5776 Meadowlark Place - Minnick, David/Anne A
1ny i1'rumknt
200300076000
Cross- Reference:
J
\C1
Instrument No. 200200033495.
11
APPROVED AS TO FORM
ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT
THIS ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT (the
"Assignment is entered into this /741 day of February, 2003 (the "Effective Date by and
among DAVID MINNICK and ANNE MINNICK, husband and wife "Minnick STEPHEN
W. DELAPLANE and JACQUELINE P. DELAPLANE, husband and wife "Delaplane and
THE CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC
WORKS AND SAFETY "Carmel
W•TNESSETH:
A. WHEREAS, Minnick and Delaplane entered into a certain Sanitary Sewer
Easement Agreement dated March 29, 2002 and recorded on May 6, 2002 in the Hamilton
County Recorder's Office as Instrument No. 200200033495 (the "Easement whereby Minnick
granted Delaplane an easement to construct and maintain a sanitary sewer pipeline under a
portion of Minnick'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, in accordance with the terms of the Easement, Delaplane has a right
to transfer and assign all of Delaplane's rights, duties and obligations under the Easement to
Carmel; and
C. WHEREAS, Delaplane desires to transfer and assign to Carmel all of its rights,
duties and obligations under the Easement; and
D. WHEREAS, Carmel desires to assume all of Delaplane'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, Delaplane
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; and as required by Section 12 of the Easement,
Minnick acknowledges and consents to Delaplane's transfer and assignment of the rights, duties
and obligations in, to and under the Easement to Carmel.
2003000760000
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
49690 08 -01-22003 At 08:07 am.
EASEMENTS 54.00
2. Indemnification. Carmel hereby indemnifies and saves harmless Delaplane from
and against all claims, losses, costs, liabilities, damages and expenses, including specifically (but
without limitation) reasonable attorneys' fees and costs of court, which Delaplane may suffer or
incur by reason of any act or cause of action arising under the Easement occurring after the
Effective Date. Delaplane hereby indemnifies and saves harmless Carmel from and against all
claims, losses, costs, liabilities, damages and expenses, including specifically (but without
limitation) reasonable attorneys' fees and costs of court, which Carmel may suffer or incur 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. Delaplane and Minnick 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 Assignment 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
[4
IN WITNESS WHEREOF, this Assignment of Sanitary Sewer Easement Agreement has
been executed by the parties hereto as of the date first above written.
40
AL,1■■■_■_
Stephen W. Delaplane Dav'd Minn
I, AA
Jacqu-1lne P. Delaplane Anne Minnick
11 "DELAPLANE" "MINNICK"
STATE OF INDIANA
SS:
COUNTY OF HO I)0N
Before me, a Notary Public in and for said County and State, personally appeared
Stephen W. Delaplane and Jacqueline P. Delaplane, who, having been duly sworn acknowledged
the execution of the foregoing "ASSIGNMENT OF SANITARY SEWER EASEMENT
AGREEMENT."
'3
Witness my hand and Notarial Seal this 741, day of r /1; e y 200X.
1 My Commission Expires:
05/a9/OO`6 Notary Public
My County of Residence: J( h, Krifr
1/4#41;/10e) (Printed Signature)
M A
Po
49690
STATE OF INDIANA
SS:
COUNTY OF NM, if oti
Before me, a Notary Public in and for said County and State, personally appeared David
Minnick and Anne Minnick, who, having been duly sworn acknowledged the execution of the
foregoing "ASSIGNMENT OF SANITARY SEWER EASEMENT AGREEMENT."
3
Witness my hand and Notarial Seal this 7.141 day of Fe-y�QuR/Z,l/ 200/.
My Commission Expires: `,(,A 4l' 644,6
OS/Q( 2007 Notary Public
My County of Residence: 6151; G 4,4-
14Ani, I{ (Printed Signature)
,1. fi it i ..t Y:� y,..).:. .?;l
1 0 i .12 te
0 .:N\ici
49690
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
ANDS ETY
r es Brainard, Presiding Officer
Date: 7
Ma y Ann '4 urke, Member
Date: ,3
sil
Lori Waton, Memb-.
Date: Val° 3
ATTEST:
f i Ffi[e low Cleat ger
D iana L. Cordra TAM( Clerk- Treasurer
STATE OF INDIANA
SS:
COUNTY OF k Aura n
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
/tnlraeA S61-11 Kirk) QoR�
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 "Non- Remonstration Agreement" on
behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal thisday of 2003.
N6 Ki",ARY PUBLIC
.0. on
y �y iJg
pl tC sEAL C
My Commission Expires: ;N0` to t3.2 'P ni'ecfName
eounty of Residence:
Date: 0 r(-0;),-02)
This instrument was prepared by Tammy K. Haney, Esq., Bose
McKinney Evans LLP, 600 E. 96th Street, Suite 500,
Indianapolis, IN 46240