Rohrer Road at Monon Trail-Duke Energy2012038545 EASEMENTS $26.00
07/11/2012 08:41:59A 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
11111 1111111111111111111 111111111111111111111111 I III
Prior deed reference:
9909941672
GRANT OF UNDERGROUND EASEMENT AGREEMENT
In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, THE CITY OF CARMEL (hereinafter referred to as "Grantor "), hereby grant(s) unto DUKE ENERGY INDIANA,
INC., an Indiana corporation, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its successors and assigns
(hereinafter referred to as "Grantee "), a perpetual, non - exclusive easement to construct, reconstruct, operate, patrol, maintain, repair,
replace, relocate, add to, modify and remove, electric line or lines including but not limited to, all necessary and convenient conduits,
wires, cables, manholes, pullboxes, grounding systems, counterpoises and all other appurtenances, fixtures and equipment (hereinafter
referred to as the "Facilities "), for the underground transmission and distribution of electrical energy in, along, under, through and
across a portion of the following described real estate:
Situate in Section 24, Township 18 North, Range 3East, Clay Township, Hamilton County, State of Indiana; being a
part of a tract as recorded in Instrument Number 9909941672 both in the Office of the Recorder of Hamilton
County, Indiana (hereinafter referred to as "Grantor's Property "), such portion being more particularly described as
follows:
Said easement being a twenty (20) foot wide area indicated, relative to landmarks and property lines, shown on a
drawing marked Exhibit "A ", attached hereto and becoming a part hereof (hereinafter referred to as "the Easement
Area ").
This easement grant shall include, but not be limited to, the following respective rights and duties of Grantor and Grantee:
1. Grantor has constructed a linear park and recreational trail (the "Trail ") which includes the Easement Area. Grantee
understands and recognizes that the Trail is open to the public and that Grantee must coordinate its use of the Easement Area with the
Grantor as provided herein and provide for the safety of Trail users during such time as Grantee is exercising its rights hereunder.
2. The Facilities shall consist of underground lines. Grantee shall have no right to construct any improvements, above
ground structures or supporting structures (such as a tower or pole) on the surface of the Easement Area.
3. Grantee shall have the right of ingress and egress over the Easement Area, and over the adjoining land of Grantor's
Property (using lanes, driveways, and adjoining public roads where practical as determined by Grantee) when exercising Grantee's
rights hereunder.
4. Grantee shall not clear or trim any trees, roots, brush, vines, overhanging limbs or other vegetation or obstruction from on,
in or above the surface of the Easement Area without the prior written consent of the Grantor, which consent shall not unreasonably
withheld. It shall not be unreasonable for Grantor to withhold its consent to any such clearing until Grantee presents a valid public
safety, or facilities reliability concern in support for such clearing or trimming. After consultation with Grantor and Grantor's written
consent, Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs, overhanging branches,
and or other vegetation upon or over the Easement Area. All trimming of vegetation by Grantee shall be completed using generally
accepted arboricultural practices.
5. To the best of Grantor's knowledge, the Easement Area and the adjoining land of Grantor's Property, have never been
used to release, discharge, generate or store any toxic, hazardous, corrosive, radioactive or otherwise harmful substance or material,
although it may have in the past been traversed by a railroad and /or an interurban line.
6. Grantor shall not place, or permit the placement of any obstructions, within the Easement Area which may unreasonably
interfere with the exercise of the rights granted herein to Grantee. Upon notice to Grantor as provided in Paragraph 11, Grantee shall
have the right to remove any such obstruction.
7. Excluding the removal of vegetation and obstructions as provided herein, any physical damage to the surface area of the
Easement Area and the adjoining land of Grantor's Property resulting from the exercise of the rights granted herein to Grante, shall be
promptly paid by Grantee, or repaired or restored by Grantee to a condition which is reasonably close to the condition it was in prior to
the damage, all to the extent such damage is caused by Grantee or its contractors, employees or agents. In the event that Grantee does
not, in the opinion of Grantor, satisfactorily repair any such damage, Grantor must, within one hundred eighty (180) days after such
damage occurs, file a claim for such damage with Grantee at (a) 1000 E. Main St., Plainfield, IN 46168, Attn: Right of Way Services,
or (b) by contacting an authorized Right of Way Services representative of Grantee.
