Well 18/19 - Union Federal Bank D`1(I) Instrument
9909926989
Prior Deed Reference:
Warranty Deed dated as of
October 2, 1994 and recorded
REVIEWED BY HAMILTON as Instrument No. 9446245 in
COUNTY AUDITOR'S OFFICE the Hamilton Recorder's
I day of t! `k 1993
Office.
{i S i 9909926989
Filed for Record in
EASEMENT AGREEMENT HAMILTON COUNTY, INDIANA
MARY L CLARK
On 0 5 05 -1999 At 02:38:00 pm.
EASEMENTS G2. 00
KNOW ALL MEN BY THESE PRESENTS that the undersigned, UNION FEDERAL
SAVINGS BANK OF INDIANAPOLIS as Trustee under that certain Land Trust Agreement dated
October 31, 1994, as the fee owner of certain real estate (hereinafter collectively referred to as
"Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed,
does hereby GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an
Indiana municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE
a non exclusive and perpetual easement upon, over, under and across the real estate located in
Hamilton County, Indiana, more particularly described in Exhibit A attached hereto and hereby made
a part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting,
altering, replacing and removing utility lines and equipment including, but not limited to, a water
line or lines, together with all necessary service pipes, lines, connections, valves, hydrants and
appurtenances.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantor, its successors and
assigns, upon and within the boundaries of the easement area, for purposes of access to the easement
area. Said easement also includes the rights and privileges (a) to temporarily use, from time to time,
additional real estate, where available and necessary, that is adjacent to the easement area for storage
and use of equipment and materials necessary for the installation, repair and maintenance of
Grantee's facilities located in, under, upon, over, and /or across the easement area, (b) to do all acts
and things requisite and necessary for the full enjoyment of the easement hereby granted, and (c) for
nearby property owners, their grantees, successors, agents, or employees, to connect the premises
of such nearby property owners by service pipes to the lines and /or equipment installed by Grantee
within the easement area, provided such nearby property owners, their grantees, successors, agents,
or employees obtain necessary easements outside of this easement area, restore the portion of the
Grantor's property disturbed by their work to a condition that is as near the condition that existed
just prior to the time the portion was disturbed by them as is practicable. Grantee also shall have the
right from time to time to remove all trees, undergrowth, structures and /or other obstructions above,
within, or under the easement area which, in Grantee's reasonable opinion, are injuring, endangering
or interfering with Grantee's use and enjoyment of this easement, all of which work shall be done
at the sole cost and expense of Grantee. Notwithstanding the foregoing, for Grantee's initial
::ODMA\MHODMA \NO1:22858:2
construction of the utility facilities, Grantor grants Grantee a temporary construction easement over
the property described in Exhibit B attached hereto and incorporated herein. Such temporary
construction easement shall terminate at the time the initial utility facilities are completed.
Grantor, its successors or assigns, shall not erect or maintain any permanent structures,
obstructions, or other improvements (except pavement of streets, driveways or parking area and
other utility lines as provided herein) upon the surface of or over the easement area or perform any
act which would unreasonably impair or interfere with Grantee's use and enjoyment of the easement
and rights herein granted. The immediately preceding sentence prohibits (among the other
prohibitions effected by it) the erecting or maintaining in the easement area of any earthen mounds
or series or system of earthen mounds or any excavation which results in less than five (5) feet of
earth over the utility facilities. In connection therewith, Grantee, at its expense, shall provide
Grantor with "as built" surveys showing the horizontal and vertical location of the utility facilities
and will allow Grantor to, from time to time, inspect and verify the location of the utility facilities.
Notwithstanding the foregoing, Grantee hereby acknowledges and agrees that Grantor may grant
additional easements, including underground utility easements, within the easement area, provided
such additional easements do not unreasonably impair or interfere with Grantee's use of the
easement granted herein.
