Shelborne - Thomas, Dawn Oft EASEMENT AGREEMENT APPROVED, AS. TO
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KNOW ALL MEN BY THESE PRESENTS that the undersigned, WN E.
THOMAS, and as the fee owner of certain real estate, (hereinafter collectively referred to as
"Grantor for and in consideration of the sum of Twenty Four Hundred and 00 /100 DOLLARS
($2400.00) 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
z the real estate located in Hamilton County, Indiana, and described in Exhibit "A" attached hereto
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tia and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining,
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z cu cu operating, inspecting, altering, replacing and removing utility lines and equip ment.
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uuza -P Grantee shall have the right of ingress and egress over, under, upon and across any land,
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5- 1—) driveways and roadways located on the surface of the lands owned by Grantors, their successors
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8i `1z and assigns, u on and within the boundaries of the easement area, for purposes of access to the
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o.EZ cn easement area. Said easement also includes the rights and privileges to temporarily use, from
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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.
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 she is 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
she has 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 I q f A day of 44 f7 20 03
Dawn E. Thomas
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF
)SS:
1
COUNTY OF %4M /0/ti
Before me, a Notary Public in and for said County and State personally appeared
/9j91dN 07041/ 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 19/A day of /0,1 20 D 3
[Seal}
7
Notary Public
L s/ /PrI/4
Printed Signature
Commission Expiration: C�3 i
5/
ti
County of Residence: v N.
ftf9M 1 /tot/
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
li 1
Mar Ann rke, Member
Date: lS 0
A if i
Lo t ember
Date: _3 •/O,3
''.f, r' i
AT 3FSfi a '14
"ti` :r,`1 r• ,c V 1/ w e n Re, Dlt tQil•5Nf[S,
i iana if Co -drag "'k Clerk- Treasurer
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STATE OF INDIANA
SS:
COUNTY OF ic\O v G iAt
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me ki919tlyn to be the Members o the City of
N M Jb t-tN sow P (Yry i oe
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 day of Pi 2003.'.
e.
NOTARY PUB
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My Commission Expires: Printed Name
17/bee 7 My County of Residence: hiffrn /4 7,es N
Date: 0'42/6,3
EXHIBIT »A» SHEET 2 OF 3
es EASEMENT PARCEL PLAT
Prepared for the City of Carmel, Indiono
by Beam, Longest Neff L.L.C. (Job #3847)
III
App. Exist. R/W id bi
200 0 200 400
ow ow is
SCALE i 200' I V
W. 131st STREET
411
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WATER LINE EASEMENT -41111
660.00'
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WATER LINE EASEMENT a,
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c.. 1 J 660.00' 1 m
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60 WATER LINE EASEMENT 30 App• Exisl R/w
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31 3 1
PM WATER LINE
EASEMENT
HATCHED AREA IS THE APPROXIMATE EASEMENT AREA IJ
OWNER: THOMAS, DAWN E.
PARCEL: 3 DRAWN BY: R.J. McCOOL 2 -5 -03
PROJECT: SHELBORNE ROAD WATER MAIN EXTENTION CHECKED BY: D.K. ANDERSON 2 -11 -03
ROAD. SHELBORNE ROAD INSTRUMENT /9709713026, DATED 3 -5 -97
COUNTY. HAMILTON
SECTION: 30
TOWNSHIP.: 18 N.
RANGE: 3 E.
Dimensions shown are from the obove listed Record Documents.
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EXHIBIT "A"
Project: City of Carmel, Shelborne Road Water Main Extension Sheet 1 of 3
Parcel No. 3 WATER LINE EASEMENT
A part of the South Half of the Southeast Quarter of Section 30, Township 18 North, Range 3
East, Hamilton County, Indiana, and being that part of the grantor's land lying within the easement lines
depicted on the attached Easement Parcel Plat, described as follows: Commencing at the southeast
corner of said section, said southeast corner being designated as point "2" on said plat; thence North 0
degrees 00 minutes 30 seconds West (assumed bearing) 330.00 feet along the east line of said section to
the southeast corner of the grantor's land; thence South 89 degrees 51 minutes 20 seconds West 30.00
feet along the south line of the grantor's land to the point of beginning of this.description: thence South
89 degrees 51 minutes 20 seconds West 15.00 feet along said south line; thence North 0 degrees 00
minutes 30 seconds West 330.00 feet to the north line of the grantor's land; thence North 89 degrees 51
minutes 20 seconds East 15.00 feet along said north line; thence South 0 degrees 00 minutes 30 seconds
East 330.00 feet to the point of beginning and containing 0.114 acres, more or less.
•1
Subject to any easements, restrictions, covenants and rights of way of record.
This description has been prepared by Beam, Longest and Neff, L.L.C., at the request of and for
the exclusive use of the City of Carmel as part of the Shelborne Road Water Main Extension Project,
BLN #3847.
Q/U)- J0166/VP Z/i2 AIVOtes1//'
ST F iS'
Denise K. Anderson Date <v� 4 f
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Registered Land Surveyor No.
Indiana No. LS29500022
B29500022
STATE OF