141st - Stammper, Richard 200200060124
Filed 0 1S---/ Filed for Record in
lam/ Q 0 EASEMENT AGREEMENT MARY C AR RUNTY, INDIANA
MARY L CLAY.
08 -2, -2002 08:29 am.
p' L ►1, 4 EASEMENTS 18.00
KNOW ALL MEN BY THESE PRESENTS that the undersigned, GEORGE
RICHARD STAMPER and STAMPER, husband and wife, as Individuals, and as
the fee owners of certain real estate, (hereinafter collectively referred to as "Grantors for and
in consideration of the sum of One Thousand and no 00 /100 DOLLARS ($1000.00) 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 and hereby made a part
hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting,
altering, replacing and removing water lines and equipment. Availability fees for one acre and
connection fee for the existing house shall be waived should grantor wish to connect the existing
house to the new water main at a future date. A 1" inch service tap shall be placed on the
property at no cost to Grantor, and at a location to be specified by Grantor.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantors, their successors
and assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, additional space, where available and necessary, that is adjacent to the easement
area for equipment and materials necessary for the installation, repair and maintenance of
Grantees facilities located in, under, upon, over, and/or across the easement area, to do all acts
and things requisite and necessary for the full enjoyment of the easement hereby granted, and for
nearby property owners, their grantees, successors, agents, or employees, to connect the premises
of such nearby property owners by service pipes to the lines and/or equipment installed by
Grantee within the easement area, provided such nearby property owners, their grantees,
successors, agents, or employees restore the portion of the Grantors' property disturbed by their
work to a condition that is as near the condition that existed just prior to the time the portion was
disturbed by them as is practicable. Grantee also shall have the right from time to time to
remove all trees, undergrowth, structures and /or other obstructions above, within, under, or
immediately surrounding the easement area which may injure, endanger or interfere with
Grantees use and enjoyment of this easement, all of which work shall be done at Grantees sole
cost and expense, except as otherwise set forth herein.
Grantors, their 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 Grantees use and
enjoyment of the easement herein granted. The immediately preceding sentence prohibits
(among the other prohibitions effected by it) the erecting or maintaining in the easement area of
any earthen mound or series or system of earthen mounds.
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. In no event shall Grantee have a duty to restore
f,
an area of the easement area or nearby property that was disturbed by nearby property owners,
their grantees, successors, agents employees or by other parties, in connecting the premises of
the nearby property owners by service pipes to the lines and/or equipment installed in the
easement area or otherwise, and Grantee shall not be liable for any damages caused to Grantors
property as a result of such work. 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 7o,ve 20
George hard Stamper
o is Stamper
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF --4114i44iA
#19/h^;//0/ )SS:
COUNTY OF
Before me, a Notary Public in and for said County and State personally appeared
Geot e R.: doe II A StAMp,P 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 Mi day of \T e 20 oa
[Seal}
AfiA H 244 /1/
Notary Public
Zis L. 1"
Printed Signature
Commission Expiration:
05/V)067
County of Residence:
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CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
4/�u7•u:a -LC/
m es Brainard, Presiding Officer
Date: 7 t i rre_d ka-)
11 L., T I-_ _VI 1'.
Mary Bur e, ember (cLippwcd Date: b 7740., D
Member
Date:
ATTEST:.
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k —P a na L. Cordr ,..1 C Cler 4 reasurer
..f' '�f1 r 3 CA/QA i e 64 il h 2,
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n o i a� P
Y
STATE OF INDIANA
SS:
COUNTY OF LI DNI
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 be the Members of the City of Carmel
(.A MI E A. l(A ti_A a-1 69 1 f' an, IFp6Z,
Board of Public Works and Safety, and 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 day of U r ;20 '02':'
C V r f
NOTARY PUBLIC
1 v1
My Commission Expires: Printed Name
g ar...a /7 a 7 My County of Residence:
Date: --37i a0a
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Exhibit A
A part of Deed Record Istumber 8908950 To George Richard Stamper
Joella Stomper, husband and wife Trustee, recorded in the Office
of the Recorder of Hamilton County, Indiana which easement is more
particularly described as follows:
Easement Description
An utility easement 15 feet In uniform width Tying parallel to
and contiguous to the North R/W line of 141st Street containing
.04 acres more or Tess.
125' 90'22'0 "W
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115' Easement
16.5' R/W
125' 90'22'0 "W
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