Grant of Easement/Civic Square Building Corp to PSI Energy, Inc/Parcel 7GRANT OF EASEMENT
In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, CARMEL CIVIC SQUARE BUILDING CORPORATION, an Indiana not - for -profit corporation (hereinafter
referred to as "Grantor "), hereby grant(s) unto PSI ENERGY, INC., an Indiana corporation, 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 and/or telecommunication line or lines including but not limited to, all necessary
and convenient supporting structures, 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, and for technological purposes (including but not limited to telecommunications), in, upon, over, along, under,
through and across the following described real estate situated in Hamilton County, Indiana (hereinafter referred to as the "Easement
Area"):
A strip of land twenty -five (25) feet in width as shown on the attached Exhibit "A" and more particularly
described on the attached Exhibit "B ".
Said strip of land is located in the land of Grantor that is situated in the Northeast Quarter of Section 36,
Township 18 North, Range 3 East, and described in Instrument No. 200300126946 in the Office of the
Recorder of Hamilton County, Indiana (hereinafter referred to as "Grantor's Property").
This easement grant shall include, but not be limited to, the following respective rights and duties of Grantor and Grantee:
1. 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).
2. 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. Grantee shall also have the right to cut down, clear, trim, remove,
and otherwise control any trees, shrubs, overhanging branches, and/or other vegetation which are adjacent to the Easement Area but
only to the extent such vegetation may endanger, as reasonably determined by Grantee, the safe or reliable operation of the Facilities,
or where, such vegetation is trimmed consistent with generally accepted arboriculturai practices.
3. Grantee shall have the right to allow third parties to trench equipment in with Grantee's Facilities, and any such
equipment shall include but not be limited to, wires, cables, and other fixtures; provided, that Grantor shall pursue any claim with the
For Grantee's Internal Use:
Parcel No.: 7 /Line No. :#838.60 Carmel Homeplace Sub #430 to Carmel Sub. #425 [Cannel Redevelopment Relocation]
County: Hamilton/Township: Clay
Project #504C5813
Form: E'MH /7/ 5 Exec. /Rec.:
Dwg Ref.: " —I2
Prepared Date: 9/26/05
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third party and not Grantee, if any such claim arises out of said third party's equipment.
4. 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.
5. Grantor shall not place, or permit the placement of, any obstructions, which may interfere with the exercise of the rights
granted herein to Grantee. Grantee shall have the right to remove any such obstruction.
6. Grantee shall have the right to pile dirt and other material and to operate equipment upon the surface of the Easement Area
and the adjoining land of Grantor's Property, in the exercise of the rights granted herein to Grantee.
7. Excluding (a) the removal of vegetation and obstructions as provided herein; (b) any damage to pavement upon the
adjoining Grantor's Property or, as may be permitted by Grantee, upon the Easement Area, either of which is caused by Grantee in the
course of exercising its rights of ingress and egress over, to and from the Easement Area as provided herein; or (c) any damage to
landscaping upon or a use of the Easement Area by Grantor to which Grantee may give prior written consent to Grantor 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 Grantee, 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 or employees. In the event that Grantee does not, in the opinion of Grantor, satisfactorily repair any damage, Grantor must,
within ninety (90) days after such damage occurs, file a claim for such damage with Grantee at (a) enter address: 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 in any manner which is
consistent with the rights granted herein to Grantee, and shall comply with all applicable codes when rnaking use of the land near the
Facilities.
9. Notwithstanding anything to the contrary contained herein, Grantor shall not without the prior written consent of Grantee
(a) construct or install, or permit the construction or installation of any building, house, or other above - ground structure, or portion
thereof, 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 would result in the retention of water in any manner within the Easement Area; or (d) install any
landscaping upon the Easement Area; or (e) perform any form of construction or excavation upon the Easement Area..
10. Grantor warrants that it has the necessary authority and title to Grantor's Property to grant this easement to Grantee, and
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shall defend and hold Grantee harmless from the claim of any third party that Grantor does not have such authority or title.
11. 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. The exercise of any or all of the rights and
privileges of Grantee set forth herein, shall be at the sole discretion of Grantee.
12. By executing this Grant of Easement, the City of Carmel, Indiana, hereby acknowledges and agrees that its (a) easement
for sewer line and incidental purposes recorded October 5, 1979 in Deed Record 315, Page 739 in the Office of the Recorder of
Hamilton County, Indiana, and (b) leasehold interests as recorded in Miscellaneous Record 187, Page 3591 Instrument No. 93-
64320; Instrument No. 88- 27427; and Instrument No. 94- 00659, all as recorded m the same Recorder's Office, shall be
subordinate, subject and junior to this Grant of Easement.
13. By executing this Grant of Easement, U.S. Bank National Association, hereby acknowledges and agrees that its Trust
Indenture dated September 1, 2004 and recorded October 21, 2004 as Instrument No. 2004 -00072918 in the Office of the Recorder
of Hamilton County, Indiana, shall be subordinate, subject and junior to this Grant of Easement
[Signature pages follow.]
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IN WJJIESS WHERJOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s),
effective the ) day ofs , 2005.
CARMEL CIVIC SQUARE BUILDING CORPORATION,
an Indiana not - for -profit corporation
✓e
By: j / I/ i f
Printed Name: j ,''
Printed Title: ,)
By:
Grantor
�i
'' it-/ `/ Printed Name:
STATE OF
) SS:
COUNTY OF a u r )
Printed Title:
��++ .john Woir�c�n -`t )•M 4urtce.
