Unknown - Murphy, Thomas 200200060127
Filed for Record in
P MARY LLCCLARKCOUNTY, INDIANA
I\ EASEMENT AGREEMENT 08 -23 -2002 08:29 am.
EASEMENTS 16.00
KNOW ALL MEN BY THESE PRESENTS that the undersigned, THOMAS P.
MURPHY as the Trustee of the Murphy Family Trust, (hereinafter collectively referred to as
"Grantor for and in consideration of the sum of EIGHT THOUSAND and 00 /100 DOLLARS
($8000.00) 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 a non exclusive utility easement, upon, over, under and across a ten
foot strip of the real estate located in Hamilton County, Indiana, and described in Exhibit "A"
attached hereto and hereby made a part hereof, "The Easement Area soley for the purpose of
laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing at Grantees sole cost, a water line and related facilities (the "Facilities Grantee shall
also have the right of ingress and egress over, under, upon and across any land owned by
Grantor, within ten feet of the boundaries of the Easement Area the "Access Area for
purposes of access to the easement area to do all acts and things requisite and necessary for the
full enjoyment of the easement hereby granted. Grantee also shall have the right from time to
time to remove all undergrowth, or other obstructions above, within, under, or immediately
surrounding the Easement Area which may injure, endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein. During the water line construction, a fire hydrant and a 12"
valve will be installed at a location designated be the Grantor. The water line and related
Facilities will be installed in the southern most four feet of the ten foot Easement Area. At the
conclusion of the Project, the Grantee shall submit to the Grantor an "as built drawing of the fire
hydrant and valve location. Grantee is agreeable to pay Grantors reasonable legal fees for review
of this Easement Agreement.
Grantor, His 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 Grantee's use and
enjoyment of the easement herein granted.
Grantee shall be solely responsible for the maintenance and repair of the Facilities. 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 his
Easement Agreement, 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, 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 its successors and
assigns) upon their 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
N, 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 as herein stated 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 it is the fee simple owners of the Easement Area
and Access Area
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantor, to the terms and conditions set forth herein.
This instrument may be executed by Grantor and Grantee in separate counterparts, each
of which shall constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance as
Trustee, this, the 3 day of 20 O
This instrument was prepared by Douglas Haney,
City Attorney, City of Carmel, One Civic r
Square, Carmel, IN 46032. Thomas P. Murphy
STATE OF ,L Aid l'AN A
l )SS:
COUNTY OF H /Y) 11 o ij
Before me, a Notary Public in and for said County and State personally appeared
hoM}l g P AupiA known to me to be the individuals whose names are subscribed to
the foregoing instrument and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this 3 ccf day of Tu#vr 20 as
[Seal}
Z4gx
Notary Public
k &mt»
Printed Signature
Commission Expiration:
County of Residence:
L�,N
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
Ja s B rainard, Presiding Officer
Date: 6 a� 7- co, (o&yd 0/4t,) 4.---' ;6.(4-"-L
Mary Ann ke, Member
Date: (1 ---02 -0 0 (iL'(/ ri V
Member
Date:
yr- P
ATTE 1
i 1 i i JO/ SU/A
Diana L: Cordra!J, C., Clerk
i `4:A
0Akiki e 6' 4/ih194e,e ,OePkl/
STATE OF INDIANA
COUNTY OF NAN/ .MO SS:
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Member, by me known to b the Members of the City of Carmel
C gR/EA. (5A-I. LAto-ietz• uTY
Board of Public Works and Safety, and"Diana L. Cordray, C� erk- 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 m ha a nd Notarial Seal this day of v 2 Y .2
y t 5.-_ Jr
NOTARY PUBLIC
0'
My Commission Expires: Printed Name
�2 t /2 Sao 7 My County of Residence: y I
Date: 94 c do o a
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1 Exhibit A
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I A part of Deed Record Nunter 9020152 to Thomas P. Murphy.
i Trustee. recorded in the Office of the Recorder of Hamilton County. 1
Indiana which easement is more particularly described as follows:
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1 Easement Description I 1
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1 1 An utility easement 10.0 feet in uniform width lying porallel to I I
1 1 and contiguous to the North R/W line of 141st Street containing 1 1
1 .30 acres more or less. I 1
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1320' i 1
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1 1 East Half Of The Northeast 1 1
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O uarter Of Section 20 Twp.
I I v 18 N. R. 3 East Containing Nzr 1 1
1 I N 80 Acres In Hamilton County AI 1 1
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1 Ind ian0. 1 1
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1 1 1
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1 1 I
1 I I
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10 Eas I
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I 16.5' R/W 1 1
1 1 I
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