141st - Towne - Ditch Road Properties 200
Filed for Record in
HAMILTON COUNTY, INDIANA
\\1 MARY L CLARK
03- cl -LOOc. 08x31 am.
EASEMENTS 17.00
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Ditch Road Properties,
LLC, an Indiana limited liability corporation, and as the fee owners of certain real estate,
(hereinafter collectively referred to as "Grantors 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 Grantors, jointly and severally, and the Grantee,
shall join in the execution and acceptance of an appropriate substitute easement instrument if either
the Grantors 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 ands 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 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 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.
Grantor, 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. 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 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. 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 parties, 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 Grantors' 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 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 Grantor represents and certifies that they are the fee simple owners 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.
F
The person or persons executing this instrument on behalf of Grantor hereby represents that
they have the authority to bind Grantor, jointly and individually, 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 individually the
day of AA A r‘ 4, 20 o2.
Paul F. Rioux, President of Platinum
Properties, LLC as manager for Ditch Road
Properties, LLC.
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF INDIANA)
)SS:
COUNTY OF t' AFZIo4
Before me, a Notary Public in and for said County and State personally appeared Paul F.
Rioux, known to me to be the individual 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 II r' day of 11 20 02.
[Seal}
OFFICIAL SEAL Notary blic
Y p
BA R TIMOTHY J. WALTER
Notary Public, State of Indiana
Resident of Hcrniiton Counfy F --<-734-07-#J)) /1iQ iT1C-
Z.,b My Commission Expires Nov, 11, 2007
Printed Signature
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S OCIZte 9940 Allisonville Rd. Fishers, IN 46038 Z
(317) 849 -5935 1 -800- 728 -6917 FAX: (317) 849 -5942 S.E. COR. N.W. 1/4
DIR: 42611 X -FILE: 42611 SUB-FILE: `I SEC. 21 -T18N -R3E
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A part of the Northwest Quarter and port of the Northeast
Quarter of Section 21, Township 18 North, Range 3 Eost, in a)
Hamilton County, Indiana, being more particularly described as z
follows:
Beginning at the Southwest corner of the Northwest Quarter of
said Section 21, said point also being the POINT OF BEGINNING
of this description; thence North 00 degrees 40 minutes 16
seconds West along the West line of said Quarter Section 60.00
feet; thence North 89 degrees 18 minutes 07 seconds Eost
parallel with the South line of said Northwest Quarter Section
575.00 feet; thence South 00 degrees 41 minutes 53 seconds S.E. COR. W 1/2, N.W. 1/4
East 20.00 feet; thence North 89 degrees 18 minutes 07 i. SEC. 21 -T18N -R3E
seconds East parallel with the aforesaid South line 769.55 feet;
thence North 89 degrees 17 minutes 24 seconds East parallel
with said South line 1,344.69 feet; thence North 89 degrees 17
minutes 43 seconds East parallel with the South line of the H
Northeast Quarter of said Section 142.06 feet; thence South 00 W
degrees 42 minutes 17 seconds East 40.00 feet to a point on
the South line of the Northeast Quarter of said Section; thence y N
South 89 degrees 17 minutes 43 seconds West along said South
line 142.05 feet to the Southeast corner of the Northwest iH
Quarter of said Section; thence South 89 degrees 17 minutes
24 seconds West along the South line of the aforesaid 'd
Northwest Quarter Section 1,344.70 feet to the Southeast corner w
of the West Half of said Quarter Section; thence South 89 o
degrees 18 minutes 07 seconds West along the aforesaid South
line 1,344.58 feet to the place of beginning. Containing 2.864
acres, more or less, subject to legal highways, rights -of -ways, co r4
easements, and restrictions of record. Z�
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F ebruary 22, 2002 S00'41'53 "E M J
Rev. March 7, 2002 20.00' N
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TOWNE ROAD SEC. 21 -T18N -R3E
EXHIBIT "A" WEST LINE, N.W. 1/4 N00'40'16 "W
SEC. 21 -T18N -R3E 60.00'