Hunt, Aley - Utility N
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1 Instrument if 1115'(-- f Book 137, Page 502 H x
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UTILITY EASEMENT
9502725
This indenture witness that: Aley E. Hunt
(hereinafter called "GRANTOR for and in consideration of Ten dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant, sell, and convey to the City of Carmel of Hamilton County, Indiana, a City, duly
organized and existing under the laws of the State of Indiana, (hereinafter called
"GRANTEE a permanent and /or a temporary easement and right -of -way to construct,
operate, control, maintain, reconstruct, change the size of, repair and remove utilities,
consisting of water, sewer, drainage and other lines and related utilities, appurtenances and
fixtures, along, under, through, and across the GRANTOR's land in Hamilton County, State
of Indiana, which easement is more particularly described as follows, to -wit:
r- C' eJ3
PERMANENT EASEMENT c
N3
REVIEWED B HA ILT See attached Exhibit A -1 through A -6
sday TEMPORARY EASEMENT Not Applicable
The easement here established is for the purpose of maintaining water, sewer, drainage,
and other lines and related utilities, appurtenances and fixtures across the above described
land. Also the right of ingress and egress over and across said strip and land adjacent to said
strip for the purpose of exercising the rights herein granted.
The GRANTEE will level the ground and reseed any areas that might be disturbed as
a result of the construction of the utilities, or as a result of any repairs that may be made to said
utilities hereafter. It is further agreed that any damage to any private drive, pipe, tile, fences,
or other property of the GRANTOR (other than trees, shrubs, and ground cover), occasioned
by the construction of said utility lines shall be repaired or replaced by the GRANTEE in as
good or better condition as the same presently exists.
GRANTEE shall have the right of ingress and egress over and across the easements
granted for purposes described herein. Whenever necessary or convenient, GRANTEE may
haul across the easements granted herein such utility facilities and other materials as may be
needed in the construction or maintenance of its utility system.
GRANTOR shall have the right to fully use and enjoy the strip of land granted as a
permanent easement except for such use as may impair, impede, or unreasonably interfere with
the exercise by GRANTEE of the rights granted herein. GRANTOR shall not construct or
permit to be constructed any house, structure, or obstruction on or over or interfering with the
construction or operation of any utilities or appurtenances constructed pursuant to this
instrument. GRANTOR further agrees that GRANTOR shall not change the grade of any
such utility facilities.
LIABILITY. The GRANTEE hereby agrees, by the acceptance of the within easement
and as a part of the considerations hereof, that any damages to the subject premises due to the
GRANTEE's work, including premises subject to a temporary easement hereunder, or to
improvements, personal property, lawn, driveways, shrubbery, drain tiles, trees or fences upon
the subject premises shall be the obligation and liability of the GRANTEE.
The GRANTEE shall indemnify and hold harmless the GRANTOR, its successors and
assigns, lessees thereof, and all of their agents, employees and /or representatives from and
against all claims, damages, losses, suits and actions, including attorneys' fees, arising or
resulting from the installation, construction, operation, maintenance, repair, renewal,
replacement and /or removal of said easement on, over, under and across the subject premises
unless caused by the negligence of GRANTOR, its successors, assigns, lessees thereof or their
agents, employees and /or representatives.
EXCAVATIONS. GRANTEE shall promptly back -fill any trench, ditch or other
excavation made or dug by GRANTEE so as to restore the surface of the ground thereover as
nearly normal as practicable to the complete satisfaction of GRANTOR.
SUBORDINATION. This Easement shall be subordinate to any future mortgage or
mortgages placed upon the premises, and upon the placement of any mortgage or mortgages
the GRANTEE's rights apunder shall continue with the conditi hat the mortgagee(s) shall
have the same interest arZRANTOR reserved herein.
EXISTING AND FUTURE ENCI JMBRANCES. The Easement and rights hereby
granted are subject to matters of record, leases, or other easements, rights of way, and rights
heretofore granted, whether of record or otherwise. GRANTOR, its successors and assigns,
reserves the right to grant to others rights of way in proximity to, crossing or overlapping the
Easement herein granted, provided that the same shall not materially interfere with
GRANTEE's rights granted herein.
ASSIGNMENT. This Easement may not be assigned unless written consent is obtained
from GRANTOR.
REVERTER. Upon termination of this Easement by GRANTEE the easement shall
revert to Grantor as though the same had never been granted. Upon termination of this
easement by GRANTEE GRANTOR may, at its sole option, prepare and execute an affidavit
and file the same in the Hamilton County, Indiana Recorder's Office, setting forth the details
ofthe termination pursuant to the provisions of this easement, and therefore this easement shall
be canceled of record and the cloud on the title of GRANTOR removed.
The grants, covenants, and stipulations hereof shall extend to and be binding upon the
respective heirs, successors, and assigns of the parties.
GRANTOR covenants and certifies that they are the sole owners of the above described
real estate and that they have the right, title, and capacity to grant the easement granted herein.
IN WITNESS WHEREOF, GRANTOR has hereunto set it(s) hand(s) this 15 day
of t_ lf) 94
/Ale Y E. Hunt
STATE OF INDIANA
SS
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
Aley E. Hunt
who acknowledged the execution of the foregoing
Utility Easement and who, having been duly sworn, stated that any representations therein
contained are true.
