136th - Carmel Cemetery Association 2003 00056349
Filed for Record in
JENNIFER J HAYDHRMILT0N COUNTY INDIANA
EN
EASEMENT AGREEMENT 06- 12 -2003 At 08:26 am.
IS
EASEMENTS 18._00
KNOW ALL MEN BY THESE PRESENTS that the undersigned, CARMEL
CEMETERY ASSOCIATION, as the fee owner of certain real estate, (hereinafter collectively
referred to as "Grantor for and in consideration of the sum of Thirteen Thousand Three
Hundred and 00 /100 DOLLARS ($13,300.00) 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. Grantee agree to install a "water tap" in the rear area of the easement that
Grantor may access for future water usage.
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.
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
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
1
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 and as husband and wife this, the 200 day of M AA( 20b3.
CARMEL CEMETERY ASSOCIATION
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Printed:64tcj{ 1
SEMETTYty /z E, 2 E T -itle: f iftEW) 4 C44 EC_CEitaf#
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF 1 ∎A A
)SS:
COUNTY OF 14 An 11Urb aJ
Before me, a Notary Public in and for said County and State personally appeared
.J4N s g« A M,AlerCknown 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 a day of n4 20 0 3.
[Seal}
RONALD L. BUSSELL
Notary Public
g Hamilton County
My Commission Expires
SEAL
March 23, 200 a A-/4 r S
Printed Signature
Commission Expiration:
/1//72-e- f Z3 2e'o
County of Residence:
Exhibit A
A part of deed Book No 278 Page 370 to Carmel Cemetery
Association recorded in the Office of the Recorder of Hamilton
County, Indiana which easement is more particularly
described as follows:
Easement Description
A utility easement 15 feet in uniform width lying contiguous to
and north of the south property and northeast of the southwest
property line containing ,29 acres more or less.
55o1& 0
1
357- a 2
N
tNi
tO
.378.28 East
"1, 85 East 73. East
h w
y ��ii
o"t'il, 5 Acres
oi
cr
15' Utility i
Easemen 1/1/1/ iiiiiiiiu
470.97 West
Scale 1"---,2O0'
451 -5362
54ccmataryl0785
11/06/01
STATE OF INDIANA
SS:
COUNTY OF a I Larir
r
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 be the Members of the City of
G A •ZO so...sod r .1C-Ictiltj
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.
.A ItA 0 1 2■1;t!T ,i.;.„:,;.,
Witness my hand and Notarial Seal this of
NOTARY PUBLIC
I
D
e .11/1//v Dr1
My Commission Expires: Printed Name •''''.,,,,“;1,0
L i NO My County of Residence: /4/291
Date: L.57 91/43
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Ai/
Mary Ann B rke, Member V
Date: _3 -03
Lori 'atson, e r er
Date: 5 (3/ o
ATTEST:
i
hC. e f s M. Johnson,
Diana L. Cordray, ,'C Clerk Treasurer Depoty Clout