146th - McDavitt, RD/Beverly 1. .a 200300112961
(-p EASEMENT AGREEMENT
1. ,#I l 1C_ APPROVED AS TO FORM BY O
KNOW ALL MEN BY THESE PRESENTS that the undersigned, R.D. and Beverly B.
McDavitt, Husband and Wife, as the fee owners of certain real estate, (hereinafter referred to as
"Grantor for and in consideration of the sum of Ten Thousand Two Hundred and 00 /100
DOLLARS ($10,200.00) 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 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,
provided that Grantee shall 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. 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
Ilk
I
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 certifies that they are the fee simple owner of the easement
area and real estate surrounding the easement area; that Grantors 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 persons executing this instrument on behalf of Grantors 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
IN day of Sep WI ei 20
I d
R.D. McDavitt
Beverly B. McDavitt
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF fuv ���v/ 200300112961 i led fo Re
Filed for in
HAMILTON COUNTY INDIANA
SS: JENNIFER J HAYDEN
1 -31 -2003 At 08:12 am.
COUNTY OF p EASEMENTS 220. Utz
Before me, a Notary Public in and for said County and State personally appeared
RD. ieveRI aui -H- 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.
Witness under my hand and seal of office, this 1O /4 day of Sepien,o e4 20 03
TY
No tary Public
1, I(Pfri
Printed Signature
Commission Expiration: 0 3pgep(o
County of Residence: /44M //o (v
s'L
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
7mes AFETY
Ce-i74/
Brainard, Presiding Officer
Date: /0.570_3
dthad
Mar Ann B ,r11, Member
Date: 0 f 23
Lori Watson, er
Date:
ATTEST:
Sandra M. Johnsam,
j/Ldiet. A-- 41 J/211 _Clerk for
Diana L. Cordray, IAMC Cler Treasurer
STATE OF INDIANA
COUNTY OF I i /rii 1 tii' SS:
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Arm Burke, and Lori Watson, by me known to be the Members 'of the City of
.5, ,'1 d i 0/7„2 Y?t pt,
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk Treas of 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 j) da Y of 0. hp/ us- J I C
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: /7/4
Date:
I
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7' 11831168 PAGE10
WEST 146TH STREET WATER MAIN
PROJECT
PARCEL 1
1..f0A1- DGSGR/PTIDN FOR ATWCNTY FOOT W/DG GA3GMGNT
A :hip of /and iwcnfy Ice/ In width by parallel Ilan In the Nodhcaal Marla and Nodhvcal punter of 5edion 22, T 4m:hip 18 Nodh, Rave, Ad
of the Second Piinclpd Meridian In Cloy Townah /p, County, hdlana, add olrlp kill more paUala/y locded ad decade,' as fdlawx
Correnclrq al The Nodhwcal turner of the Nodhcaa/ Quarto of 5ed/on 22, Townehlp 18 Nodh, Rage 9 Orel; thence 5c rihcrly on the Weal lire
of add Northwecl Ouch on ar arur ed bearing of 5oadh 00 degrcea 04 mimic, 43 vecondoWed a dla/arx of /6.50 fed to the f'L/1GG OF
BCGINN /NS of the within dcaerlbed twenty foot wide otrlp of qrounk Theme North 89 deepee, 06 ride, 00 oecvrde not pmdld with and
16'30 fed 5oulh of the North lire of said Northcaal Duata 412,50 fedi Metre 5adh 00 degrccO 04 Hideo 45 accordaWcat parallel with
lhcWeal lire of said Norlhcaat Ouala 20.00 fide thence S outh 89 degree, 06 rdn lea 00 oecordhWeel p rdid with add North line
412,50 led lo The Gaal lire of the Norlhveal Oriala of add 5edlon 22; thence South 89 degree 07 Hideo XI occondaWcal padld with
the North lint of said Norlhweal aorta 6/9.46 feet to the Cawley lint of WCSTGt 1A5G 5(01)11,//1ON, a cubdNioion in llerndlonCwrly,
Indiana, the 5cconday Pied of which wan recorded 0dobcr 10, 2000 on Sbde 502 in P/d Cabin:" Two ay beinrred Number
2000000519Y1 Mlle Office of the feecwder of tlord /Ton county, Irdlax !hence Nodh 01 degree 00 r+indec,2 accvrda taxi rea,wcd on
the Coat city line of said cubdiviaion a dialar ce of 20.00 fed lo a Line Thal to padld with and 16.'30 fed 5o:dh of the Nodh !Iw d add Nal /recce
aorta: Mare North 89 deveco 07 Halle, .50 cco da Carl padld with add North lire 6/9834 fed lo the place of bcgim4q, cat ainrnT
0.474 ocie, riore °d en.
Doled: July 29", 200,5
EASEMENT LEGAL DESCRIPTION
11831168 PAGE 14