Carmel Drive - Pro Med LTD ff
1.
V 200300025260
O Filed for Record in
A HAMILTON COUNTY, INDIANA
U/ JENNIFER J HAYDEN
i �3 -13 -2003 08:28 am.
EASEMENTS 20.00
APPROVED, AS 5)
EASEMENT AGREEMENT F® Y c.
KNOW ALL MEN BY THESE PRESENTS that the undersigned, PRO -MED, LTD., as
the fee simple owners of certain real estate, (hereinafter referred to as "Grantor for and in
consideration of the sum of SEVENTY SEVEN HUNDRED DOLLARS ($7700.00) 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. 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 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 perfonning any of its
1
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 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 they
have 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
a 9 day of 4 ,20d3.
e•
P'oo -MED, LTD. f L
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF 6D /0r 2J B
SS:
COUNTY OF /n.3G
j Before me, a Notary Public in and for said County and State personally appeared
f'O Out krnhui2Dig.if 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 zq day of 20 d_3.
[Seal} n n r
G P s v 1 lCd J( /J) n
Y P
i,. ��I, Notary Public I
i KIM 1
f, k D AwsoN i i
t 5 1/"V in 1 Liis�{)
'I1 k, e op CO �P Printed Signature
Commission Expiration:
12 -.i2CP (Dt4
1
County of Residence:
M esA teg
Exhibit A
A part of deed Record No 351 page 913 to Pro —Med LTD.,
an Indiana Limited Partnership recorded in the Office of the
Recorder of Hamilton County Indiana, easement is more
particularly described os follows:
Easement Description
An utility easement 15 feet in uniform width lying contiguous to
and south of the north property line containing .09 acres
more or less.
247.6' E
Existing "qui 15' Utility Easement
Easement
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37' E
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451-5362
3n/za/m Scale 1"--100"
iorg „d3000 284.6' W
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Approved and Adopted this 6 day o :Y 200
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
James Brainard, Mayor
Date:
a----' )g.e.A.--,-,4__..
624
Mary A Bur e, Member
Date: '--D, 3
L ori Wat •n, Me ber
I9.te a, //y103
ATTEST:
Al-
1/1( 1 1 ��4 'ra Imot ®rm,
r Tana Cordray, Clerk-Tr:.. urer
Date: 02 i 9/0
STATE OF INDIANA
SS:
COUNTY OF gAih 11'0)
Before me, a Notary Public in and for said County and State, personally appeared
James Brainard, Mary Ann Burke, and Lori Watson, by me know to be the Members of
%1NDeii
the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk
Treasure of the City of Carmel who acknowledged the execution of the foregoing
"Easement Agreement" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this k f day of
e
NOTARY PUBLIC
4N/il 3,91/6
Printed Name
My Commission Expires:
Y //q1/6 g My County of Residence: y9/
Date: 0 1/4 e/60