141st - Pryor, Arlet/Claudia (2) O 200200060123
Filed for Record in
f o p HAMILTON COUNTY INDIANA
i EASEMENT AGREEMENT MARY L CLARK
08- 2,-c002 08:29 am.
/C° EASEMENTS 18.00
KNOW ALL MEN BY THESE PRESENTS that the undersigned, ARLET PRYOR and
CLAUDIA V. PRYOR, husband and wife, as Individuals, and as the fee owners of certain real
estate, (hereinafter collectively referred to as "Grantors for and in consideration of the sum of
TWO THOUSAND ONE HUNDRED DOLLARS ($2100.00) 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 water lines and equipment. Availability and connection fees shall be waived for one
acre of land, and for the existing house should Grantor choose to hook up to the water main at a
future date. A fire hydrant shall be installed just inside the eastern boundry around the location of
the existing mailbox and driveway. A one inch (1 service tap to serve the existing house will be
placed at a location to be designated by Grantor.
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 for purposes of maintaining and repairing the water main. 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 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.
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 Grantees use and
enjoyment of the easement herein granted. Grantee acknowledges that it shall be responsible for
any damage done to the fence during construction and /or future maintenance activities.
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 lines or equipment, Grantee, at its sole cost and expense, shall repair and
o..
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 Grantees sole opinion, is or
would interfere with the rights granted herein. Grantee agrees that it will begin restoration of
grantees property within five working days after the water main installation is complete. 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 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 that 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 Grantees 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.
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually and as husband and wife this, the 01 day of J e
Arlet Pryor
Claudia V. Pryor
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF JNd tA
)SS:
COUNTY OF /7 /7!QA)
Before me, a Notary Public in and for said County and State personally appeared
/9r 4 -1- C 49 ud,',4 PR TOR 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 i/ day of j P 20 0,2
[Seal} ,Z4/4
_,dit Notary Public
5 4 /eP4 J X2 I
Printed Signature
Commission Expiration:
_0_571;M/200 a y 1
xrJ .•ten C.:
County of Residence: ""1,j i i 7,-.t N92 //OA) >_"11,;:‘::;-'7
,'y;.
L
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
e .„„„„..e....„:,/
es Brainard, Presiding Officer
Date: g 2 V 02 /40 tCI %'k
7)1
Mary o urke, Member
Date: N� YY 6/0/01100 /AO v)
Member
Date:
ATTE .A w:
y
/I i 4 /t
Diana;L.rQ,orr'a�1 L -rk -Tr a urer
CARR7F 0/ 4e, h e Alai)/
Uiy
STATE OF INDIANA
SS:
COUNTY OF 30/. i_76 N
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Member, by me known to be the Members of the City of Carmel
CC�&Rk1 (64Uhl,b 1ESQ, IDEP Fok_
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.
Witness my hand and Notarial Seal this 44- day of C h i f 20.02,'
NOTARY PUBLIC
4Nn
My Commission Expires: Printed Name
4 6/2 i7, �OD7 My County of Residence: Gtz -/,&1v
Date: 9 3/ o7Do a
lY
Exhibit A
A part of Deed Record Number 881738r, To Arret Pryor And Claudia
V. Pryor Trustee, recorded in the Office 'of the Recorder of Hamilton
r County Indiana which easement is more particularly described
as follows:
Easement D
An utility easement 15 feet in uniform width Tying parallel to
and contiguous to the North R/W line of 141st Street containing
.24 acres more or less.
359.47'
S89'35' 40" W
1 1
1
W W
co
E I N
N
I 1
1 1
1
15' Easement
16.5' R/W
intraIMiiiiiiiiriiriiis.
359.47'
S89'35'40 "W 121r"
NTS