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HomeMy WebLinkAboutPipeline Easement (BPW approved 6/1/24) Duly Entered For Taxation Subject To Final Acceptance 202410886 EASCR $25.00 For Transfer 6/13/2024 10:35.18 AM 6 PGS JUN 13, 2024 EM Steve Gal ,j� Clark County Recorder IN ' "^ Recorded as Presented Auditor of Clark County 111111111III 1111I 11111111111111111111 IIII 1111 Tract No, P01 SAP W.O.#109025057 Jeffersonville-BRIM 400 REPL Line CROSS REFERENCE:Warranty Deed Record 28, Instrument No.22164 PIPELINE EASEMENT THIS INDENTURE WITNESSETH,THAT The City of Jeffersonville,Indiana,hereinafter collectively and individually called"Grantor",for and in consideration of the sum of One Dollar($1.00),and other valuable consideration, the receipt of which is hereby acknowledged, hereby GRANTS and CONVEYS to INDIANA GAS COMPANY, INC., an Indiana corporation doing business as CENTERPOINT ENERGY INDIANA NORTH, Its successors, assigns and lessees, hereinafter collectively referred to as "Grantee", an easement with the right,from time to time,to install,construct, inspect, maintain,operate,repair,alter,relocate,enlarge, rebuild and remove pipelines, including but not limited to, drips, valves, anodes, pits, pipeline markers, cathodic equipment, test leads, meters, protective facilities, and all other appurtenances thereto, whether above or below the surface, convenient or necessary for the transportation and distribution of gas or other substances which can be transported through pipelines (the "Facilities"), in, under, over, across, upon, and through the land of Grantor situated in Jefferson Township, Clark County, Indiana and being part of Survey Number 9 of the Illinois Grant,and being a parcel conveyed to Grantor by Warranty Deed, dated December 22, 1996, and recorded In Warranty Deed Record 28 as Instrument Number 22164, on December 26, 1996, in the office of the Recorder of Clark County, Indiana. Parcel No. 10-21-00-900-364.000-010 Said easement granted herein shall be a strip of land approximately 0,023 Acres,as described on Exhibit"A"and graphically depicted on Exhibit"B", attached hereto and made a part hereof (the"Permanent Easement"). In addition to said Permanent Easement, Grantor also hereby grants to Grantee a temporary easement for initial construction purposes upon, over and across an additional tract of land being more particularly described on Exhibit"A" and shown on Exhibit"S" attached hereto (the"Temporary Easement"). The Temporary Easement is granted for a period of Twelve (12) months from the start of initial construction and includes the right to trim, cut down, remove or otherwise control any trees, bushes, branches, roots, undergrowth, overhanging branches or other obstructions in the Temporary Easement. 1 of 4 CLARK CO,IN ASSESSOR KR The Permanent Easement and Temporary Easement are sometimes hereinafter collectively referred to as the "Easements." The Grantee will have the right to ingress and egress over the land of Grantor to and from said Easements in the exercise of the rights herein granted, together with reasonable working space for the purposes of constructing, installing, operating, maintaining, replacing, inspecting, and removing said Facilities. In the exercise of such rights the Grantee will, whenever practicable to do so, use existing highways, roadways or other access routes. The Permanent Easement is made subject to the following terms and conditions: 1) Improvements: Grantor shall not erect or maintain any buildings, structures, property, or any other type of improvement or obstruction, either of a permanent or temporary nature, above or below ground within the Permanent Easement without Grantee's prior written consent. Grantee shall not be responsible to Grantor for damages to or removal of buildings, structures, property, or any other type of improvements or obstructions encroaching into the Permanent Easement. 2) Changes in grade or excavation: No excavating or grading shall be done within the Permanent Easement which would either(A) reduce the coverage of soil over said pipelines or (B) increase the coverage more than two (2) feet without the prior written consent of Grantee which consent will not be unreasonably withheld, (C) impair the Grantee's ability to maintain the Facilities or(D)create a hazard. The"811" Utility Protection Service and Grantee must be called at least two (2) working days before anyone excavates in the Permanent Easement. 