+0
Witness my hand and Notarial Seal this 1 .G day of h Z t441,4P4'
19 94
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OFFICIAL SEAL I _p f/tA te --t
No ary Public Edward P. Zanussi
Ar?Y p� A3 je5nt of N� t <1 nI County
J 7J77JJ7�JJJJJ777JJ1 JJJ7JJJ
My commission expires: 10 -5 -98
No Edward P. Zanussi
ofJn
Notary Public, State e of Indiana
Marion County ;r
My Commission Expires !q'05 /58:‹
40,..w ee'vv!!v fv /v 6 Noblesville, 4 S
Prepared under supervision of Gordon G. Byers, ttorney at Law,
IN 46060. All descriptions prepared by Jones Henry Engineers, Inc., 2420 Coliseum Blvd.
N., Suite 214, Fort Wayne, IN 46805.
1
EXHIBIT A -1
NE COR.
NE Y
S R/W, 126th Street 33 -18 -4
�N00 26'11 E 16.50'
1 'm300'
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N RARC -L 1
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S Line, NEY 33 -18 -4
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EXHIBIT A -1
EXHIBIT A -2
LAND DESCRIPTION
50 FOOT PERMANENT EASEMENT
A permanent easement across land in the East Half of the Northeast
Quarter of Section 33, Township 18 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows:
A permanent easement across a 50.00 foot wide strip of land, lying
50.00 feet west of and adjacent to the following described line:
Beginning at the Southeast Corner of the East Half of said Northeast
Quarter, said Corner being on the South line of land described in a
Deed of conveyance to Aley E. Hunt which was recorded on October 15,
1952 as Instrument 11152 of Book 137 on page 502 in the Office of the
Recorder of said County; thence through said described land and along
the East line of said East Half North 00 degrees 26 minutes 11 seconds
East 2630.43 feet more or less to a point on the South Right of Way
line of 126th Street, from which point the Northeast Corner of said
East Half lies 16.50 feet North 00 degrees 26 minutes 11 seconds East
and said point being the end of the herein described line and with
the West line of said strip terminating in the South line of said
East half and in said South Right of Way line, and with said strip
containing 3.02 acres, more or less.
Parcel 1
EXHIBIT A -2
EXHIBIT A -3
NW COR. NE COR.
E lr, NE 14 NE 14
33 -18 -4 N. LINE NE Y
S89 37'13'W- 1329.06'
a 1 x300'
cd
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W. Line, Existing
Sewer Easement
N00' 16'O1 W- 30.00'
L N894359-789.63'±
N89 43'59 E 471.00'
S89 43'59'W- 789.38't S0076'11'W- 30.00/111
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P APCFTL 2
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EXHIBIT A -3
EXHIBIT A -4
LAND DESCRIPTION
30 FOOT PERMANENT EASEMENT
A permanent easement across a strip of land being, a part of the East Half of the Northeast
Quarter of Section 33, Township 18 North, Range 4 East of the Second Principal Meridian,
Hamilton County, Indiana, also being a part of a tract of land conveyed to Aley E. Hunt, as
recorded in Deed Instrument 11152 in the office of the recorder of Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 89 degrees 37
minutes 13 seconds West (assumed bearing) along the North line of said Northeast Quarter a
distance of 1329.06 feet to the Northwest corner of the East Half of the said Northeast Quarter;
thence South 00 degrees 16 minutes 01 seconds East along the West line of the said East Half
of distance of 1498.32 feet; thence North 89 degrees 43 minutes 59 seconds East a distance of
471.00 feet to the Point Of Beginning; thence continuing North 89 degrees 43 minutes 59
seconds East a distance of 789.63 feet, more or less to point on the West line of an existing
permanent easement across said tract of land; thence South 00 degrees 26 minutes 11 seconds
West along the West line of said easement a distance of 30.00 feet; thence South 89 degrees 43
minutes 59 seconds West a distance of 789.38 feet; thence North 00 degrees 16 minutes 01
seconds West a distance of 30.00 feet to the Point of Beginning, containing 0.54 acres more or
less.
rce{ 2
EXHIBIT A -4
l
EXHIBIT A -5
1 =200'
N89 49'16 "E- 25.00'
50026'11"W-25.00'
N00'26'1 1 "E-25. 00' r S89 49'16 "W— 50. 00'
SE COR.
S89'49 '16 "W- 25.00' NE 14
S. Line, NE14 33 -18 -4
PARCEL 4
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EXHIBIT A -5
L a
EXHIBIT A -6
LAND DESCRIPTION
25 FOOT PERMANENT EASEMENT
A permanent easement across a strip of land, being a part of the East Half of the Northeast
Quarter of Section 33, Township 18 North, Range 4 East of the Second Principal Meridian,
Hamilton County, Indiana. Also part of a tract of land conveyed to Aley E. Hunt, as recorded
in Deed Instrument 11152 in the office of the recorder of Hamilton County, Indiana, more
particularly described as follows:
Commencing from the Southeast corner of the said Northeast Quarter; thence South 89 degrees
49 minutes 16 seconds West (assumed bearing) along the South line of said Quarter a distance
of 50.00 feet to the Point of Beginning; thence continuing South 89 degrees 49 minutes 16
seconds West along the said West line a distance of 25.00 feet; thence North 00 degrees 26
minutes 11 seconds East a distance of 25.00 feet; thence North 89 degrees 49 minutes 16
seconds East a distance of 25.00 feet, more or less to the West line of an existing permanent 50
foot easement across said tract of land; thence South 00 degrees 26 minutes 11 seconds West
along the said West line a distance of 25.00 feet, more or less, to a point on the South line of
said Northeast Quarter said point also being the Point of Beginning. Containing 0.01 acres more
or less.
Parcel 4-
EXHIBIT A -6