Williams Creek - Leavell, Joseph/Alice Instr
ument
0t730s?099U 18
EASEMENT AGREEMEN t
f r\__ J C T�PPROV AS TO PO
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Joseph D., and Alice
Leavell husband and wife, as Individuals and as the fee owner of certain real estate, (hereinafter
collectively referred to as "Grantor for and in consideration of the sum of Ten and 00 /100
DOLLARS ($10.00) 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
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and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining,
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operating, inspecting, altering, replacing and removing utility lines and equipment. cz
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Grantee shall have the right of ingress and egress over, under, upon and across any land, -5 2.>-c:10
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driveways and roadways located on the surface of the lands owned by Grantors, their successors =a
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and assigns, upon and within the boundaries of the easement area, for purposes of access to the m ozct81:
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easement area. v-1 z
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Grantors, their successors or assigns, shall not erect or maintain any permanent c c� a W
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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 Grantors 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 Grantors (or their 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 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, 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 certify that they are the fee simple owners of the easement
area and real estate surrounding the easement area; that Grantors guarantee 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, Grantors will
warrant and defend Grantees title to the easement granted hereby against all claims thereon.
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantors, jointly and individually, to the terms and conditions
set forth herein.
This instrument may be executed by Grantors in separate counterparts, each of which
shall constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually and as husband and wife this, the day of #19,r ,20 0
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Joseph D. Leavell
Alice Leavell
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF TndI ana
)SS:
COUNTY OF Hamilton
Before me, a Notary Public in and for said County and State personally appeared
Joseph D. Leavell
Alice Leavell 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.
Giverundermy hand and seal of office, this 21st day of March 2003
r
el .4 0 Notary Public
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=;7, r ��5> Cheryl M. Fleming
Printed Signature
Commission Expiration:
1 1-1 5:
County of Residence:
Hamilton
EXHIBIT "A"
Page 1 of 2
LEGAL DESCRIPTION
WATER MAIN EASEMENT
A PART OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4)
OF SECTION TWENTY -TWO (22), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE
(3) EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING at the Southeast Corner of the Southwest Quarter of the Southeast Quarter of
Section 22;
Thence South 89 degrees 20 minutes 03 seconds West (assumed bearing from Instrument No.
2000 00032952 of the records on file in the Office of the Hamilton County Recorder),
along the South Line of said quarter quarter, a distance of 278.15 feet to the Southeast
Corner of a parcel conveyed to Williams Creek Development Company, Inc. as described
in said Instrument No. 2000 00032952;
Thence North 00 degrees 04 minutes 34 seconds East, parallel with the East Line of said quarter
quarter and along the East Line of said parcel, a distance of 45.00 feet;
Thence North 89 degrees 20 minutes 03 seconds East, parallel to the aforesaid South Line of said
quarter quarter, a distance of 278.15 feet to the aforesaid East Line of said quarter
quarter;
Thence South 00 degrees 04 minutes 34 seconds West, along said East Line, a distance of 45.00
feet to the PLACE OF BEGINNING.
CONTAINING 0.287 ACRES, MORE OR LESS, being subject to any other easements, rights
of -way or restrictions of record or observable.
I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that
the above description was prepared by me on August 11, 2003 from the original deed records of
the property described. No field work was performed; therefore, the property is subject to any
overlaps, gaps or other inconsistencies that a field survey might reveal.
TRENT E. NEWPORT
6\ST E-; t 0 INDIANA LAND SURVEYOR
sc NO. LS 29600021
N LS 29500021
STATE OF
4 0 SUFt l
R EXHIBIT "A"
Page 2of2
WATER MAIN EASEMENT
OWNER JOSEPH D. ALICE LEAVELL HATCHED AREA IS THE DRAWN BY JAN 08 -11 -2003
D.R. #284, PG. 357 -5sj APPROXIMATE TAKING
CHECKED BY TEN 08 -11 -2003
SEPTEMBER 29, 1975 This plat was prepared from deed information
SECTION: 22 obtained from the Recorder's office and was not SCALE 1" 50'
necessarily checked by a field survey
TOWNSHIP: 18 NORTH
RANGE: 3 EAST WILLIAMS CREEK DEVELOPMENT CO., INC.
COUNTY HAMILTON INST. #2000- 00032952
i v N 89'20'07 "E 278.15'
(.3 NORTH
d EAST LINE
CN
7 SW 1/4, SE 1/4
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Cl- o o JOSEPH D. ALIGE LEAVELL T 18 N, R 3 E
o D.R. #284, PG. 357 tn
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45' WIDE PROPOSED
WATER MAIN EASEMENT
CONTAINING 0.287 Ac.±
10' WIDE UTILITY EASEMENT
IN FAVOR OF INDIANA BELL
TELEPHONE COMPANY
INST. 91 -12783
N 89 °20'03 "E 278.15' SE CORNER
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T 18 N, R 3 E
No. LS
29600021
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S URJC-
STATE OF INDIANA
SS:
COUNTY OF
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
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 this V day of ir.--ra- 2003.
NOTARY PUBLIC
e. Am) 04.144'•.-,' c.
My Commission Expires: Printed Name
t
g //51/4ef' My County of Residence: ,1 71/.G'✓d.1); °E
Date: 97343 j
a
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
J es Brainarrd, Presiding Officer
r
Date: 2 -5 (9141/e-
M ry Ann urke, Member
Date:
7-3-63
y
Lori Wati ember
t: ,it''' 1 6 i
3. 03
Date:
A S rq ic,1 e. s
r f f ^'"9f 3129
�i'' SenilBS g1i o
i Cordray y I lerk- Treasurer
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RETURN ORIGINAL TO:
ONE CIVIC SQUARE C e/
CARMEL IN 46032