141st - Bodner Investors 0
,9,D 200200060126 Record in
HAM I LTON INDIANA
MARY L CLARK.
08 -23 -2002 08:29 am.
EASEMENTS 20.00
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, BODNER
INVESTORS, LTD., an Indiana limited partnership, as the fee owner of certain real estate,
(hereinafter referred to as "Grantor for and in consideration of the sum of Twenty Nine
Hundred and 00 /100 DOLLARS ($2900.00) 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 non exclusive easement upon, over, under and across
an approximate seventeen one hundredths (0.17) acre portion (described and shown in Exhibit
"A" attached hereto and hereby made a part hereof) of the real estate located in Hamilton County,
Indiana, further shown and described in said Exhibit "A 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 Grantee's 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 Grantor's property disturbed by their
work to the same condition that existed just prior to the time the portion was
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disturbed by them. 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 Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein.
Grantor, its successors or assigns, shall not, except as otherwise expressly permitted
hereinbelow, 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 Grantee's 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. Notwithstanding anything anywhere herein to the contrary, Grantor, its successors and
assigns, may, on, over and across the Easement Area, construct, maintain, repair, remove and
replace roadways, approaches, sidewalks, landscaping, walls, gates and all other structures
necessary or desirable for the development of Grantor's property. Grantor may also permit and /or
grant easements for the installation, repair, and maintenance of Utilities in the Easement Area or
elsewhere.
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 the same condition which
existed immediately prior to any such disturbance. 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 persons 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 Grantors
property as a result of such work. 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 its 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 rights
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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,
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 it is 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; as of the date hereof, 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 except for an unrecorded farm lease.
The person executing this instrument on behalf of Grantor hereby represents that it has 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 this conveyance this, the
6 6 day of Q-- ,2002.
GRANTOR:
Bodner Investors, Ltd., an Indiana Limited
Partnership
By KNO\ 4 4
Bruce A. Bodner, General Partner
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
3
STATE OF ILLINOIS
SS:
COUNTY OF COOK
Before me, a Notary Public in and for said County and State, personally appeared Bodner
Investors, Ltd., by and through its general partner, Bruce A. Bodner, 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. n
Given under my hand and seal of office, this �r�. day of LL-11_1, 2002.
..0 ®0..04)4) ®.4.4.4.4)....0eeee Notary Public
"OFFICIAL SEAL" o
o SUSAN M. URSA
o Notary Public, State of Illinois a SU5 ,t/J in Cwt. /,q
My Commission Expires 5/25/2004:
000.004+.000000000000.41e.. Printed Signature
Commission Expiration: b/95/00
County of Residence: COO K
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
0/7 1 a,,
es Brainard, Presiding Officer
Date: r--, 0 WC/ 7 /a/
I‘
Mary Ann B ember
Date: (C o'er/ 1/4/rz2-
Member
4
Date:
ATTEST:
C -b A, I i t 1
Diana L. Cord r _IAi IC Cl irk-Treasurer
01101'e 61 llAghee Dio,i4 y
STATE OF INDIANA
COUNTY OF MAlvt/ Lh\( SS:
Before me, a Notary Public in and for said County and State, personally
appeared James Brainard, Mary Ann Burke, and Member, by me known to be the
CARPIE A. W Wiz_
Members of the City of Carmel Board of Public Works and Safety, and''Diana L. i
Cordray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the
foregoing "Non- Remonstration Agreement" on behalf of the City of Carmel, Indiana.
tness my hand and Notarial Seal this
W day of n`-'
Vi 2002.
,2-' ,r°,,,- r 4 r� i
NOTARY PUBLIC
4,v a4-/ /5
My Commission Expires: Printed Name
"Lb /Z ,0 ,0-7
My County of Residence: Jamey r-c-
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Exhibit A
A part of Deed Record Number 8744161 Bodner Investors, Ltd.
recorded in the Office of the Recorder of Hamilton County, Indiana
which easement is more particurariy described as. follows:
Easement Description
An utility easement 15 feet in uniform width lying parallel to
and contiguous to the North R/W line of 141st Street containing
.17 acres more or less.
622.5' S89` 34` 2" W
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16.5' R/N 503.7' N 89° 35 40"E