Shelborne - Cole Limited Partnership ts e., EASEMENT AGREEMENT APPROVED, A TO
KNOW ALL MEN BY THESE PRESENTS that the undersigned, CO LIMITED
PARTNERSHIP III, 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 Nine Thousand and
no 00 /100 DOLLARS ($9100.00) in hand paid, the receipt and sufficiency of which is hereby
moc..z-nro acknowledged and confessed, does hereby GRANT, BARGAIN, SELL AND CONVEY UNTO
Damn o
tni zz► -•o
m•iz w The City of Carmel, Indiana, an Indiana municipal corporation, its successors and assigns
3ro► -4rao
m o m-t o (hereinafter referred to as "GRANTEE"), an exclusive and perpetual easement upon, over, under
-ia71zo cn
CO Cr'
F:63 and across the real estate located in Hamilton County, Indiana, and described in Exhibit "A"
mmc
crDZO
o attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing,
rr}•
r,,';,) maintaining, operating, inspecting, altering, replacing and removing utility lines and equipment.
curt z'
Grantee shall have the right of ingress and egress over, under, upon and across any land,
oa n
z
2__D_ 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 thesuiface 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
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 Grantors represent and certify that they are the fee simple owners 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 Grantors hereby represent
that they have the authority to bind Grantors, jointly and individually, to the terms and conditions
set forth herein.
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: i e the (t day of 11 20 0 3
Sidney J. u t sch
C/O Cole Limited Partnership, III
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF 4111
)SS:
COUNTY OFz 1�
Before me, a Notary Public in and for said County and State personally appeared
known to me to be the individuals whose names are subscribed to
1•
the foregoing instrument and consideration therein expressed, and in the -a. therein stated.
Given under my hand and seal of office, this r day of 12 20 6 3.
[Seal}
v�.
tary Public
d a Y
�f` JJ
Jig/tie
xi x
Printed Signature
Commission Expiration: J 2 n e L
County of Residence:
EXHIBIT "A"
Project: City of Carmel, Shelborne Road Water Main Extension Sheet 1 of 3
Parcel No. 1 WATER LINE EASEMENT
A part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 18 North,
Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the
easement lines depicted on the attached Easement Parcel Plat, described as follows: Commencing at the
northeast corner of said quarter- quarter section, said northeast corner being designated as point "13" on
said plat; thence South 89 degrees 46 minutes 36 seconds West (assumed bearing) 45.00 feet along the
north line of said quarter- quarter section; thence South 0 degrees 00 minutes 30 seconds East 16.50 feet to
point "301" designated on said plat and the point of beginning of this description, which point of
beginning is on the south boundary of West 131" Street: thence South 0 degrees 00 minutes 30 seconds
East 33.50 feet to point "302" designated on said plat; thence North 89 degrees 46 minutes 36 seconds
East 15.00 feet to point "303" designated on said plat; thence South 0 degrees 00 minutes 30 seconds East
1,264.74 feet to the south line of said quarter- quarter section; thence South 89 degrees 48 minutes 58
seconds West 15.00 feet along said south line; thence North 0 degrees 00 minutes 30 seconds West
1,244.73 feet to point "328" designated on said plat; thence South 89 degrees 46 minutes 36 seconds West
15.00 feet to point "305" designated on said plat; thence North 0 degrees 00 minutes 30 seconds West
53.50 feet to point "304" designated said plat, which point is on the south boundary of said West 131
Street; thence North 89 degrees 46 minutes 36 seconds East 15.00 feet along the boundary of said West
131' Street to the point of beginning and containing 0.454 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.
E
Denise K. Anderson Date
Registered Land Surveyor
Indiana No. LS29500022 STATE OF
e /,J'/O SURv
EXHIBIT "A" SHEET 2 OF 3
EASEMENT PARCEL PLAT
Prepared for the City of Cormel, Indiana
by Beam, Longest Neff L.L.C. (Job #3847) SEE INSET
I
i I
A ,,J W. 131st STREET App. Exist. R/W 3E) 29 J ir
71,
V" �c ALBERT A DRA
O 150' LE GAL DRAIN IN EASEMENT t
I
I
Z I
I
et MI I °a
I w I
12 P N ElI R I w
LO 2. 1 W. 131st STREET
m
10
ATER and operate LINE EASa App. Eosl. R/M
l Easement to construct, main/ I LT,
and video and/or W or information I
services in favor of Indiana Bell Telephone Co.. Inc.
a T w 1
INSET SCALE 1" =100' I
I x
c, I
C D C I
Asx 1
I
I
I
I
I
I
I
WATER LINE EASEMENT- 1
1 I
WATER LINE EASEMENT
300 0 300 600
i i,... 42 141 h A A I: ET
scAL£ r"-- 300'
-4,1 WPM it P
'r• WATER LINE
1 EASEMENT
0
HA TCHED AREA IS THE APPROXIMATE EASEMENT AREA
J
OWNER: COLE LIMITED PARTNERSHIP AGREEMENT III
PARCEL: 1 DRAWN BY: R.J. McCOOL 2 -5 -03
PROJECT: SHELBORNE ROAD WATER MAIN EXTENSION CHECKED BY: D.K. ANDERSON 2 -11 -03
ROAD: SHELBORNE ROAD INSTRUMENT /9809860429, DATED 10 -21 -98
COUNTY' HAMILTON
SECTION: 30
TOWNSHIP: 18 N.
RANGE: 3 E.
Dimensions shown are from the above listed Record Documents.
J
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
if I
M.ry I, urke, Member
Date: 3 03
Loi W on, ember
QD
"AT
L:t Sancta Ba. Z (12:6/4)a)
"so 7141"f:2" 4 Depoly Cant for
Diana7j,Xoraily,...RLAC Clerk-Treasurer
0314
P
STATE OF INDIANA
SS:
COUNTY OF tr-1
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 bete Members of the City of
.1 M aJ 1 D C—P,.) `ry FOYL
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.
Witness my hand and Notarial Seal this Zi day of 1(4 2; 063,\ I f t
2
NOTARY PUBLIC "i f
�f y i
My Commission Expires: Printed Name i r
x
‘f//8/07 My County of Residence: f/f)v'4To0
Date: 520243