Donnybrook - Best, Kerrie Instrument
200300025257
AA d EASEMENT AGREEMENT APPROVED, AS TO
FORM
KNOW ALL MEN BY THESE PRESENTS that the undersigned, KERRIF
as the fee owner of certain real estate, (hereinafter collectively referred to as "Grantor for and
in consideration of the sum of Twenty Three Hundred and Twenty Dollars ($2320.00) 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 a
exclusive and perpetual water line 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 water 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 Grantors, their 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, and 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 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.
Grantors, their 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.
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 Grantors 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 Grantors (or their successors and assigns) upon their 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
2uu3{ oe5c57
business hours. Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
03 -13 -2003 08 :28 am.
EASEMENTS 22.00
,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 upon the terns and conditions
specified herein, with ingress to and egress from the easement area, 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.
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 certify that she is the fee simple owner of the easement area
and real estate surrounding the easement area; that Grantors guarantee 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, Grantors will warrant and
defend Grantees title to the easement granted hereby against all claims thereon.
The person or persons executing this instrument on behalf of Grantor hereby represent
that they have the authority to bind Grantor, jointly and individually, 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 this conveyance individuall
this, the day of
Kerrie Best
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF -2 An. J�
)SS:
COUNTY OF /1/941; f ON
Before me, a Notary Public in and for said County and State personally appeared
geRR i e esfi known to me to be the individuals whose names are subscribed to
the foregoing instrument and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this Fl f day of F e I2 e My 200 3
[Seal}
ply //n
tip I l� a t. i Y
t Notary Public
Lyra 4 Kemp
Printed Signature
Commission Expiration:
B 5 6 1/,00 8
County of Residence: //9 /7/04)
STATE OF INDIANA
SS:
COUNTY OF I{ 'elm,'
Before me, a Notary Public in and for said County and State, personally appeared
James Brainard, Mary Ann Burke, and Lori Watson, by me know to be the Members of
the City of 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
"Easement Agreement" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 19 day of K:5 -i- .0
�,f
(2, 1-`1-;
NOTARY PUBLIC
Printed Name
My Commission Expires:
////f tor My County of Residence: 4 /M i7O4)
Date: oZ- iZ0�0,3
EXHIBIT "A"
Project: Donnybrook Addition Water Line Page 1 of 2
County: Hamilton
Parcel: Permanent Easement for Water Line
Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said section; thence South 89 degrees 49
minutes 54 seconds West 1,772.97 feet along the south line of said section to
the southeast corner of the grantor's land; thence North 0 degrees 10 minutes 06
seconds 44.25 feet along the east line of the grantor's land to the point of
beginning of this description: thence South 89 degrees 49' minutes 54 seconds
West 90.29 feet; thence South 0 degrees 10 minutes 06 seconds East 44.25 feet to
the south line of said section; thence South 89 degrees 49 minutes 54 seconds
West 20.00 feet along said south line; thence North 0 degrees 10 minutes 06
seconds West 64.25 feet; thence North 89 degrees 49 minutes 54 seconds East
110.29 feet to the east line of the grantor's land; thence South 0 degrees 10
minutes 06 seconds East 20.00 feet along said east line to the point of
beginning and containing 3,090 square feet, more or less.
.n T
Oa e a LL9 h 5 40-
♦.e r
A 2, Certified this 7'�da of fi r u a v 2003
r L S 2 9 S 0 0 0 01 Jeffrey A. Myers, PLS
STATE OF Professional Land Surveyor No. 29300001
Y q.th,, State of Indiana
Rev. Easement 2 -7 -03
T:\. survey\ 32509\Donnybrook\KerrieBest.doc
EXHIBIT "A"
Project: Donnybrook Addition Water Line Page 2 of 2
County: Hamilton
Parcel: Temporary Easement for Water Line
Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said section; thence South 89 degrees 49
minutes 54 seconds West 1,772.97 feet along the south line of said section to
the southeast corner of the grantor's land; thence North 0 degrees 10 minutes 06
seconds 64.25 feet along the east line of the grantor's land; thence South 89
degrees. 49 minutes 54 seconds West 90.29 feet to the point of beginning of this
description: thence South 89 degrees 49 minutes 54 seconds West 20.00 feet;
thence North 0 degrees 10 minutes 06 seconds West 10.00 feet; thence North 89
degrees 49 minutes 54 seconds East 20.00 feet; thence South 0 degrees 10 minutes
06 seconds East 10.00 feet to the point of beginning and containing 200 square
feet, more or less.
9� 9 q t' G° *‘,;::,-t-; G Certified this 7 day of /d4rr'� 2003 r:;:.d 4100
W O T
C p.7
t i L s 2 9 o 3 0 0 o l Jef rey A. Myers, PLS
ST) OF Professional Land Surveyor No. 29300001
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State of Indiana
Rev. Easement 2 -7 -03
TA survey
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
ir .4(
w
M ry urke, Member
Date: 9 3
Loth Watso•, -m•er
Dat-. 2 -115/03
ATTEST:
Sandra M. MansoE,
cC1i eds. fi®r
Diana L. Cordray, IA Clerk- Treasurer
1 OWNER: Kerrie Best
PROJECT: Donnybrook Addition Water Line
ROAD: 1113th Street Irurt. No.: 200100085439 DRAWN BY: SMR 20 Jan 03
Dotted: 10-12-2001
COUNTY: Hamilton CHECZED BY: JAM 20 Jan 03
SECTION: 38
TOWNSHIP: 18 North
HATCHED AREA IS l'HE =HATCHED ARIA IS
R THE
ANGE: 3 Eare PERILtNENT EASEMENT TEMPORARY EASEMENT
THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDERS OFFICE
AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY.
1
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Permanent Easement I
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Sec. Line XIV
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SCALE: 1=30' ,Altli
Exhibit B s l$,•!-' ;:iY),?-.1 4-.4
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Certified this 2 1--4 -or ro ae-- F- ,Z
1'-'411,529300001)*L7: 41111111111
111 Monument Circle v, STATE OF o r 4 i 'l e j e iv.,
Suite 1200 0' IN__
/ndianapo lie, IN 46204 ,;;).,.(1);;; P.V.'.'1; f. Jeffrey A. Myers, PLS
1
(317) 636-4682 ..v,-
g 4 n 3,: 1 2'.. i ‘t, Professional Land Surveyor Na 29300001
FAX (317) 633-0510 State of Indiana SHEET1 OP 1
Rev. Easement 2-7-03