River - Pursel, Edward/Rosalea assignment to Platinum Properties Instrument
2003000252
a o APPROVED, ALTO
FORM
ASSIGNMENT OF UTILITY EASEMENT AGREEMENT
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THIS ASSIGNMENT OF UT LIY EASEMENT AGREEMENT (the "Assignment is
entered into thisc" day of F r 2003, (the "Effective Date by and among Edward Leon
Pursel and Rosaleo.Pursel and, husband and wife "Pursel Paul F. Rioux on behalf of Platinum
Properties, LLC "Platinum and The City of Carmel, Indiana by and through its Board of
Public Works and Safety "Carmel
WITNESSETH:
A. WHEREAS, Pursel and Platinum entered into a certain Utility Easement
Agreement dated August 28, 2002 and whereby Pursel granted Platinum an easement to
construct and maintain a sanitary sewer pipeline under a portion of Pursel's property located in
Hamilton County, Indiana and more specifically described in the Easement attached hereto as
Exhibit A and incorporated herein by reference; and
B. WHEREAS, Platinum desires to transfer and assign to Carmel all of its rights,
duties and obligations under the Easement; and
C. WHEREAS, Carmel desires to assume all of Platinum's rights, duties and
obligations under the Easement arising or occurring from and after the Effective Date of this
Assignment in accordance with the terms set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein and each act performed hereunder by the parties, the parties hereby agree as
follows:
1. Assignment and Consent. Pursuant to the provisions of the Easement, Platinum
hereby assigns to Carmel all rights, duties and obligations in, to and under the Easement. Carmel
hereby accepts such assignment of the Easement and agrees that it shall have and be subject to
all rights, duties and obligations accruing thereunder from and after the Effective Date of this
Assignment. By execution of this Assignment Pursel acknowledges and consents to Platinum's
transfer and assignment of the rights, duties and obligations in, to and under the Easement to
Carmel.
2. Indemnification. Carmel hereby indemnifies and saves harmless Platinum from
and against all claims, losses, costs, liabilities, damages and expenses, including specifically (but
without limitation) reasonable attorneys' fees and costs of court, which Platinum may suffer or
incur by reason of any act or cause of action arising under the Easement occurring after the
Effective Date. Platinum hereby indemnifies and saves harmless Cannel from and against all
claims, losses, costs, liabilities, damages and expenses, including specifically (but without
200300025263
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
49690 03 -13 -2003 08 :28 am.
ASSI GNMENT 22.00
Carrnel may suffer or incur b
limitation) reasonable attorneys' fees and costs of court which Ca e a s
Y Y by
reason of any act or cause of action arising under the Easement and occurring prior to or on the
Effective Date.
3. Notices. The Easement is hereby amended to include the following notice
addresses for Carmel and its counsel:
To Carmel: City of Carmel
One Civic Square
Carmel, IN 46032
Attn: Director of Utilities
With a copy to: City of Carmel
One Civic Square
Carmel, IN 46032
Attn: City Attorney
3. Representations and Warranties. Pursel and Platinum hereby represent and
warrant to Carmel as follows:
(a) The Easement is in full force and effect, has not been amended, neither party is in
default thereunder and no events have occurred which, with the giving of notice or the passage of
time or both, would constitute a default thereunder.
(b) The representations and warranties hereunder shall survive the assignment of the
Easement to Carmel.
4. Benefitted Parties. This Assignment shall run with the land and shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and assigns.
5. Governing Law. This Assigmment shall be governed by and construed in
accordance with the laws of the State of Indiana.
6. Authority. Each party hereby represents that it has full power and authority to
execute, deliver and perform its obligations hereunder.
[SIGNATURES ON FOLLOWING PAGE]
49690
IN WITNESS WHEREOF, this Assignment of Utility Easement Agreement has been
executed by the parties hereto as of the date first above written.
a-7 pa r
Edward Leon Pursel Platinum Properties, LLC
i Paul F. Rioux, President
Rosalea Pursel
"PURSEL" "PLATINUM"
1 Pt, OFFICIAL SEAL
STATE OF INDIANA
KENNETH R. BRASSEUR F'
zo
SAL: Notary Public, State of Indiana a'
SS: Resident of Hamilton County
COUNTY OF /1 ro4) My Commission Expires Oct. 19, 2007
Before me, a Notary Public in and for said County and State, personally appeared Edward
Leon Pursel and Rosalea Pursel, who having been duly sworn acknowledged the execution of the
foregoing "ASSIGNMENT OF UTILITY EASEMENT AGREEMENT
Witness my hand and Notarial Seal this :2 A- day of 7 �yA.er 2003.
My commission Expires: /U /7l/0 7
Notary Public
My County of Residence: /49,, 7—o /5 /3
(Printed Signature)
OFFICIAL SEAL
o
"'G KENNETH R. BRASSEUR F'
STATE OF INDIANA SEAL Notary Pubflo. State of Indiana
SS: ,JJ Resident of Hamilton CounIy
COUNTY OF rA2io.) NOiaNQ. My Commission Expires Oct 19, 2007 k
Before me, a Notary Public in and for said County and State, personally appeared Paul F.
Rioux, who having been duly sworn acknowledged the execution of the foregoing
"ASSIGNMENT OF UTILITY EASEMENT AGREEMENT
Witness my hand and Notarial Seal this c of T Y 2003.
My commission Expires: /W/41/4 7
Notary Public
My County of Residence: /979 ro.ti `)i/ir/ riS/ le 8W/ .S`S /e
(Printed Signature)
49690
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF PUBLIC
WORKS AND SAFETY
By:
J es Brainnard, Presiding Officer
Date: 0,
By:
Mary urke, Member
Date:
BY Vii%
mber
Date: c7YS n 3
ATTEST:
/76 411 /0
B Deputy Clerk Ter
Diana Cordray, IAMC Clerk- Treasurer
Date: C
"CARMEL"
49690
STATE OF INDIANA
SS:
COUNTY OF f(A/ti i I10
Before me, a Notary Public in and for said County and State, personally appeared
Mayor James Brainard, Mary Ann Burke and by re own ta. J J i
Members of the City of Camel Board of Public Works and Safety, and Diana ordray, Clerk
Treasure of the City of Carmel, who acknowledged the execution of the foregoing
"AGREEMENT OF SANITARY SEWER EASEMENT AGREEMENT" on behalf of the City
of Carmel, Indiana.
Witness my hand and Notarial Seal this 5 day oflUCO
Notary Public j;
e, At/A)
Printed Signature
Commission Expiration:
County of Residence:
This instrument was prepared by Tammy K. Haney, Esq., Bose McKinney Evans LLP, 600 E.
96 Street, Suite 500, Indianapolis, IN 46240.
49690
EXHIBIT "A"
"THE SANITARY SEWER EASEMENT AGREEMENT"
49690