Unknown - Tyner Family Partnership (2) 0
WATER EASEMENT AGREEMENT Instrument
200300064131
APPROVED AS TO FORIA
KNOW ALL MEN BY THESE PRESENTS that the undersigned, TYNER FAMILY
PARTNERSHIP, L.P as Individuals, and as the fee owner of certain real estate, (hereinafter
collectively referred to as "Grantors for and in consideration of the sum of Ten and 00 /100
O 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
Mu) Carmel, Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter
referred to as "GRANTEE an exclusive and perpetual water line easement upon, over, under
m5
O 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,
LLI 1—
Z maintaining, operating, inspecting, altering, replacing and removing water utility lines and
=CV equipment. If the water utility lines and /or equipment are installed in good faith in a location
other than the location that is described and depicted in Exhibit A, then, and in that event, the
easement area that is defined in this instrument shall be conclusively deemed to include the strip
of land that is centered on the line or equipment as installed, and in such an event, the Grantors,
jointly and severally, and the Grantee, shall join in the execution and acceptance of an
appropriate substitute easement instrument if either the Grantors or the Grantee shall deliver to
the other a written request for such a substitute easement instrument.
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 use 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, however it does not prohibit future
roads, sidewalks, curbs, or driveways to be constructed in the easement area.
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 water utility lines or equipment, Grantee, at its sole cost and expense, shall
J
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 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 its' successors and assigns) upon its' 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 Grantor represent and certify that it is the fee simple owners of the easement area and
real estate surrounding the easement area; that Grantor guarantees the quiet possession of the
easement area to the Grantee; that the easement area is free of any liens or encumbrances, except
the contract sale to Mr. Ray Roehling, and 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, Grantor will warrant and defend Grantees title to the easement granted hereby
against all claims thereon.
The person executing this instrument on behalf of Grantor hereby represents that he has
the authority to bind Grantor, to the terms and conditions set forth herein.
This instrument may be executed by Grantor in separate counterparts, each of which shall
constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the
of o day of ifiz,u,,,7 200
Tyner Family Partnership .P.
Wilbur E. Tyner
200300064131
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
07 -03 -2003 At 09:30 am.
EASEMENTS 220.00
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
STATE OF vIit'
)SS:
COUNTY OF /eA)
Before me, a Notary Public in and for said County and State personally appeared the
Tyner Family Partnership, L.P., by Wilbur E. Tyner, a general partner, who acknowledged
execution of the foregoing water line easement and, who having been duly sworn, states that any
representations therein contained are true.
Given under my hand and seal of office, this a v day of 14 sl 200 zr
[Seal}
Notary Public
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Printed Signature
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c).. a CONSULTING ENGINEERS JOB ID
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9spc 9940 Allisonville Rd. Fishers, IN 46038 CONTROL r 40605S1
(317) 849 -5935 1- 800 728 -6917 FAX: (317) 849 -5942
DIR: 40605 X -FILE: 40605S1 SUB -FILE: ESMT2- EXHIBIT
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SCALE: 1 100'
edi
D= 40'46'5
R= 377.56
L= 268.7u
T =140. 1
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0= 40'46'57"
R= 367.50' A part of the Southeast Quarter of Section 20,
L= 261.58' Township 18 North, Range 3 East, Hamilton County,
T= 136.61' Indiana, more particularly described as follows:
m Commencing at the Southwest corner of said Quarter
-0 o Section; thence North 00 degrees 09 minutes 06
w c seconds East (assumed bearing) along the West line of
`D v) I,e. said Quarter Section 168.26 feet to the POINT OF
M o w 114.24' a BEGINNING; thence continuing North 00 degrees 09
Nos'o`` minutes 06 seconds East along said line, a distance
of 10.00 feet; thence South 89 degrees 50 minutes
54 seconds East 306.09 feet; thence North 06
degrees 09 minutes 24 seconds East 115.29 feet;
thence South 83 degrees 50 minutes 36 seconds East
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4 10.00 feet; thence South 06 degrees 09 minutes 24
U seconds West 114.24 feet; thence South 89 degrees
Ni 50 minutes 54 seconds East 315.06 feet; thence
N w° North 06 degrees 09 minutes 24 seconds East 115.29
o zw feet; thence South 83 degrees 50 minutes 36 seconds
n 0 East 10.00 feet; thence South 06 degrees 09 minutes
24 seconds West 114.24 feet; thence South 89 degrees
w 50 minutes 54 seconds East 12.09 feet to the point
n of curvature of a curve concave southerly, the radius
in point of said curve being South 00 degrees 09
N minutes 06 seconds West 377.50 feet from said point;
thence easterly along said curve 268.70 feet to the
point of tangency of said curve, said point being North
L 40 degrees 56 minutes 03 seconds East 377.50 feet
from the radius point of said curve; thence South 49
degrees 03 minutes 58 seconds East 118.29 feet to a
w .n point on the South line of said Quarter Section;
n thence South 89 degrees 36 minutes 39 seconds West
along said South line, 15.14 feet; thence North 49
o "w
o• 1 4.24'
Nosos'24E `3 degrees 03 minutes 58 seconds West 106.92 feet to
11 5.29' the point of curvature of a curve concave southerly,
the radius point of said curve being South 40 degrees
T
56 minutes 02 seconds West 367.50 feet from said
11 z point; thence westerly along said curve 261.58 feet to
the point of tangency of said curve, said point being
North 00 degrees 09 minutes 05 seconds East 367.50
feet from the radius point of said curve; thence North
m 89 degrees 50 minutes 54 seconds West 653.35 feet
to the place of beginning. Containing 0.289 acres,
more or less, subject to all legal highways,
rights —of —ways, easements, and restrictions of record.
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W LINE SE 1/4 r'.O.D.
SEC. 20- T18N -R3E-\
N00'09'06' 168.26'
N00 0. '06"E (ASSUMED BEARING) EXHIBIT "A"
SW COR SE 1/4
SEC. 20- T18N -R3E
I
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
lir 6
es Brainard, Presiding Officer
Date: 7 (7
At----tk
J ..........i
Ma y urke, Member
Date: P --0.
Lori Wats Me
Y D ate:,- 03
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ATTEST: I, •A.
n
I
L.' Cordra Clerk- Treasurer I Clerk 7err
J
1 /11-10\14 liF
:r
STATE OF INDIANA
SS:
COUNTY OFg A tau
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 e f f th City of
Carmel Board of Public Works and Safety, and D iana 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 q�l 200
��\1i111111! uo,.. .W.e_. Of 'Olt/
cs {n
O un1iC 1 RY PUBLIC 110 v atics '0-
d) NOT Y fit 3, 200 e p T
My Commission Expires:
ti Aug" ,T
�••�E I f iteiName
�riuun� of Residence:
Date: Ol 03
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