8. Grantor shall have the right to use the Easement Area and the adjoining land of Grantor's Property to construct
improvements in and on the Easement Area and change, by grading or otherwise, the surface of the Easement Area in connection with
the development, repair or modification of the Trail and shall comply with all applicable codes when making use of the land near the
Facilities. Any activities of Grantor pursuant to this paragraph shall be coordinated with Grantee's use of the Easement Area and in a
manner as such that they will not materially interfere with or obstruct, and will not damage the Facilities.
9. Notwithstanding anything to the contrary contained herein, Grantor shall not, without the prior written consent of Grantee,
which consent shall not be unreasonably withheld or delayed (a) construct or install, or permit the construction or installation of any
building or house, upon the Easement Area; or (b) excavate or place, or permit the excavation or placement of any dirt or other
material upon or below the Easement Area; or (c) cause, by excavation or placement of material, either on or off the Easement Area, a
pond , lake, or similar containment vehicle that mould result in the retention of water in any manner within the Easement Area.
10. The respective rights and duties herein of Grantor and Grantee shall inure to the benefit of, and shall be binding upon the
respective successors, assigns, heirs, personal representatives, lessees, licensees, and /or tenants of Grantor and Grantee. Easement,
Grantor and Grantee, as used herein, shall be deemed to be plural when required to be so.
11. The Easement consented to by Grantor herein shall not be modified without the prior written consent of Grantor, which
consent shall not be unreasonably withheld. It shall not be unreasonable for Grantor to withhold its consent if, for example, the
modification materially impairs the use, development or operation of the Trail, or violates any other agreement or covenant applicable
to the Trail.
12. For the initial installation of the underground electric line and provided the subsurface conditions are reasonably
acceptable, Grantee shall bore under the paved portion of the Trail and shall not disturb any such pavement, any draining patterns,
and /or any utilities or other lines laid, constructed or placed by or on behalf of the Grantor in connection with the Trail. However, and
subject to the requirement of this Easement, in the event it is reasonably necessary for Grantee's installation, use or operation of the
Facilities to disturb any improvements (including, but not limited to, pavement or other Trail surfaces, benches, signs, bollards, rail
guides trash bins, telephone enclosures, fences and landscaping) constructed or installed by or on behalf of the Grantor in connection
with the Trail, Grantee shall, at its own cost and expense, promptly repair or replace such improvements and return the property to its
condition immediately before being disturbed by Grantee or to such other condition as agreed upon, in writing, by the parties hereto.
13. Except as is necessary for the performance of bona fide unscheduled and unforeseen emergency repairs, Grantee shall
provide fifteen (15) days advance written notice to the Director of the Carmel Communications Center at 31 First Avenue, N. W.,
Carmel, IN 46032, (317) 571 -2586, the Office of the Mayor, City Hall, One Civic Square, Carmel, IN 46032, (317) 571 -2401, and the
Carmel Clay Parks Department at 1055 3`d Avenue Southwest, Carmel, IN 46032 (317) 571 -7275, prior to entering on the Easement
Area and the Trail to conduct any activities within the Easement Area and /or the Trail in connection with Grantee's use and operation
of its Facilities. Such notice shall include description of the type and location of such repair and an anticipated timeframe for
completion of such repair. Grantee shall use its best efforts to coordinate and time such activities with Grantor in order to minimize
any interference with the use of the Trail. Except as is necessary for the performance of bona fide unscheduled and unforeseen
emergency repairs, Grantee shall not conduct any activities, pursuant to this Easement, in connection with Grantee's use and operation
of its Facilities during periods of peak use of the Trail, which shall include, but not be limited to, all holidays and weekends. From
time to time, Grantor shall give notice to Grantee of other specific dates and hours of peak Trail use. Grantee shall comply with all
applicable rules, regulations, codes, ordinances and guidelines for the erection of barricades and the posting of appropriate warnings to
restrict access to any area of construction being performed by Grantee (the "Guidelines ") in, on or over the Easement Area.
Notwithstanding the foregoing, Grantee shall comply with Grantor's rules and regulations regarding the use of the Trail unless such
rules and regulations conflict with the Easement grant or applicable federal or state laws or codes. In the event of bona fide
unscheduled and unforeseen emergency repairs, Grantee shall provide as much notice as possible to Grantor, by contacting
telephonically and by facsimile transmission the Director of the Carmel Communications Center at 31 First Avenue, N. W., Carmel In
46932, (317) 571 -2586 and the Chief of Police at Carmel Police Headquarters at 3 Civic Square, Carmel, In 4632 (317) 571 -2500.
