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Shelborne - BP Investments Instrument 60 200300025d61 \k (1 EASEMENT AGREEMENT APPROVED, AS TO \00 FO ,;:ti, BY: KNOW ALL MEN BY THESE PRESENTS that the undersigned, BP INVESTMENTS INC., an Indiana Corporation, as the fee owner of certain real estate, (hereinafter referred to as "Grantor for and in consideration of the sum of Fifty Nine Hundred and 00/100 DOLLARS ($5900.00) in hand paid, 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 an exclusive and perpetual easement upon, over, under and across the real estate located in Hamilton County, Indiana, and 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. 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 to temporarily use, from time to time, additional space, where available and necessary, that is adjacent to the easement area for equipment and materials necessary for the installation, repair and maintenance of Grantees facilities located in, under, upon, over, and /or across the easement area, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, provided that Grantee shall restore the portion of the Grantors 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, under, or immediately surrounding the easement area which may injure, endanger or interfere with Grantees use and enjoyment of this easement, all of which work shall be done at Grantees sole cost and expense, except as otherwise set forth herein. Grantor, its successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other improvements under and /or upon the surface of or over the easement area or perform any act which would impair or interfere with Grantees use and enjoyment of the easement 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 mound or series or system of earthen mounds. 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 Grantees sole opinion, is or would interfere with the rights granted herein. Any work performed or caused to be performed 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 her successors and assigns) upon the 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. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the nights and easements herein granted shall be used by Grantee upon the terms and conditions specified herein, with ingress to and egress from the easement area, for the purposes of constructing, 7 acting, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements of record. 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 Grantor represents and certifies that they are the fee simple owner of the easement area and real estate surrounding the easement area; that Grantor guarantees the quiet possession of the easement area to the Grantee; that the easement area is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantees title to the easement granted hereby against all claims thereon. The person executing this instrument on behalf of Grantor hereby represents that they have the authority to bind Grantor to the terms and conditions set forth herein. This instrument may be executed by Grantor in separate counterparts, each of which shall constitute a duplicate original. IN TESTIMONY WHEREOF, Grantor herein has executed s conveyance this, the 22sfh day of J AN(0gAy 20 03 Au AI /1 i This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Cannel, Indiana, 46032 2003000252:6 Filed for Record in STATE OF /L Cto t /q,t, ye; HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 03 -13 -2003 08:28 am. NAM L SS: EASEMENTS 18.00 COUNTY OF M /D N Before nne, a Notary Public in and for said County and State personally appeared G Ur /lg'Am igPPSnN known to me to be the individual(s) whose name is subscribed to the foregoing instrument and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this day of &,tic /U 20 03 Notary Public C7 1 t 1 :A: G (sh Kedyfi Printed Signature Commission Expiration: R: os/ q /aoot County of Residence: //iM7 «a N CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY Jam Brainard, Presiding Officer Date: Q 3 Mary Ann irke, Member Date: r- ©_3 i Lori(Watson, mb Date: c- 1C). ATTEST: Johnsok Dlv Clerk for Diana L. Cordray, IAMB Clerk- Treasurer STATE OF INDIANA /1 SS: COUNTY OF Ih'M o,ti Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of ,,a m f+ D 6 Pv 2� Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the foregoing Non- Remonstration Agree e nt7 on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of 3 2003. et C NOTARY PUBLIC e_ My Commission Expires: Printed Name `1 S My County of Residence: V/422,2.4x- Date: ,z/lef6`3 Y.' a Exhibit A A part of the real estate described in a certain Trustee's Deed recorded October 8, 1996, as Instrument #9609642718 in the Office of the Recorder of Hamilton County, Indiana, which is also part of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows; Easement Description Commencing at the Northwest corner of the Northwest Quarter of Section 25 Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township of Hamilton Co nty, Indiana, thence North 88 degrees 21 minutes 51 seconds East. (Assumed Bearing) along the North line of said Northwest Quarter 301.0 feet to the Northwest corner of the owner's land; thence continuing North 88 degrees 21 minutes 51 seconds East 600.20 feet along the North line of said Northwest Quarter which is also the North line of the owner's land to the POINT OF BEGINNING of this description: thence continuing North 88 degrees 21 minutes 51 seconds East 20.00 feet along the North line of said Quarter Section which is also the North line of the owner land; thence South 1 degree 36 minutes 01 seconds East 160.02 feet to the Northerly limited access right of way of, U.S. Highway 31 and the Southerly line of the owner's land; thence South 71 degrees 43 minutes 51 seconds West 20.88 feet along the Northerly limited access right of way and the Southerly line of the owners land; thence North 1 degree 36 minutes 01 second West 165.99 feet to the POINT OF BEGINNING of this description. J 2ct 00' 20' Utility Easement 20. 00' 64Q2' S8821'S1'W 16.50' N 0136' 01 W f 52arS01 38bo9a£ �dl's 57.04' S1936301- 4 13.32' S6852'12 1141' S1952'241' 165.99 N01'36'Ol'W 183' 52 53'30 °W 16Q 02 N01 '38'01 'W 3.83' S47"5Y.30'W 1 'E -20.7 20.88' 500' S 7073'30W i� 5n tar,. 1 w 2 2 1 86 e, Salo 1%.150*