3) Trees, Bushes, Branches, and Roots: Grantor further grants to Grantee the right to trim, cut down, remove or otherwise control any trees, bushes, branches, roots, overhanging branches, and vegetation growing upon said Permanent Easement which according to Grantee's standards or in the sole discretion of Grantee may now or at any time interfere with the construction, use, maintenance, surveillance, access or efficient, safe and proper operation of its Facilities. Grantee shall not be responsible to Grantor for damages to, or removal of, trees or other plant life, with the exception of growing non-timber crops, in the Permanent Easement. 4) Location: The Facilities are to be located in the Permanent Easement. In addition, the Easements are made subject to the following terms and conditions: 1) Reimbursement and Restoration: Grantee shall reimburse Grantor for any damage or loss to growing crops, soil, tile, gates and fences that may be caused by Grantee or its contractors while accessing or working in the Easements. Any such damages shall be paid or otherwise restored as 2 of 4 nearly as can be to its original condition by Grantee, provided written notice thereof is given to Grantee at its Evansville office located at P.O. Box 209, Evansville, Indiana 47702-0209, or such place as Grantee may designate, within ninety (90) days after the occurrence of such damage. 2) Grantor's Rights: Subject to the rights herein granted to Grantee, Grantor reserves the right to use and enjoy the land included within said Easements for purposes which are not inconsistent with the safe operation of Grantee's Facilities (including Grantee's access thereto) and which will not interfere with the rights and privileges granted to Grantee by the Easements. Grantor covenants that Grantor is the true and lawful owner of the property herein described and has full power and authority to grant this Pipeline Easement. The undersigned person(s)executing this instrument on behalf of the Grantor represent and certify that they are duly elected officers of the Grantor and have been fully empowered to execute and deliver this instrument and that all necessary corporate action for the granting of such easement has been taken and done. This Pipeline Easement shall run with the land and be binding on and inure to the benefit of the parties, their heirs, successors, and assigns. 3of4 l, \ II 1 0.�5. ��N5 °�\a • Tax#10-21-00-900-364,000-010 ,�� �`� ?". % City of Jeffersonville,Indiana Warranty Deed December 22,1996(Executed Date) Instrument No.22164 POC /-533°26'21"E 312.01'(M) W Corner, \Survey 9 \ 5/8"REBAR W CAP S17°41'43"E 1,288.53' RR Spike Flush \ so N 173,194.706 \ E 743,758.993 `\\ % 4�� \\ tf ,4\ �a \2 1510047 \c*. G2 1r \ \ ! ' , y \ esk 1) ‘•�\ Line Table Is \S `. Line# Bearing Distance i ` POB LI S55°25'17"W 50.79' gotl Ilk Permanent Easement ‘ 1,016 Sq.FL± 1\ % 0.023 Acres± ,- POB#7000 Gate Temporary Easement 1"PINCH PIPE 2"BG N 172,214.237 -•1 \!.` 465 Sq.Ft.± N 171,948.174 \ E 744,497.345 0.011 Acres± E 744,582.215 ` \` �� 1a .&\ ,% te ‘\?\ •- POT#7001 �� / d `A� N 172,185.414 ?� ;�� \ \� E 744,455.531 / `\d\ Detail"A.. L -, LEGEND �j�J'� Project:BRDG.400 REPLACEMENT-CLARK CO. 0 -Tract Number 1 / // /1-went - Temporary Tract:1 U Easement FaV'ment Title:Permanent and Temporary Easement Q -Denotes Deed Line or Ownership Change Location:Pt Survey 9,Illinois Grants POC-Point of Commencement R/W-Right-of-Way • -Found Monument Jeffersonville Township,Clark County,Indiana I POB-Point of Beginning c. -Centerline I O -Calculated Location POT-Point of Terminus Date:2024/04/08 Drawn By:IRK Checked By:BLR NOTES Rev.$_: Drawn By: Checked By: 1.This drawing is not intended to be represented as an Onginal,Retracement,or RouteA lob#:20Y23-0244 Task it:2 SAP#:109025057 Survey,or a Surveyor Location Report as defined by IAC Title 865. Drawing Prepared By:CenterPoint Energy 2.Areas,bearings,coordinates,and distances shown hereon are based upon the Indiana Geospatial Coordinate System(InGCS),Clark Zone per NAD 83(2011) çgPoint.e______ } Epoch 2010.00,via the Trimble VRS Now network,and are cited in U.S.Survey Feet and E Exhibit decimal parts thereof as well as Degrees-Minutes-Seconds. 