Unknown - Myers, Alan/Barbara/Carol fi t
Instrument
9®09866238 9809866238
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 11 -18 -1998 At 03:17 pm.
�(J EASEMENTS 14.00
r UTILITY EASEMENT
ALAN MYERS, BARBARA MYERS, and Carol Heywood, individually and collectively, (the
"Grantors as the fee owners of certain real estate described in Exhibit "A" (the "Land for TEN DOLLARS
($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged, do hereby
GRANT, SELL AND CONVEY to the City of Carmel, Indiana (the "Grantee an exclusive and perpetual
easement upon, over, under and across certain real estate described in Exhibit "A" and incorporated by
reference (the "Easement This Easement is granted for the purpose of laying, installing, constructing,
maintaining, operating, inspecting, altering, replacing and removing_ water and sewer lines and related
equipment (the "Utility Lines If the Utility Lines are in good faith installed in a location other than
described in Exhibit A, then this Easement shall be deemed to include the land upon which the Utility Lines
are actually installed, and the Grantors agree to execute an appropriate substitute Utility Easement instrument
if requested by the Grantee.
The Grantee shall have the right of ingress and egress over, under, upon and across the Land to gain
access to the Easement. This Easement includes the right of the Grantee to use the Land of the Grantors', if
necessary and available, adjacent to the Easement for the temporary placement of equipment and materials
needed for the installation, repair or maintenance of the Utility Lines located in the Easement. This Easement
also includes the right of neighboring property owners to connect their property to the Utility Lines located in
the Easement, provided such neighboring property owners restore the surface of any disturbed portion of the
Easement or the Land to substantially the same condition as existed prior to the disturbance. The Grantee also
has the right, at its own cost and expense, to remove all trees, undergrowth, structures and other obstructions
from the Easement which may injure, endanger or interfere with the Grantee's use of the Easement.
The Grantors may not erect or maintain any structures, obstructions, or other improvements the
Easement or perform any act which would impair or interfere with the Grantee's use of the Easement,
including but not limited to, erecting or maintaining an earthen mound or series of earthen mounds.
If the surface of the Easement or the Land is disturbed by the Grantee to install, repair, maintain,
remove, replace the Utility Lines, the Grantee, at its sole cost and expense, shall restore the surface of the
Easement and Land to substantially the same condition as existed prior to the disturbance, except when the
Grantee has exercised its right to remove items from the Easement which, in the Grantee's sole opinion,
interfere with the rights granted herein. The Grantee shall have no duty to restore the Easement or the Land if
r
disturbed by neighboring property owners connecting their property the Utility Lines.
This Easement shall be in full force and affect for as long as the Easement is used by the Grantee for
the purposes stated herein.
The Grantors certify and warrant that they are the fee simple owners of the Easement and the Land;
that Grantors guarantee quiet possession of the Easement to the Grantee; that the Easement 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 Grantors will defend Grantee's title to the Easement
against all claims thereon.
This instrument may be executed by Grantors in separate counterparts, each of which shall constitute
a duplicate original.
Grantors have executed this easement this, the ,3 5 ay of 2L2 1998.
"GRANT
0 01111,4111,,,,/,,, Ai
Alan Myers 1 Carol Heywood 1
\i .,_.....i 4 z.4._..
AO
Barbara Myers
STATE OF INDIANA
)SS:
nC UN� OF HAMILTON
p :r' Befbr me, a Notary Public in and for said County and State personally appeared Alan Myers,
t,. Barbara Carol Heywood known to me to be the individuals whose names are subscribed to the
i` geienstr:urnent and consideration therein expressed, and in the capacity therein stated.
O v�en.LLi'nder my hand and seal of office, this 3Q day of 0C 19 re.
.n,.
•Fa-ii.t.1
otary Public
[Seal}
J■sl�ti G.`(oLcrfs
Printed Signature
Commission Expiration: 2 1
e
County of Residence: /YG %ni
This Instrument prepared by Craig A. Carpenter, Attorney at Law, One Civic Square, Carmel, Indiana, 46032
Exhibit A
The Land Description
A part of Lot Number 35, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Plat
Book 2, page 89 in the Office of the Recorder of Hamilton County, Indiana, which easement is more
particularly described as follows:
The Easement Description
An easement along the south property line in addition to the existing 7.5 utility easement. Beginning at the
northwest corner of the existing 7.5 utility easement, north 15' thence east to the northeast corner of said
easement thence back to the point of beginning, containing .02 acres more or less.
City of Carmel
4TON
April 8, 1999
Alan Myers, Barbara Myers and Carol Myers Heywood
29055 Flippins Road
Atlanta, Indiana 46031
Re: Warranty Deed and Utility Easement
Dear Mr. Myers, Ms. Myers and Ms. Myers Heywood:
Earlier this week our office received back from the Hamilton County Recorder's Office originals
of the warranty deed and utility easement agreement signed by you and officials from the City of
Carmel. These documents were recorded by the Hamilton County Recorder's Office in
November of 1998.
Enclosed are copies of the recorded documents. We will keep the originals in our office. If you
have questions, please call us at 571 -2414 or the Recorder's Office at 776 -9618.
Sincerely,
Rebecca L. Martin
Deputy Clerk
c file
enc e: copy of recorded agreement
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400