136th - Huff, Terry/Tina c.
20040003456
Filed for Record in
HAMILTON COUNTY,
JENNIFER 3 HAYDEN
05 -21 -2004 At 08 :14 am.
5 6) EASEMENTS 28.00
v\
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Terry E. Huff and
Tina A. Huff, husband and wife, and as the fee owners of certain real estate, (hereinafter
collectively referred to as "Grantors for and in consideration of the sum of $6,300.00 (Six
Thousand Three Hundred Dollars and No Cents)_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 part hereof, for the purpose of laying, installing,
constructing, maintaining, operating, inspecting, altering, replacing and removing water utility
lines and equipment. If the water 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 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 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 tl 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; 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 Huff City of Carmel Easement Agreement is approved by and consented to by:
Roehling Enterprises, Inc.
An Indiana domestic corporation
By: A
Raymond Roehling, Presid Date
STATE OF /Aid,/ I 4 q
SS:
COUNTY OF 7144/1 1 /041
n a
Before me, a Notary Public in and for said County and State personally y pp eared
/y,no o 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. L
Given under my hand and seal of office, this .sr �1 day of d'My
2004. Y
Aet
l
Notary Public
L IS4 L, kem
Printed Signature
Commission Expiration:
s 6 1/2oo 8
County of Residence:
///94/ I /nlOn/
r, 10410
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IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually and as husband and wife this, theS day of N,a,
2004.
Terry E. Huff Tina A. Huff
STATE OF „_/1/d 46/79
SS:
COUNTY OF 47: //0/t
Before me, a Notary Public in and for said County and State personally appeared
/y r�, //,7q- 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 6 f `i day of M/9
2004.
N ary Public
4
/s/9 Aej 4).9-
Printed Signature
Commission Expiration:
15/ 06
County of Residence:
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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
AND S'`1 ETY
dames Brainard, Presiding Officer
Date:
Mar Aim urke, Member
Date:
f
Lori Wa .on, ems -r
Date: `S c /o
ATTEST:
Sandra M. Johnson,
Deputy Clerk for
Diana L. Cordray, I i Clerk-Treasurer
STATE OF INDIANA
SS:
COUNTY t //OA
B efore 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
�a nc�ra ��►vl�cn,
cm-
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasurerof the City of
Carmel, who acknowledged the execution of the foregoing "Non- Remonstration Agreement" on
behalf of the City of Carmel, Indiana. t.. P" P( 6
Witness my hand and Notarial Seal this 0 of ice' ti 2Q0.4:,
G ;aP10 �,KH
NOTARY PUBLIC
C M :Yt.
'�'z' J
My Commission Expires: Printed Name 05l 5 /or My County of Residence: 43m
Date: 5/31/4 y
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Exhibit A
A part of deed Record No. 9124567 to Terry E. Huff and
Tina A. Huff 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.
677.07' S89 58 53 "E
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Proposed 15'
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Utility Easement
�AIW/ I ∎■I∎-I- I--I--I�--= I.•-4/ I� ∎I ∎7/ ■■M
678.78' S89 59'20 "W
15' Drainage Easement
North R/W
Scale 1"-100'
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