136th - US 31 - BP Investments i cioc
Instrument c. r•
9709731113
9709731113 c
Filed for Record in
0 HAMILTON COUNTY, INDIANA f�2 12ec
MARY L CLARK
On 07 -31 -1997 At 01 :47 pm.
EASEMENTS 20.00
o 0t1 Cross ee-c. In 9 5 3 I '7
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, BP
Investments, Inc., an Indiana corporation, as the owner of the estate as its interest appears
of record (hereinafter referred to as "Grantor for and in the consideration of the sum of
the and 00 /100 DOLLARS ($10.00) in hand paid, the receipt and sufficiency of which is
hereby acknowledged and confessed, do hereby GRANT, BARGAIN, SELL AND
CONVEY UNTO the CITY OF CARMEL, an Indiana municipal corporation, its
successors and assigns (hereinafter called "Grantee an easement over, upon, under and
across the real estate located in Hamilton County, Indiana, described in Exhibit "A"
annexed hereto and hereby made a part hereof (said real estate hereinafter being referred to
as the "easement area" as shown on Exhibit `B" annexed hereto and hereby made a part
hereof) for the purpose of laying, installing, constructing, maintaining, operating,
inspecting, altering, replacing and removing substitute pipelines which are to be used as
sanitary sewers and water.
It is understood and agreed that this is a subsurface easement only and is solely for
the purpose of granting to Grantee an easement to lay, install, construct, maintain, operate,
inspect, alter, replace and remove said sanitary sewer and water pipes and lines beneath
the surface of the.easement area, except that Grantee shall have the right to excavate and
perform necessary work upon the surface of the easement area as and when required to
install, repair, replace, remove and relocate such pipes and lines. Grantee shall not erect,
install or maintain any structures or improvements on the surface of the easement area
described in Exhibit "A Grantee's pipeline(s) shall be buried to such a depth below the
surface so as not to interfere with Grantor's permissible use of the surface of the easement
area.
Grantee shall have the right to ingress and egress over, upon and across any
driveways and roadways located on the surface of the lands owned by Grantor upon and
within the boundaries of which the easement area is located, for purposes of access to the
easement area. Grantee also shall have the right from time to time to cut and remove all
trees, undergrowth and other obstructions within the easement area which may injure,
endanger or interfere with Grantee's use and enjoyment of this easement, all of which
works shall be done at Grantee's sole cost and expense.
l
Grantor shall not, without the prior written consent of Grantee, erect or maintain
any permanent structures or improvements upon the surface of the easement area or
perform any act which would impair or interfere with Grantee's use and enjoyment of the
easement herein granted; provided, however, notwithstanding anything to the contrary
herein contained, Grantor expressly reserves the right to pave the surface of the easement
area with porous asphalt or other suitable hard surface paving material, and to use the
same for the parking of motor vehicles and for driveways, roadways and sidewalks and for
other purposes which will not interfere with Grantee's full use and enjoyment of the
easement rights hereby granted.
If the surface of the easement area is disturbed by Grantee at any time and from
time to time by the installation, repair, maintenance, removal, replacement or other work in
connection with said subsurface pipes and lines, Grantee, at its sole cost and expense, shall
repair and restore the surface of the easement area to substantially the same condition
which existed immediately prior to any such disturbance, including, without limitation,
any and all necessary repairs and replacement of pavement which may be removed and
excavated by Grantee in the course of doing any such work. Any work done by Grantee
upon 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 arid assigns) upon its land surrounding and
adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee
from performing any of its work during normal and customary daylight business hours.
Grantee shall, at the request of Grantor, at any time and from time to time, remove
its sanitary sewer and water pipes and lines and other facilities from the easement area and
release and quitclaim this easement to Grantor, provided that Grantor furnishes Grantee an
equivalent easement which will permit the continuation of utility service without disruption
to those whose service may be dependent upon the easement granted herein on the same
terms as herein at another suitable location on Grantor's said land, and provided further
such removal and relocation of the sanitary sewer and water pipes and lines shall be at the
sole cost and expense of Grantor.
Grantor hereby reserves the right to grant easements to other utilities or services
which may intersect or transact the easement granted hereunder. Any easement granted to
a utility or services intersecting or transacting the easement granted hereunder shall be
subject to the rights of Grantee herein, and shall not be incompatible with, or interfere
with, the continuing use of the easement granted hereunder.