Grantee shall also comply with the Guidelines in the event of an emergency.
14. Grantee shall indemnify, defend and hold harmless Grantor, its officers, officials, employees, attorneys and agents, from
and against any loss, damages, injuries or liability, arising directly or indirectly, in whole or part, from Grantee's actions near or upon,
or Grantee's use of the Easement Area. Grantee shall maintain adequate public liability and property damage insurance covering
Grantee's activities within the Easement Area, Grantor's Property and the Trail. Grantee may self - insure for such obligations provided
that the Grantee's net worth exceeds $25,000,000.00 and such self - insurance is maintained consistent with all applicable laws, rules
codes and ordinances. At Grantor's request, Grantee shall provide satisfactory evidence of such insurance to Grantor.
Signature page(s) follow.
IN WITNESS WHEREOF, Grantor has caused this Grant of Underground Easement Agreement to be signed by its duly
authorized representative(s), effective the 1 10+hday of ��, 2012.
By and through its Board of Public Works and
Safety
By:
D
By:
Date:
THE CITY OF CARMEL,
Grantor
ames Brainard, Presiding Officer
on Wa : s'' Member
s( 1v't,
ATTEST:
By:
Mary A n Burke, Member,
Date:
Diana L. Cordray, IAMC, Cler reasurer
Date:
Sandra M. Johnson ,
Deputy Clerk for
V--QA-Nxr\-1/4-0
.ex.xN.6&\ okc.cNb rre�
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Personally appeared before me this day rilelOtt JainfiD +6r&tnard , `,DYi V4 60Y1 , and
w GAVN 1 kp, (a) duly authorized representative(s) of Grantor and acknowledged the signing of this
Grant of Underground Easement Agreement to be a voluntary act and deed for and on behalf of Grantor, and having been duly
sworn /affirmed, state(s) that any representations contained therein are true to the best of their personal knowledge.
WITNESS my hand and notarial seal, this , ( "Otay of , 2012.
////,
My Commission Expires: `7"� PI7 Signed Name: 2a-e-6L
My County of Residence: - 1-\amt tot 1 Printed Name: C • 1�1nI bav i 3
4. •
DUKE ENERGY INDIANA, INC.
Grantee
B
Printed:
Date:
n0 j /31`PPd/j
STATE OF INDIANA
) SS:
COUNTY OF HENDRICKS
Personally appeared before me this dayKRisnwl L BREED N( 1-16t g.1414T- t?l7 WA V (a) duly authorized representative(s)
of Grantee and acknowledged the signing of this Grant of Underground Easement Agreement to be a voluntary act and deed for and on
behalf of Grantee, and having been duly sworn /affirmed, state(s) that any representations contained therein are true to the best of their
personal knowledge.
WITNESS my hand and notarial seal, this 1 day of 'In C , 2012
My Commission Expires: 7 -2b--201,5-
My County of Residence: nQ %G■Chi:d
Signed Name:
Printed Name:
VG
1 J44 R. vN )\I
This Instrument Prepared by John B. Scheidler, Attorney -at -Law, 1000 E. Main St., Plainfield, IN 46168.
1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this darument,
unless required by law. John B. Scheidler
THIS IS NOT A SURVEY.
LOCATIONS SHOWN ARE APPROXIMATE.
� I �
146th Street
214
I - I 1 I
� I
I I
L -1 _ I-
Parcel Location
Deed and Covenants
City of Carmel
Instr. #9909941672
Recorded 07/13/1999
41 ,ROUTE SURVEY PLAT
Prepared for - TOWN OF WESTFIELD
by`Butler,-,,Fairman and Seufert, Inc.
(Job ; # 4399.06) ` Sta 11 +50
.02 Acres Easement Area
HAMILTON COUNTY, INDIANA
CLAY TOWNSHIP, SECTION 24, T18N, R3E
OF CARM EL. DWG
6
U
�Duke
Energy®
INDEX
EASEMENT
DETAIL
City of Carmel - Monon Bridge over 146th Street
LOCATION Monon Trail & 146th Street - West of US 31
DATE 05/04/2012
SCALE N/A
DR' SEG
CK.
EXHIBIT "A"
SAFETY EXPECTATIONS FOR THIS JOB
ARE THAT YOU
REDUCE RISK
ILLNESS
Z E R t REMOVE POSURE
TO HAZARDS
INJURY
oop�� REINFORSE SAFE
BEHAVIOR