Oswego - Paul Shea Builders t e t i
�5+ Instrument File d for Record r9
969633229 Fileo
HAMIO8LTON COUNTY,
�M RY L CLARK.
96
MUNICIPAL UTILITY EASEMENT AGREEMF hT- 08-19 At 17 Ptu
EASE 16.Oo
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Paul Shea Builders,
Inc., an Indiana Corporation, as the fee simple owner of certain real property, and hereinafter
referred to as "Grantor for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and confessed, do hereby GRANT, BARGAIN, SELL AND CONVEY
UNTO, THE CITY OF CARMEL, INDIANA, an Indiana municipality, its successors and assigns
(hereinafter "Grantee an easement upon, under and across the real estate located in Hamilton
County, Indiana, described in Exhibit A attached hereto and incorporated herein by reference
(said real estate hereinafter being the "Easement Area" as shown on Exhibit B, attached hereto
and incorporated herein by reference) for the purpose of laying, installing, constructing,
maintaining, operating, inspecting, altering, replacing and removing subsurface materials such as
pipelines which are to be used to facilitate and operate municipally owned and/or operated and/or
controlled utilities "Municipal Utilities such as sanitary sewers and water mains (the "Easement
Use to serve the public.
Grantee shall have the right to ingress and egress over, upon and across any driveways and
roadways located on the surface of the lands owned by Grantor upon and within the boundaries of
which the easement area is located, for purposes of access to the easement area. Grantee also
shall have the right from time to time to cut and remove all trees, undergrowth and other
obstructions within, or within a close proximity of, 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, unless and except such work resulted from Grantor's failure to
comply with the terms hereof.
Grantor shall not, without the prior written consent of Grantee, erect or maintain any
permanent structures or improvements upon the surface of the easement area or perform any act
which would impair or interfere with Grantee's use and enjoyment of the easement herein granted.
Any damage to Grantor's improvements to the property (erected without the proper consents)
resulting from the necessary use and enjoyment of Grantee's rights hereunder shall be borne by
Grantor.
If the surface of the easement area is disturbed by Grantee at any time and from time to
time by the installation, repair, maintenance, removal, replacement or other work in connection
1 9609633229
Filed for Record in 1
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 08 -08 -1996 At 02:27 pm.
EASE 16.00
with said subsurface pipes and lines, Grantee, at its sole cost and expense, shall repair and restore
the surface of the easement area to substantially the same condition which existed immediately
prior to any such disturbance, including, without limitation, any and all necessary repairs and
replacement of pavement which may be removed and excavated by Grantee in the course of doing
any such work. Any work done by Grantee upon or within the easement area at any time and
from time to time shall be done at such time and in such a manner as will cause a minimum of
interference with Grantor's quiet enjoyment of the real property, but nothing herein contained
shall prevent or prohibit Grantee from performing any of its work during normal and customary
daylight business hours.
Any easement granted to another utility service to which Grantee and the City of Carmel
have given written permission to intersect or transect the easement area shall be subject to the
rights or Grantee herein, and shall not be incompatible with, or interfere with, the continuing use
of the easement granted hereunder.
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 for the express purposes and upon the
terms and conditions specified, with ingress to and egress from the Easement Area, for the
purposes of furthering the purposes incident to Municipal Utilities.
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.
This instrument may be executed by Grantor in separate counterparts, each of which shall
constitute a duplicate original.
2
ii IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the
'v/ day of 1996.
Grantor:
Paul Shea Builders, Inc.
an Indiana Corporation
B Q<
Paul Shea, President
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State personally appeared Paul
Shea, known to me to be the President whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of Paul Shea Builders, Inc., an Indiana
corporation, and that he executed the same as the act of said corporation for the purposes and
consideration therein expressed, and in the capacity therein stated.
Given nder my hand and seal of office, this bilt1 day of 1996.
Ok i-ddid
otary Public,17 I I
My Commission Expires: 4iimo
Hamilton County 1=r 38' d ).3q
Accept d and approved by the City of C. el, by and through its Board of Public Works and
Safety
B 4
yor James Brainard
By d G�ei
W iam alker
411111,/
By: 111
tri atson
ATTEST:
(*AU (f
ana Cordray, Clerk -T asure
CAATRNYTX \ATORNYFLLES\FORMSWASEM.ENT This document prepared by the City of Carmel Department
of Law.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said CUiunty and State personally appeared the
members of the Board of Public Works and Safety of,the City of Carmel, Indiana,
Mayor James Brainard, Lori Watson and Billy Walker, whose names ar- subscribed tL'
the foregoing instrument and acknowledged the execution of this i trument this
5th day of June, 1996. 0/,
.ill M. Vandegriff, Iota y Public
My COmmission Expires: 0 1/ /;tv M Vai er
38001 Hamilton County
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Property Address: 1015 Oswego Road
I, the undersigned, a Registered Land Surveyor in the State of Indiana, do hereby certify
to John J. Betty J. Morris/Ron Cole that on the basis of my knowledge, information and
belief, the within plat represents a survey, prepared under my supervision, to the normal 1
standard of care of Registered Land Surveyors practicing in Indiana. The corners were marked
as shown.
I
Lots 121 122 and the South half of vacated Nappanee Drive lying North of and adjacent to
said Lots in NEWARK, the plat of which is recorded in Plat Book 119, page 7 in the
Office of the Recorder of Hamilton County, Indiana.
I hereby certify that the buildings are situated entirely within the boundaries of the above
described real estate and that the buildings on the adjoining properties do not encroach
upon said real estate.
The map of the Hamilton County Drainage Board and a visual inspection do not
i indicate that the real estate is within the statutory easements of a legal drain.
I
This is to certify that the subject property is not located in a Special Flood
Iiazard Area as established by the Department of housing Urban Development- Federal
Insurance Administration.
Certified: August 19, 1985 (t ks�y
I N O. it s
,t,...A i i 7 37 /1 e 4)
i tgiac.47,07, 7. Frank M. Hahn, Registere L an d Surveyor, Indiana #S0231 STATE OF i f I
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A Hahn v'ee ,s »ee/ 7 fC T I fV
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jJ I i eerSurvc3 of s 4dc/d j i/1/ 98 E. 1nd Ste Indianapolis, IN 46280 es7i /2
..z rrraysme Phone: 846.4119 1P a) '/feel 1 of 7 310 1970