2
1
TO HAVE AND TO HOLD unto Grantee, its successors and assigns so long as
the rights and easements herein granted shall be used by Grantee for the express purposes
and upon the terms and conditions specified, with ingress to and egress from the easement
area as provided for herein, for the purposes of constructing, installing, repairing,
maintaining, replacing and removing the facilities of Grantee herein described, but subject
to all liens, encumbrances, restrictions and prior easements of record. Provided, however,
notwithstanding anything to the contrary herein contained, the rights and easements herein
granted shall be released and vacated by Grantee upon cessation by Grantor of the use of
its land surrounding and adjoining the easement area, unless Grantee reasonably requires
the continued use and maintenance of this easement for continuation of utility service to
the adjoining owners, other than Grantor, whose service may be dependent upon the
easement granted herein. It is understood that this easement is granted primarily for the
purpose of furnishing utility services to the improvements located or to be located upon
Grantor's land.
Grantee shall indemnify, defend and hold harmless Grantor and its successor and
assigns from and against any and all loss, cost, damage, expense, liability, claims,
demands, actions and causes of action arising out of or resulting from Grantee's use and
enjoyment of this easement and the installation, maintenance and operation of said pipes
and lines by Grantee, including, without limitation, any and all claims and actions for
personal or bodily injury, including death, to any person, and drainage to the property or
any ply.
Grantee hereby agrees and acknowledges that Grantor and its successors and
assigns shall have the right to access and utilize the subsurface pipelines within the
easement area for the benefit of any real estate owned by Grantor, its successors and
assigns, at no additional cost or expense to Grantor and, however, subject to all charges
from the City of Carmel.
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 tenor of this agreement.
This instrument may be executed by Grantor in Separate counterparts, each of
which shall constitute a duplicate original.
3
IN TESTLMONY WHEREOF, Grantor has executed this conveyance this, the
4 day of October, 1996.
BP INVESTMENTS,
An Indiana corporation 7 7 2
By: J1�
Printed: William Harold Beeson
Title: President
STATE OF INDIANA
COUNTY OF Marlon)
Before me, a Notary Public in and for said County and State personally appeared
William Harold Beeson, known to me to be the President whose name
is subscribed to the foregoing instrument and acknowledged to me that the same was the
act of BP INVESTMENTS, INC., an Indiana corporation, and that he executed the same
as the act of said corporation for the purposes and consideration therein expressed, and in
the capacity therein stated. cVf& Given under my hand and seal of office this day of October, 1996.
[Seal]
A 14161
No 0' Pub
c -.A
c o o
l3 ..13
Printed Signature
Cission Expiration:
/3lay 7 000
County of Residence:
A ar, o
This instrument was prepared by John R. Molitor, Attorney at Law, 11711 North
Meridian Street, Suite 200, Carmel, IN 46032.
4
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A part of the Northwest Quarter of Section
25. Township 18 North. Range 3 East of the Second Principal
Meridian in Clay Township of Hamilton County. !ndian& being
more particularly described as follows=
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Commencing at the Northwest corner of- the Northwest Quarter
or Section. 25. Township 18 North. Range 3 East of the Second
Principal Meridian in Clay -Township of Hamilton County.
Indiana; thence North 88 degrees 21 minutes 51 seconds East
(Assumed Bearing) along the North IIne of said Northwest
Quarter 301.00 feet; thence South 01 degrees 38 minutes 09
seconds East 45.00 feet to the POINT. OF BEGINNING of the
following described easement; thence North 88 degrees 21
minutes 51 seconds East 688.62 feet parallel with the north
Tine of said northwest quarter and along the proposed south 45 foot
half right -of -way line of 136th_ Street to a p ointon the east
line of real estate asKcontained in Instrument No. 95- G3917�i
and found in the Office of the Recorder of Haan�ton Gounty.
Indiana; thence South G1 degrees 09 minutes 47 seconds East
2'158 feet; thence South 88 degrees 21 minutes 51 seconds
West' paraiiel with said north Gne 711.78 feet; thence North
19 degrees 3G 'minutes 30 seconds West 7,56 feet; thence North
.01 degrees 38 minutes 09 seconds West .7,81 feet -to the POINT
OF 6EGINNING-
EXHIBIT A
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