Keystone - York, Margaret APPROVED, AS TO
n��C. EASEMENT AGREEMENT FORM BY
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KNOW ALL MEN BY THESE PRESENTS that the undersigned, MARGARET ANN
YORK, TRUSTEE OF TRUST CREATED BY MARGARET ANN YORK, and as the fee
owner of certain real estate, (hereinafter collectively referred to as "Grantor for and in
consideration of the sum of Twenty Thousand and 00 /100 DOLLARS ($20000.00) 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
4 11.1 municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE an
Z S2 1
u- N exclusive and perpetual easement upon, over, under and across the real estate located in
,M``i� Hamilton County, Indiana, and described in Exhibit "A" attached hereto and hereby made a part
"`f_,® hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting,
cRa altering, replacing and removing utility lines and equipment. Instru®ent
p er g' p g g y �40300Q64 3 22
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w i Grantee shall have the right of ingress and egress over, under, upon and across any land,
w z driveways and roadways located on the surface of the lands owned by Grantors, their successors
cc O 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.
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 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 7 day of a/4,i, 20 d -3
77 d
Margare Ann York
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
20030006 4122
Filed for Record in
STATE OF 1/1/ 'r7 JrJ COUNTY,
JENNIFER JHAYDE INDIANA
N
07 -03 -2003 At 09:30 am.
)SS: EASEMENTS 18.00
COUNTY OF )11)4)/ //On)
Before me, a Notary Public in and for said County and State personally appeared
69/8,0# ANN y,QK 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 7 1/ day of A pry, 20 03
[Seal}
�i ...I: iiL
Notary Public
<-c4 L. (,(°Dli
Printed Signature
Commission Expiration:
5/q/0)0
County of Residence: 1 1 .4.: A
APR 14 2000 9:47AM HP LASERJET 3200 p.l
Exhibit A
A part of deed Record No 9559887 to Margaret Ann York, Trustee
of Trust Created by Margaret Ann York recorded in the Office of
the Recorder of Hamilton County, Indiana which easement more
particularly described as follows:
Easement Description
An utility easement 20 feet in uniform width lying contiguous to
and east of the east limited access right -of -way line Instrument
Number 200100073740 containing .47 acres more or less.
Limited Access Right —of —Way
6179N897/30.E 1110.33' N8974'557'
V 16.91' 5.184:581
a
219.31'
N34'48 35 "W
104 cz,
5,679.6' R G I o
20' Utility Easement I
G. ;-4
108.44' N4535'10"W N
100.04' N4276 55 "W
mo
11213' 5232030E
3000' N44 00'05 "W
o �j 114.72' 54.13.1"522" M
155.25' N5O3955 "W 4 k 22. 9
Scale 1"-200'
♦31 -3362
0Yo 16000
3/12/03
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
7
A rainard, Presiding Officer
Date: (47
7) 4fri,:.
Mary Ann rke, Member
=�1 Date: 0J
n,
l 1 i
`Lori Wats .4 ember
11 ate: J rki. a-1 c�'
i 9
C w.
c;,_ i �!�i si IPItiUSl,
n L` y i Delp ant for
D and`L. `Cbrdray,iIAMC Cle r reasurer
STATE OF INDIA A
SS:
COUNTY OF I I /LI
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me kn to b h em ers p� the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk Treas of the City of
Carmel, who acknowledged the execution of the foregoing "Non- Remonstration Agreement" on
A ti
behalf of the City of Carmel, Indiana.
6
Witness my hand and Notarial Seal this 21 day of lui' 200.3:
NOTARY PUBLIC t
My Commission Expires: Punted Name `F°
/1w My County of Residence: 7/1n/,L76i0
Date: 5/x2//00