Shelborne - Burns, Andrew/Ruthelen 200300125536
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
1E -18-2003 At 08:21 am.
(X1)-- EASEMENTS 22.00
EASEMENT AGREEMENT APPROVED AS TO FORM BY
KNOW ALL MEN BY THESE PRESENTS that the undersigned, ANDREW T.
BURNS and RUTHELEN G. BURNS, husband and wife, as Individuals, and as the fee owner
of certain real estate, (hereinafter collectively referred to as "Grantor for and in consideration
of the sum of Forty Five Hundred and no 00 /100 DOLLARS ($4500.00) 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, 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, and described in Exhibit "A" attached hereto and hereby made a part
hereof the Easement Area 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 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, a ten foot strip by parallel lines, that is adjacent to the Easement Area (the
"Temporary 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. Grantee also shall have the right from time to time to remove all undergrowth,
structures (excluding driveways) 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. In no event shall Grantee remove any trees within the
Easement Area without the prior written consent of Grantors, which consent may be withheld in
there sole and absolute discretion.
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. The forgoing shall in no event prohibit the
construction or use of driveways across the Easement Area or the Temporary Easement Area.
If the surface of the Easement Area or the Temporary Easement Area or any driveway
located thereon is disturbed by Grantee at any time, and/or from time to time by the installation,
repair, maintenance, operation, alterations, 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, the Temporary Easement Area and/or nearby property of the
Grantors together with any driveways and fences located therein 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 are not permitted in such area by the
terms hereof and which in Grantees' sole opinion, is or would interfere with the rights granted
herein. Grantee in its exercise of its rights hereunder shall not change the grade of the Easement
Area or the Temporary Easement Area or any other real estate owned by Grantor to Easement
Area or the Temporary Easement Area. 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 or the use of such land, 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 and easements herein granted shall be used by Grantee upon the terms and conditions
specified 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.
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 Grantors represent and certify that they are the fee simple owners of the Easement
Area and the Temporary 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 Grantors hereby represent
'that they have the authority to bind Grantors, jointly and individually, to the terms and conditions
set forth herein.
Grantee for itself, and its successors and assigns, hereby agrees to indemnify and hold
Grantors, their heirs, personal representatives, successors and assigns, harmless from and against
any loss, damage, liability or expense including, but not limited to, reasonable attorneys' fees,
resulting from any injury or death of any persons or any loss of or damage to any property,
caused by or resulting from any act or omission by the Grantee or its agents, employees, guests
or invitees in connection with its or their entry on, or use of the Easement Area or the
Temporary Easement Area for the purpose of exercising the easement rights granted herein.
Nothing herein shall be deemed a waiver or release by the Grantors of any rights or
claims which they or their heirs, personal representatives, successors or assigns in title to the
Easement Area or the Temporary Easement Area may have in connection with any proposed
condemnation or condemnation of such real estate, all such rights and claims being expressly
reserved.
This instrument may be executed by Grantors in separate counterparts, each of which
shall constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually and as husband and wife this, the
071 d ay of Oc 200?.
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Andrew T. Burns
/RCC5t(b.--LL.-&-. 1 SC.-C.A_.-A.-<D
Ruthelen G. Burns
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF 1_ N cIk Pi
)SS:
COUNTY OF
Before me, a Notary Public in and for said County and State personally appeared
Nc(rec.3 T, 3u(MS known to me to be the individuals whose names are subscribed to
res�olegoing instrument and consideration therein expressed, and in the capacity therein stated.
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EXHIBIT "A"
Project: City of Carmel, Shelborne Road Water Main Extension Sheet 1 of 3
Parcel No. 2 WATER LINE EASEMENT
A part of the South FIalf of the Southeast Quarter of Section 30, Township 18 North, Range 3
East, Hamilton County, Indiana, and being that part of the grantors' land lying within the easement lines
depicted on the attached Easement Parcel Plat, described as follows: Commencing at the southeast
corner of said section, said southeast corner being designated as point "2" on said plat; thence North 0
degrees 00 minutes 30 seconds West (assumed bearing) 660.00 feet along the east line of said section to
the northeast corner of the exception described in Instrument Number 200000027359; thence South 89
degrees 51 minutes 20 seconds West 30.00 feet along the north line of the exception described in said
Instrument Number 200000027359 to the point of beginning of this description: thence South 89 degrees
51 minutes 20 seconds West 15.00 feet along said north line; thence North 0 degrees 00 minutes 30
seconds West 654.73 feet to the north line of said half-quarter section; thence North 89 degrees 48
minutes 58 seconds East 15.00 feet along said north line; thence South 0 degrees 00 minutes 30 seconds
East 654.74 feet to the point of beginning and containing 0.226 acres, more or less.
Subject to any easements, restrictions, covenants and rights of way of record.
This description has been prepared by Beam, Longest and Neff, L.L.C., at the request of and for
the exclusive use of the City of Carmel as part of the Shelborne Road Water Main Extension Project,
BLN #3847.
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Denise K. Anderson Date �Q 0
Registered Land Surveyor is295em
e®
Indiana No. LS29500022
STAYS OF
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w
EXHIBIT "A" SHEET 2 OF 3
EASEMENT PARCEL PLAT
Prepared for the City of Carmel, Indiana
by Beam, Longest Neff L.L.C. (Job #3847)
1
App. Exist. R/W
300 O J00 600 4 2 W. 131st STREET
SCALE 1 300' 1
WATER LINE EASEMENT
WATER LINE EASEMENT o
rr
W
O
N
AA/ 660.00'
J
WATER LINE EASEMENT
EXCEPTION
APP•
Exisl R/W
30 30 660.00' AFL
31
Nil III
l WATER LINE
EASEMENT
0
HATCHED AREA IS THE APPROXIMATE EASEMENT AREA
OWNER: BURNS, ANDREW T. ET UX.
PARCEL: 2 DRAWN BY: R.J. McCOOL 2 -5 -03
PROJECT: SHELBORNE ROAD WATER MAIN EXTENTION CHECKED BY: D.K. ANDERSON 2 -11 -03
ROAD: SHELBORNE ROAD INSTRUMENT /200000027359, DATED 5 -16 -00
COUNTY. HAMILTON
SECTION: 30
TOWNSHIP: 18 N.
RANGE.. 3 E.
Dimensions shown are from the above listed Record Documents.
l
STATE OF INDIANA
SS:
COUNTY OFA a..t
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Aim Burke, and Lori Watson, by me known to be the Members of the City of
iY1 john on, {U�y Pcrr
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 Agreement" on
behalf of the City of Carmel, Indiana. 3'
C ``V/t �.t P.4 `n
Witness my hand and Notarial Seal this I I day of -t� ���2003.
NOTARY PUBLIC
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My Commission Expires: Printed Name
gi/? /G'i My County of Residence: ±4 ll'lc f
Date:
PdRe e /2oq 300000 02(
tir a- ,�.ka;., r.>3;, -s .,:,s.
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND S ETY
41 ../16a7z-e.g
es Brainard, Presiding Officer
Date: Y/Q 3
N 07 Pt'e t
Mary Ann Burke, Member
Date:
Lori Watson, -mb .r
Date: I i 4 D 3
ATTEST:
D Cordray, I�1'M,C Clerk- Treasurer nil' 7 WI' 1°1166°1*