136th - Crook, Andrew/Rhonna 20040034562
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
05 -21 -2004 At 08:14 am.
EASEMENTS 32.00
3
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Andrew W. Crook
and Rhonna L. Crook, husband and wife, and as the fee owners of certain real estate,
(hereinafter collectively referred to as "Grantors 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 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 part hereof, for the
purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing
and removing water 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 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 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, 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 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.
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 Grantee's 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 water 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 Grantee's 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 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; subject only to an easement recorded 2/27/03
as Instrument 20030020240 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 Grantee's
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.
By signing below, the City of Carmel agrees to hold harmless, indemnify and defend
Roehling Enterprises, Inc. and its legal representatives, successors and assigns from and against
any loss, claim, cause of action, damage, liability, expense or cost of any kind or amount
whatever, including court costs and reasonable attorneys' fees which result from or arise out of
or are in any way related to City of Carmel's use or occupancy of the Easement or any
Temporary Construction Easement as provided herein, including any damage caused to the
existing drainage easement and drainage improvements therein. This subsection shall survive the
expiration or termination of this Easement Agreement.
The Crook City of Carmel Easement Agreement is approved by and consented to by:
Roehling Enterprises, Inc.
An Indiana domestic corporation
By: h".4ef S S�o
Raymond Roehling, President Date
STATE OF 1 Aid/4N A
SS:
COUNTY OF H/9 1 /641
Before me, a Notary Public in and for said County and State personally appeared
gfi y AiONCI G�1 /l/ known to me to
5
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 S I/7 day of R/
2004.
1 i ie 4/
Notary 'ublic
li,5 L. Xen
Printed Signature
Commission Expiration:
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County of Residence:
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IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually and as husband and wife this, the 5 day of poy BOO
2004.
P
An.rew W. Crook Rhonna L. Crook
STATE OF �ti00/iANill
SS:
COUNTY OF ,O1i 6 4 O.r/
Before me, a Notary Public in and for said Cou nty and State personally appeared
12/ iePLtl U k40/t/N4 (2/ea) known 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 5 day of `4M
2004.
2 a a A,7) a
Q Notary Public
o4.0)
INS s 1,
Printed Signature
Commission Expiration:
Os/a9/ ,1005.
County of Residence:
W/P)
This instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, IN
46032.
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
ANDS ETY
J. es Brainard, Presiding fficer
Date:
f441 ■1..
Mary Ann r e, Member
Date: —0 C
Lori Watson, e her
Date: (S'04
ATTEST:
Dogly anis r Jiff
Diana L. Cordray, I Clerk Treasurer
STATE OF INDIANA
SS:
COUNTY OF
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
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 day of
y y €�a�Q4�� �F
NOTARY PUBLIC
:may "s.� i
My Commission Expires: Printed Name rr 140111.:
y// y /off My County of Residenc TO'+�
1 1 111��
Date:
Exhibit A
A part of deed Record No. 8711786 to Andrew W. Crook and
Rhonna L. Crook recorded in the Office of the Recorder of
Hamilton County, Indiana which easement is more particularly
described as follows:
Easement Description
An utility easement 15 feet in uniform width lying contiguous to and
north of the north Right —Of —Way line and over the 15 Foot Drainage
Easement as shown below containing .23 acres more or less.
668.89' N89 58'53 "W
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Propos4d 15'
Utility asemen t
15' Drainage
Easemen t
North R/W
658.75 N89'59'211- 1��
Scale 1' -300'
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2 10
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CITY.OF CARM L'
�!ry�q �a�-�. tea WADIES ?`�r;:�.-
1Y1Y�11 1 Any Il TER ONE CIVIC SQUARE CARMEL, INDIANA 46032
(317) 571 -2443 FAX (317) 571 -2462
Additional Conditions to Easement Agreement Andrew and Rhonna Crook
In addition to the terms and conditions of the attached easement document, Carmel
Utilities is agreeable to the following:
1) Carmel Utilities shall compensate the Crook's $6300.00 for the Easement.
2) The current and future owners are not obligated to connect to the water line that
will be installed. In the event that they should choose to connect, availability and
connection fees equivalent to one residential unit and one acre shall be waived.
3) The 12" water main shall be installed within the existing storm sewer easement.
The Crook's understand that during construction, a temporary easement may be
needed for materials and equipment.
4) A 2" service line tap will be placed at location specified by the Crook's to be used
as a future connection point.
5) The line that will be installed is a 12" line that has been sized to serve future
development on and near the Crook's property.
6) The 12" line across the Crook's property shall be directional drilled to prevent
any damage or disruption to the existing fence. It is not anticipated that the
Crook's driveway will be disturbed. However, in the even that it is, it will be
repaired from the street back to the point that the driveway needed to be cut.
7) The construction time period shall not exceed sixty (60) days including any
restoration that needs to be completed.
8) Carmel Utilities is agreeable to paying reasonable attorney's fees that the
Crook's incur for the review of the Easement Document and Additional
Conditions.
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAF TY
Jam✓'Brainard, Presiding Officer
Date:
l igadh
i
Mar A urke, Member
Date:
i" Al
Lori Watson, e er
Date: �-C
ATTEST:
Sandra M. J, 1 •4.43,
JO to 'I 'WY IItsiret.
liana L. Cordray, IAMC Cl; rk- Treasurer
C
'f'. rew W. Crook Rhonna L. Crook
rimy S 07 4 Y\ d �Lk
Date Date
STATE OF Zvi/714'A
SS:
COUNTY OF 4)/ /7
Before me, a Notary Public in and for said County and State personally appeared
Andrew W. Crook and Rhonna L. Crook known 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 5'79? day of M
2004.
Notary Public
SA U /441,1
Printed Signature
Commission Expiration:
County of Residence: .4 4
t/ �Mib ft, i
//o
STATE OF INDI NA
SS:
COUNTY O
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by i e kno n to bv,the emb s o the Cit
r f Public Works and Safety, and Tana L. Cordray, o the it
Carmel Board o ub y, v, y of
Carmel, who acknowledged the execution of the foregoing "Non- Remonstration Agreement" on
behalf of the City of Carmel, Indiana.
f^ +uy t�'L1a
a Pt
Witness my hand and Notarial Seal this d of Sir 2004
•�pj r n,�n
NOTARY PUBLIC 'g4 11 t;
C 5
My Commission Expires: Printed Name I4444\t x;
117/1 r My County of Residence: c5-Ar7 /4
Date: 5 rJ -01-/-