0' 150' 300' 3.Rights of Ways Source:Instrument Number 20447 Grid North Energy n B,1 Sheet I of 1 Scale: 1 =300' File Path:G:\LFS-Survey\Projects\COLU\2023`2023-0244\CAD\Dwgs\01\01.dwg Owner Tax#10-21-00-900-364.000-010 City of Jeffersonville,Indiana Warranty Deed Record 28 Instrument No.22164 December 22, 1996(Executed Date) December 26, 1996(Recorded Date) Permanent Easement Area Temporary Easement Area 1,016 square feet± 465 square feet± 0.023 acres± 0.011 acres± Permanent Easement Description Part of Survey Number 9 of the Illinois Grant,Clark County,Indiana,being a strip of land 20 feet in width,lying 10 feet on each side of the following described centerline: Commencing at the West Corner of said Survey 9,being marked by a Railroad Spike(reference Indiana Geospatial Coordinate System Clark Zone coordinates of North 173,194.706 and East 743,758.993,per NAD 83(2011)Epoch 2010.00,in U.S.Survey Feet and decimal parts thereof); thence along the line between Surveys 9 and 19 North 54 degrees 31 minutes 19 seconds East(grid bearing per said Zone)425.68 feet to the East lire of the Grantors land,also being the west Right of Way of the Old Conrail Spur Track; thence along said Grantors east line South 17 degrees 41 minutes 43 seconds East 1,288.53 feet to the POINT OF BEGINNING,being depicted as Point #7000 on the attached Permanent Easement Exhibit"B";thence South 55 degrees 25 minutes 17 seconds West 50.79 feet to the POINT OF TERMINUS, being depicted as Point"7001"on said Exhibit"B". The sidelines of said strip being lengthened or shortened to intersect with the east line of the Grantor's land,and the east line of a 25 foot wide Utility and Right of Way Easement recorded as Instrument Number 20447 in the Office of the Recorder of Clark County,Indiana.Containing 0.023 acres,more or less. NOTES Project:BRDG.400 REPLACEMENT-CLARK CO. 1.This description is not intended to be represented as er part ci \\\\\\\\\\\\\\IIIIIIIIIII///[p��������i// an Original,Retracement,or Route Survey,or a Surveyor Locat c ���\\ ,,;,„ it ����� Tract:1 Report as defined by IAC Title 865. `, ;: S r ERF,, y� Title:Permanent and TemporaryEasement 2.Areas,bearings,coordinates,and distances shown hereon are p.'`✓ o based upon the Indiana Geospatial Coordinate System(InGCS) = �' N 0. _ Location: Pt Survey 9,Illinois Grants Park,Zone per NAD 83(2011)Epoch 2010.00,via the Trimble VRS = ? 80900003 = Jeffersonville Township,Clark County,Indiana Now network,and are cited in U.S.Survey Feet and decimal pars thereof as well as Degrees-Minutes-Secords. s TA rE OF 147';cD ANP �O��\ Rev Date:2024J04;08 Drawn By:Drawn By:IRK Checked By:Checked By:BLR '/!/l/IIJIIIIillllll\V\\\\\\\\\\ lob C:2023-0244 Task Y:2 SAP 4:109025057 j7 Drawing Prepared By:CenterPoint Energy John R.Kurtz Cent O/nte Exhibit IN Registered Land Surveyor#80900003 Energy rrA" Sheet 1 of 1 April 05,2024 File Path:G:ILFS-Survey\Projects\COLU\2023\2023-0244\CAD!Dwgs\01\01.dwg DATED this \,--' day of �i_.(r0,-____ 2024. The City of Jeffe vill , Indiana, a : Signature N .‘uk '( Aoo - Print Name Title in STATE OF INDIANA, COUNTY OF (_,/ .a r , SS: Personally appeared before me this /+i�ce^\ day of"!(,I AI_ , 2024, The City of Jeffersonville, Indiana. by 1)1 ( K Q l y x)re_ , its 1171 c7� , who acknowledged the execution of the above instrument to be his/her voluntary act andleed for and on behalf of said entity. JOHNNA S.ANDERSON `\ 1 1,1,,v/4,_ , ( /_ d A SEAL Notary Public-State of Indiana Notary Public Clark County j / My Commission Expires May 27,2029 1�J/ ' , -IUr\l_ll I S, �io /`SD, _ Commission,644704 n' r _ f� /� �J (Printed name) My Commission expires 5 ,,X / C -Oc ► My County of Residence isE i a r K My Commission number is (PY-17014 Grantee's Tax Mailing Address. 211 NW Riverside Drive. Evansville. Indiana 47708. This instrument prepared by the Grantee named herein by Dennis Burns. I. Dennis Burns, affirm, under the penalties for perjury. that I have taken reasonable care to redact each Social Security Number in this document, unless required by law 4 of 4