If the surface of the easement area is disturbed by Grantee at any time, and/or from time to
time by the installation, repair, maintenance, removal, replacement or other work in connection with
utility lines or equipment, Grantee, at its sole cost and expense, shall repair and restore the surface
of the easement area and /or nearby property of the Grantor to substantially the same condition which
existed immediately prior to any such disturbance, except to the extent that Grantee was exercising
its right to remove items which, in Grantee's reasonable opinion, is interfering with the rights
granted herein. In no event shall Grantee have a duty to restore an area of the easement area or
nearby property that was disturbed by nearby property owners, their grantees, successors, agents
employees or by other parties, in connecting the premises of the nearby property owners by service
pipes to the lines and /or equipment installed in the easement area or otherwise, and Grantee shall not
be liable for any damages caused to Grantor' s property as a result of such work. Any work
performed or caused to be performed by Grantee, upon, under and /or over or within the easement
area at any time and from time to time shall be done at such a time and in such a manner as will
cause a minimum of interference with the business being conducted by Grantor (or its successors
and assigns) upon their land surrounding and adjoining these easement area, but nothing herein
contained shall prevent or prohibit Grantee from performing any of its work or exercising any rights
granted herein during normal and customary daylight business hours, unless exigent conditions exist.
This easement shall run with the burdened land described herein and shall inure to the benefit
of Grantee and its successors and assigns and shall be binding upon the heirs, executors, successors,
administrators, personal representatives, tenants, successors and assigns of Grantor and Grantee.
2
ODMA \MHODMA \NO 1:22858:2
It is agreed that this grant covers all the agreements between the parties and that no
representations or statements, verbal or written, have been made modifying, adding to or changing
the terms of this Agreement.
The person or persons executing this instrument on behalf of Grantor hereby represents that
she has the authority to bind Grantor to the terms and conditions set forth herein.
IN TESTIMONY WHEREOF, Grantor hereby executes this Agreement this, the I CO' day
of 92 .Iiy:U IPA 1998.
UNION FEDERAL SAVINGS BANK OF
INDIANAPOLIS AS TRUSTEE UNDER THAT
CERTAIN LAND TRUST AGREEMENT DATED
OCTO; E'
(IA A jrk
Hilary S. s, rust Officer and Counsel
STATE OF
SS:
COUNTY OF s
Before me, a Notary Public in and for said County and State personally appeared HILARY
S. OBERLIES, known to me to be the TRUST OFFICER AND COUNSEL of UNION FEDERAL
SAVINGS BANK whose name is subscribed to the foregoing instrument and consideration therein
expressed, and in the capacity therein stated.
cid
Given under my hand and seal of office, this /6 day of h,.e 1998.
i,11ta ;stall
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L C, Notary •.li•(
4 `t -o
Y Printed Sign lure
Commission Expiration: County of Residence:
/'t /Qi .1) /28>ze.---
This Instrument Prepared By: Tammy K. Haney, Attorney -at -Law, Bose McKinney Evans, 8888
Keystone Crossing, Suite 1500, Indianapolis, IN 46204
3
::ODMA\MBODMAWO1:22858 2
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EXHIBIT A
I. (Page 1 of 2)
..4 CONSULTING ENGINEERS JOB ID
,;.4, SURVEYORS
Ah p l A N D S U R Cod DL ��s�
to 1 ISO Af orolh Rd. IN 4603E
4 (311) 619 -5935 1 -80D- 741.4317. FAX: (317) 644 -5t42
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SEC. 22 T1eN 4C N47 2O O C
1 r 71
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7-7 t 1
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1
SCALE: 1" 100' l 4
PROPOSED
20' UTILITY
_.EASEMENT
0.554 Ac.�
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1
1
1
1
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f P ROPOSED
20' UTILITY ESµEN
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1 0.5 Ac,I 1
PAGE OF
EXHIBIT B
4'� Page 2 of 2)
r CONSULTING ENGINEERS JOB 10
r: LAND SURVEYORS
u i 9940 ApwrrNl. Ad. fldwsn, IN QOM 18 5
(317) 840 -545 1- 40- I28-1917 f (all 544-5242
I L.
PROPOSED I
20' UTILITY
EASEMENT
...._...0�54 Ke."
