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EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned,
a(n) Corporation, as the fee owner of certain real estate, and hereinafter
referred to as "Grantor", for and in the 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 call "GRANTEE an
exclusive and perpetual easement feet (cD0 in width over, upon, over, under
and across the real estate located in Hamilton County, Indiana, described in Exhibit "A" attached
hereto and hereby made a part hereof (said real estate hereinafter being referred to as the
"easement area" as shown on Exhibit `B" attached hereto and made a part hereof) for the purpose
of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing utility lines and equipment. If the utility lines and/or equipment are installed in good
faith in a location other than the location that is described and depicted in Exhibit B, then, and in
that event, the easement area u'ria:r f denned in. this rxstrument shall be conclusively deemed to
include the strip of land that is centered on the line or equipment as installed. In such an event as
the event that is described in the immediately preceding sentence, 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 to ingress and egress over, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantor, its successors and
assigns, upon and within the boundaries of which the easement area is located, for purposes of
access to the easement,area. Said easement also includes the rights and privileges to use,
temporarily, additional space where available and necessary from time to time adjacent to the
easement area for equipment and materials necessary for installation, repair and maintenance of
Grantee's facilities located in, under, upon, over, and 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 Grantor's property disturbed by their
work to a condition that is as near the condition that existed at the time the portion was disturbed
by them as is practicable. Grantee also shall have the right from time to time to cut and remove
all trees, undergrowth and other obstructions above, within, under, or immediately surrounding
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 except as
otherwise set forth herein.
Grantor, its 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 Grantee's use and enjoyment of the
easement herein granted. The immediately preceding sentence prohibits (among the other
prohibitions effected by it) the erecting or maintaining on 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 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 Grantor 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 Grantee's 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 disturbed by nearby property owners, their grantees,
successors, agents, or employees, in connecting the premises of the nearby property owners by
service pipes to the lines and /or equipment installed in the easement area, 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 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 Grantor (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,
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 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 appears of public record; and that,
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subject to the foregoing, Grantors will warrant and defend Grantee's title to the easement granted
hereby against all lawful claims.
The person executing this instrument on behalf of Grantor hereby represents that he /she
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
day of D r 191(0
a(n) corporation
By:
Title: 43 rv2_.2
This Instrument prepared by Debra M. Grisham, Attorney at Law, One Civic Square, Carmel,
Indiana, 46032
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State personally appeared
A Ibtd C.J J1 p_,r known to me to be the Pre6dehf whose name is subscribed to
the foregoing instrument and acknowledged to me that the same was the act of
a(n) ih vi q 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 under my hand and seal of office, this 3 day of f3ec ein e y, 19 94.
y, dal}
q F Notary Public
ASE r. PO7
Printed Signature
Expiration: ROSE L C POTASNIK
Commission Ex OF
P NOTARY PUBLIC STATE OF INDIANA
Q HAMILTON COUNTY
1 l6 r c. l 30 J q 9 U MY COMMISSION EXP. MAIL. 30,1998
County of Residence:
f4a11 1 htP n
Instrument
9709751430
9709751430
E X H I B I T A Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
PROPERTY DESCRIPTION On 12-01 1997 At 00 pm.
EASEMENTS 16..00
Part of the southeast quarter of southwest quarter of section 36,
township 18 north, range 3 east, Hamilton County, Indiana, and
being more particularly described as follows:
Beginning at a PK nail (set) on the south line of said southwest
quarter section being north 89 degrees 39 minutes 19 seconds west
(assumed bearing) 277.48 feet from the southeast corner of said
quarter section; Thence north 1 degree 12 minute 38 seconds east
472.94 feet to a point of beginning; Thence west 390.53 feet;
Thence north 0 degree 44 minutes east 775.20 feet; Thence south
89 degrees 39 minutes 19 second east 515.00 feet; thence south 3
degrees 0 minute 54 seconds east 560.84 feet to a pin on non
tangent curve, the radius point of which bears south 42 minutes
40 seconds east 165.00 feet from the said pin; Thence
southwesterly along said curve 253.65 feet to a pin at the point
of tangency of the said curve being north 88 degrees 47 minutes
22 seconds west 165.00 feet from said radius point; Thence south
1 degree 12 minutes 38 seconds west 50.48 feet to the point of
beginning and containing 8.91 acres, more or less.
E X H I B I T B'
EASEMENT DESCRIPTION
Part of the Southeast Quarter of Southwest Quarter of Section 36,
Township 18 North, Range 3 East in Hamilton County, Indiana,
being described as follows:
Commencing at the Southeast Corner of said Southwest Quarter;
thence on an assumed bearing of North 30 degrees 49 minutes West
to a distance of 552.52 feet to a point of beginning inside the
property of the tract of land described in a deed to Telamon
Corporation (Instrument Number 9440796 in the Office of the
Recorder of Hamilton County, Indiana); thence North 598.06;
thence North 45 degrees East 176.39 feet; thence East 27.92 feet;
thence North 3 degrees 0 minute 54 seconds West 20.03 feet;
thence West 35.15 feet; thence South 45 degrees West 192.96 feet;
Thence South 606.34 feet; thence East 20.00 feet to the point of
beginning and containing 0.3758 acre, more or less.