1) .t .ohl'ede_ c on
t .J 47. 0— E ti,
Personally appeared before me this day • ;;i:�.;'' t,- =, k(. < , rtr.)�+ ,) , �: .. L , (a) duly
authorized representative(s) of Grantor and acknowledged the signing of this Grant of Easement by _ 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 4• , , , personal knowledge.
WITNESS my hand and notarial seal, this day of {:('c nix . , 2005.
My Commission Expires: i ; '?
++s
My County of Residence:
Signed Name:
Printed Name:
4
i '. jj LL.
IN WITNESS WHEREOF, the City of Carmel, Indiana has caused this Grant of Easement to be signed by its duly
authorized representative(s), effective the -714-day of 1:;:r2C2e-nt-ta(-, 2005.
By:
P ed Name:
Printed Title:
CITY OF CARMEL, INDIANA
STATE OF r(1 ni
) SS:
COUNTY OF--4.
By: H
Printed Name:
Printed Title:
;
Personally appeared before me this day -VI-11,i ;;, i ,
authorized representative(s) of the City of Carmel, Indiana and acknowledged the
voluntary act and deed for and on behalf of the City of Carmel, Indiana, and
representations contained therein are true to the best of personal knowledg
WITNESS my hand and notarial seal, this 1 day of
!■•
My Commission Expires: '9 // /0 SP--
My County of Residence:-4--Mv A ibi./A
Signed Name:
Printed Name:
1:
t—LD-ockkA..y-
k.
, t
, (a) duly
signing of this Grant of Easement by to be a
having been duly sworn/affirmed, state(s) that any
e.
, 2005.
)
Return to:
Sandra Johnson
City of Carmel — Clerk Treasurer's Office
One Civic Square
Carmel, IN 46032
5
GEC -07 -005 16:55 From:US BANK 3176361951 To:8443496 P.3 /3
DEC -07 -2005 WED 11:17 AM CARMEN COMMUNITY SVCS FAX H0. 317 571 2426 P, 15
IN WITNESS WHEREOF, U.S Bsok Natiioonal Association bas caused this Grant of Easement to be signed by its duly
auihortmcl represcniative(n). effective the 'Vfi day of ( , 2005-
U.S. BANK NATIONAL ASSOCIATION
STATE OF Ut3 4.0
Ind
COTSr OF ' Y-10n
) SS:
Personally appeared before use this day 7T h fl
Br
Printed Nors; //. c_ ` cF -
V
Printed Title: Z � C 5 E-477-
(a) duly
awurized repreaentetive (s) of U.S. Bank NationalASaoaiation and acknowledged the signing of thin G ant of Easement by to
be as volln+fl►ry act and decd for sad on behalf of U.S. Bank national Asaneiatla4 and having been duly swvn laffained, sate(a) that
any reprecerntatinus contained therein are trq,a to the bait of personal knowledgc.
WITNESS my had and ootart41 seat. this I 1 h dry of _ '- n D r , 2005.
This Inacrec eat Prepared by John R. Schaller, Attorney -ac I.aw.
EXHIBIT "A"
Scale: 1`=200-
N 89'10' 37" E
25.00'
l
NE Corner NE 1/4
Section 36, T -18 —N. R -3 —E
S 89'12' 13" W 707.40'
N 0'51' 54' W
252.87'
North Line NE 1/4
Section 36, T -18 —N, R -3 —E
Fourier Monon Roilrood
P.O.B. South Line
Instr. No. 200200025738
5 0°51' 54' E
252.85'
0.145 ac.
S 89'08' 06" W
25.00'
25' C(NERG Y EA SEMEN T
AMERICAN CONSULTING, INC.
krailiectr
a 7260 SHADELAND STATION
Comsdkus
INDIANAPOLIS, IN 96256
Engineers (317) 547 -5580 FAX: (317) 543 -0270
Copyright (C1 7966 -2005 by Amt-icon Consulting. Inc.
DATE. 07/05/05
DRAWN BY: LILO
JOB NO. 05-172
SHEET NO.
of
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EXHIBIT "B"
25' CINERGY EASE14ENT
A port or the Northeast (Norte( or Section 36, Township 18 North, Range 3 Cost.
Hamilton County, tndiono, described os follows: Commencing ot the northeast comer 01
soid Northeast Quorter, thence South 89 degrees 12 minutes 13 seconds West (bearing
assumed) 707.40 feet along the north tine of soid Northeast Quarter to the east fine of the
former Mann Railroad; thence South 00 degrees 51 minutes 54 seconds East along said
east line 1188.27 feet to the south fine of a 1.004 acre tract of land conveyed by o Limited
Worronty Deed recorded os Instrument No. 200200025738 in the Office of the Recorder
of Hamilton County, Indiana, said point being the Point of Beginning ot this description;
thence continuing South 00 degrees 51 minutes 54 seconds East along sold east line
252.85 teet; thence South 89 degrees 08 minutes 06 seconds West 25.00 feel; thence
North 00 degrees 5lminutes 54 seconds West 252.87 feet to the south line of said 1.004
ocre tract of kind; thence North 89 degrees 10 minutes 37 seconds East olorlg said south
fine 25.00 feet to the point of beginning, containing 0.145 ocres, more or less.
25' CINERGY EASEMENT
AMERICAN
Atiddtects
Consultants
Engineers
Copyright (Cl
CONSULTING, INC.
7260 SHADELAND STATION
INDIANAPOLIS. IN 46256
(317) 547-5580 FAX: 1317) 543-0270
1966-2003 by American Compiling. Inc.
DATE: 07/05/05
DRAWN SY: he B
JOB NO. 05.172
SHEET NO.
2
of
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