141st - King, Thomas/Laura b 0 200200077459
t. ii Q, Filed for Record in
j HAMILTONLCOUNTY, INDIANA
10-17-2002 08:25 am,
EASEMENT AGREEMENT EASEMENTS 18.00
KNOW ALL MEN BY THESE PRESENTS that the undersigned, THOMAS M. KING
AND LAURA M. KING, TRUSTEES, or their successors in Trust, under the Thomas M..
Laura M. King Living Trust, as the fee owner of certain real estate, (hereinafter referred to as
"Grantor for and in consideration of the sum of Ten Thousand and no 00 /100 DOLLARS
($10000.00) 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 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 Grantor, its 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, 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
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.
Grantor, its 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 Grantor 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. 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 persons 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
rv
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 her successors and assigns) upon the 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 she is the fee simple owner 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 Grantees title to the easement granted hereby against all claims thereon.
The person executing this instrument on behalf of Grantor hereby represents that she has
the authority to bind Grantor 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 this, the
P day of dziibt 206
-401 Ii
i
Thomas M. King T)
!G� `G
Laura M. King
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF
SS:
COUNTY OF Ld.
Before me, a Notary Public in and for said County and State personally appeared
hcr lrtg 1+!(9
L a t 5 known to me to be the individual(s) 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 day of 20
[Seal}
4tA_a L
Notary Public
VA/reku A- 64a6■7?
Printed Signature
Commission E d6 iration:
Cou ty of Resi nce:
I
Exhibit A
A part of Deed Record Number 9709713300 Thomas M. King,
Laura M. King Trustees, 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 Tying parallel to
and contiguous to the North R/W line of 141st Street containing
.45 acres more or Tess.
1325.79' S89'34'8 "W
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15' Easement
16.5' R /W- 1325.52' N89'32'26 "E
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CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
Gtr 7--------:
James Brainard, Mayor
Date: '7- 6/ pa_
4,...6.2„.„..
Mary Ann urke, Member
Date: r 5_/ 0
Member
Date:
ATTEST:
SANcRA key, 14 trip r /e»J
r
Diana Cordray, Clerk Tfeasurer
Date: 7 e/- L
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State personally appeared James
Brainard, Mayor, Mary Ann Burke, Board Member, and dray, Clerk- Treasurer, known
to me to be the individual(s) 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 3 I day of 1 LA-L 2002.
,01111titt o, Cd_A j ell •gee
Commission Expires: �.0 1ario� Notary Public
;.f
i e► 'gyp, VA
OD I
County of Residence 1ndia�� Printed Signature
"0233
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