Unknown - Butler, Robert Instrument
(D n �1� 200300025258
EASEMENT AGREEMENT
V APPROVED, AS O
FORM BY: -v
KNOW ALL MEN BY THESE PRESENTS that the undersigned, RI 1 ERT A.
BUTLER, AN INDIVIDUAL, and as the fee owner of certain real estate, (hereinafter referred
to as "Grantor for and in consideration of the sum of Ten and 00 /100 DOLLARS ($10.00) 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. If the utility lines and /or
equipment are installed in good faith in a location other than the location that is described and
depicted in Exhibit A, then, and in that event, the easement area that is defined in this instrument
shall be conclusively deemed to include the strip of land that is centered on the line or equipment
as installed, and in such an event, the Grantor, jointly and severally, and the Grantee, shall join
in the execution and acceptance of an appropriate substitute easement instrument if either the
Grantor or the Grantee shall deliver to the other a written request for such a substitute easement
instrument.
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 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 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 erect or maintain any permanent structures,
200300025258
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
03 -13 -2003 08:28 am.
EASEMENTS 20.00
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.
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 Grantee's sole opinion, is or would
interfere with the rights granted herein. 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 Grantor's 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 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 rights
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 she 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; 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 Grantee's title to the easement granted hereby against all claims thereon.
The person executing this instrument on behalf of Grantor hereby represents that she 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
/1
y of '/2c497 20
/�Lt
Robert A. Butler
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF nd I'd Pa,
J SS:
COUNTY OF i I tort
Before me, a Notary Public in and for said County and State personally appeared
R pfXr4., /4. U ;)-1QX 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 t a day of dRaer 20 0.3.
[Seal}
Notary Public
,j /7 At //erd,
t tom':
,.ss Printed Signature
Commission Expiration:
i 20 2-009
County of Residence:
Exhibit A
A part of deed Record No 992 page 4230 to Robert A. Butler
recorded in the Office of the Recorder of Hamilton County, Indiana
which easement is more particularly described as follows:
Easement Description
A utility easement 10 feet in uniform width lying contiguous to
and north of the south property line containing .06 acres
more or less.
357.1 E
0.59 Acres
o ,5
234.69' W
10' Utility
Easement
Scale 1"-75'
451 -5362
46butler8000
08/01/02
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
mss/ I j
Mary Ann Bu e, embe
Date: 1 I
/Lori W. on 4 ember
Date: (`1 �0
ATTEST:
Sandra M. JohnsoT.
Oti 4
Deputy Clerk for
Diana L. Cordray, C Clerk Treasurer
STATE OF INDIANA
SS:
COUNTY OF it/9/// //()4
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
3A/11Wa Foe
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 day of 4 e- 64 1 1
NOTARY PUBLIC r
aNAJ //3 .1.
Printed Name
My Commission Expires:
W /9 /o My County of Residence: J 4m/A.To»
Date: /°Z% 3