Grant of Easement/CRC to PSI Energy, Inc/Old Town Underground ConversionCZ. c. :� +n cL- 1pre: -7, r -a w EAL•rtv
GRANT OF EASEMENT
Pt. Parcel # 16- 10- 30- 03 -01- 008.000
Pt. Parcel # 16- 10- 30- 03 -01- 007.000
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 REDEVELOPMENT COMMISSION (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:
Situate in Section 30, Township 18 North, Range 4 East, Clay Township, Hamilton County, State of Indiana; being a
part of a tract as recorded in Instrument Number 2006000001868 and Plat Records for Bales & Davis Addition
Deed Record 21, Page 416 in the Office of the Recorder of Hamilton County, Indiana (hereinafter referred to as
"Grantor's Property "), and being more particularly described as follows:
Said easement area being described and shown on a survey 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. 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 arboricultural practices.
3. Grantee shall have the right to allow third parties to trench with Grantee's Facilities, and any such equipment shall include
For Grantee's Internal Use:
Line Name /No: Carmel Old Town Underground Conversion
R/W Tract Nol
Project #514ZU
Prep /Chk.EMH/ 1I Exec /Rec:
Dwg /Fac Ref:
Prepared Date:2 /15/2006
1
but not be limited to, wires, cables, and other fixtures; provided, that Grantor shall pursue any claim with the third party and not
Grantee, if any such claim arises out of any third party's facility location.
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, but only during those times when Grantee is constructing, reconstructing, maintaining,
repairing, replacing, relocating, adding to, modifying, or removing the Facilities.
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 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 making 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.
10. Grantor warrants that it has the necessary authority and title to Grantor's Property to grant this easement to Grantee, and
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,
2
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.
IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be signed by its duly authorized representative,
effective the day of Opt , 2006.
THE CITY OF CARMEL REDEVELOPMENT COMMISSION,
Grantor
STATE OF
) SS:
COUNTY OF
Ronald E. Carter, President
Personally appeared before me this day Ronald E. Carter, (a) duly authorized representative of Grantor and acknowledged the
signing of this Grant of Easement by him 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 his personal knowledge.
WITNESS my hand and notarial seal, this ZI 54- day of PlaCc , 2006.
My Commission Expires:
My County of Residence:
Nov, 5) acito
rn 441.1,
Signed Name:
Printed Name: 2ri S. 12 l tCe_
This Instrument Prepared by John B. Scheidler, Attorney -at -Law.
3
f> 11
EXHIBIT 1`
ELECTRIC LINE EASEMENT
A portion of the property of the Carmel Redevelopment Commission
Part of Instrument Number 200600001868
January 20, 2006
A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East of the Second Principal Meridian, Hamilton
County, Indiana, also being part of Lot 1 in Bales and Davis Addition, as per plat thereof, recorded in Deed Book 21, page 416
in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest Corner of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence
North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00
minutes 00 seconds East) 33.00 feet along the North Line of said Southwest Quarter to the northerly projection of the western
lines of said Lots 5 and 6; thence South 00 degrees 00 minutes 00 seconds West 33.00 feet along said northerly projection to the
northwestern corner of said Lot 5 and the northwestern comer of a 0.012 -acre tract of land granted to the City of Carmel, Board
of Public Works and Safety ( "Works and Safety tract ") (recorded as Instrument Number 200500047125 in said Recorder's
Office); thence North 89 degrees 44 minutes 59 seconds East 306.67 feet along said Works and Safety tract and the northern
lines of Lots 29 and 30 of said Warren and Phelps Addition to the western right -of -way line 1st Avenue Southeast, said point
lying 16.50 feet (measured westerly in a perpendicular direction) from the centerline thereof; thence South 00 degrees 10
minutes 27 seconds East 140.75 feet along said western right -of -way line to the northeastern corner of Lot 2 in said Bales and
Davis Addition; thence South 89 degrees 41 minutes 23 seconds West 69.47 feet along the northern lines of said Lots 1 and 2 to
the POINT OF BEGINNING of this description; thence South 00 degrees 05 minutes 48 seconds East 32.50 feet parallel with
the eastern lines of Lots 23 and 24 in said Warren and Phelps Addition; thence South 89 degrees 41 minutes 23 seconds West
51.00 feet parallel with the northern line of said Lot 1 to a point lying 22.50 feet (measured easterly in a perpendicular direction)
from the eastern line of said Lot 23; thence North 00 degrees 05 minutes 48 seconds West 32.50 feet parallel with said eastern
line to the northern line of said Lot I; thence North 89 degrees 41 minutes 23 seconds East 51.00 feet along said northern line to
the POINT OF BEGINNING, containing containing 1650.6 square feet or 0.038 acres, more or less.
POINT OF COMMENCEMENT:
.ST COP. SW 1/4, SEC.30 =T78N -R4E
STEEL PIN FOUND
. N 59'44' e E
33.00'
S 00'00'00 W
33.00'
•
•
THE CITY O CARMEL
INSTRUMENT
#200500047125
115.8 SQ. FT.
0.003 ACRES.
50 0 50 100
- —
SCALE: 1" = 50'
(E EAST MAIN STREET &
NORTH LINE, SW 1/4, SEC.30 -T16N -R4E
N 89'44'59' E- 306.67'
ADJOINER:
THE CITY OF CARMEL
INSTRUMENT #200500047125
502.0 50. FT.± 0.012 ACRES±
GRANTOR: LOT 5
PEDCOR RESIDENTIAL, LLC
INSTRUMENT #200500053142
IZ
Ir
4_ ORIGINAL LOT LINE 13
LOT 6
.pE��CO\jt� pfGPR E�S��
p,A QPG
oeE
tJ
Z
PR
32.00'
v.
GRANTOR: GRANTOR: o
THE CITY OF CARMEL I THE CITY OF CARMEL 5
REDEVELOPMENT REDEVELOPMENT ., a Wo
COMMISSION I COMMISSION
INSTRUMENT `( INSTRUMENT ° ' o°
#200500025904 I #200500001218 , 0)'
W W
V
�' w
IJ ° =
a
Ir LOT 30 .°o \ o
0 0
,n
LOT 29 QaQP 'E54
Purl 10• 16.5'
It Rpe.
10' PLATTED ALLEY ORIGINAL LOT LINE
F
MA -LLC
INST. 1199909942990
LOT 23
ORIGINAL LOT LINE
LOT 24
YALU AM E. &
MARCIA A. FOREMAN
INST. #9809803063
ORIGINAL LOT LINE
N 00'05 8'
2.5
\ 3I
Itt
w
01
a
F. a,
22.0'
IS
a l'§ 0
J
5 I
a to
10' PLATTED ALLEY
N 59'41 27-E 5 59'41"13''W- 69.47
j/ 5'.0' I POINT OF BEGINNI
0.038 ACRES M 1,650
S 59'41'23' w A I 00'05'48' E \S�Oa
32.50' PE GG V6
A
pP Qp,G
S �'L\
= P�pO is
J
a
115
LOT 1
LOT 2
1°
GRANTOR:
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION
INST. #200600001868
15 APP. R W
PHYSICAL C 1st STREET S.E
(PER PLAT)
15 APP. R W
LE M EL.
e N O I N n C a I N 4
ELECTRIC LINE EASEMENT
EXHIBIT
CITY OF CARMEL,
HAMILTON COUNTY, INDIANA
1 OF 1
DIRECTOM E /04132 /DI.C/NM0
5510/1140 02/20/200E 6
VIEM/VPOR1: , Of ,
NNIC dW