SCALE: 1" E= 100
N apl iarE
20,00'
60.00'
WELL SITE #19
20' UTILITY EASEMENT
A port of the Southwest Quarter and Southeast Quarter of Section 22, Township 18
North. Range 4 East In Cloy Township, Indiana. being more particularly described 08
follows;
Commencing of the Southeast comer of the Southwoet Quarter of Section 22, Township
18 North, Range 4 East; thence South 89' degrees 16 minutes 42 seconds West (assumed
bearing) along tho South lino of the 5014 Quarter Section 81.60 foot; thence North 05
degrees 48 minutes 21 seconds Waage /26.99 feet; thence North 89 degrees 17 minutes 37
seconds East 140.95 feet to a point on the East lino of the Bold Quarter Section; thence
continuing North 89 degrees 17 minutes 37 seconds East 226.65 foot to the POINT OF
BEGINNING of this description; thence continuing North 47 degrees 20 minutes 05 seconds
East 29.91 feet; thence North B9 degrees 17 minutes 43 seconds East 1136.41 foot; thence
North 00 degrees 42 minuted 17 eocondo West 40.00 foot; thence North 89 dogreee 17 minutes
43 seconds Eaot 20,00 foot; thence South 00 degrees 42 minutes 17 seconds Eost 60.00 fest;
thence South 00 degree() 42 minutes 17 oeconds Eaat 60.00 feet; thence South 89 degrees 17
minutes 43 seconds West 1178.66 feet to the place of beginning, contoining 0.554 acres, more
or lean. Subject to all legal highways. rights —of —way. easements and restr1ctlono of record.
METES /1848SUE
March 26, 1998
Rev April 21, 1998
PAGE 2 OF 2
EXHIBIT B
t (Page 1 of 2)
tc e
CONSULTING ENGINEERS JOB 10
1 4,1ht,t.1,.1,AA LAND SURVEYORS
9040 Aliliamilts RA Fishers, IN 46438 CONTROL i 18465
f (317) 812-5935 1-13110-728-017 FAX: (317) 849-5642
s
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4) 0
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10.615
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Alp. NINT42
12.RIV
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SCALE 1" 100 i
1
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PROPOSED
20' TEMPORARY
CONSTRUCTION
EASEMENT
0.527 Ay.*
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j ..g.
4
1
t 4
I
PROPOSED
20' TEMPORARY
CONSTRUCTION
EASEMENT
0 527 Ac.±
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EXHIBIT B
(Page 2 of 2)
CONSULTING ENGINEERS
.AY;AO CON TING E JOB ro
k° LAND S U R V E Y O R S
CONTROL 1 1846
t ;z 9940 Mond, Rd Rivet, IN 48038
(511) M4 -5415 I.-800- 128 -011 FAX: (311) M9 -S942
I
I 1
4- PROPOSED
20' TEMPORARY
CONSTRUCTION
I 0.527 AcEASEMENT dr '1" 'h7"
I $00 *2.17�W
so.00' SCALE: 1° 100'
L NQ01743"E
aoe4,2•1 2o.e0'
40.00'
WELL SITE J19
20' TEMPORARY CONSTRUCTION EASEMENT
A part of the Southwest Quarter and Southeast Quarter of Section 22, Township 18
North, Range 4 Eaot In Cloy Townoh}p, Indiana, being more particularly described as
follows:
Commencing at the South000t comer of the Southweot Quarter of Section 22, Township.
18 North, Range 4 East; thence South 80 degrees 16 minutes 42 seconds Went (assumed
bearing) °long the South line of the nod Quarter Section 81.80 foot: thence North 05
dogreon 48 minutes 21 seconds Went 626.99 foot; thence North 80 degrees 17 minutes 37
aocondo East 140.05 foot to a point on the Eost line of the paid Quarter Section; thence
continuing North 89 degrees 17 minutee 37 aocondo Emit 226.65 foot: thence North 47
degrees 20 minutes 05 ooconde East 104.68 feet to the POINT OF BEGINNING of thle
description; thence continuing North 47 degrees 20 minutes 05 soconde Eaat 10,68 feet;
thence North 00 degrees 42 minutoo 23. 'monde Went 12.88 foot; thence North 89 degrees
17 minutee 43 seconds East 1098.41 feet; thence North 00 degrees 42 minutes 17 eecondc
West 20.00 feet; thence North 89 degrees 17 minutes 43 seconds East 20.00 feet; thence
South 00 degrees 42 minutes 17 seconds Eost 40.00 feet: thence South 89 degrees 17
minutes 43 seconds Want 1124.04 feet to the piece of beginning, oontolning 0.522 acres,
more or less. Subject to all legal highways, rights —of —way, eaeemonte and restrictions of record_
METES /18485SHT
March 26; 1098
Rev April 21, 1998