 43 minutes 53
seconds West a distance of 5.00 feet; thence South 00 degrees 53 minutes 12 seconds East parallel with the
said east line a distance of 190.01 feet; thence North 89 degrees 43 minutes 53 seconds East 35.00 feet to
the Point of Beginning, containing 0.61 acres, more or less.
Duke
roEnergys
Sheet 2 of 2