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Home My WebLink AboutGRANT OF EASMENT BATESBOWYER AVE GRANT OF EASEMENT Pt.Parcel#10-19-00-800-016.000-010 In consideration of the sum of One Dollar($1.00)and other good and valuable consideration, the receipt of which is hereby acknowledged, CITY OF JEFFERSONVILLE, INDIANA (hereinafter referred to as "Grantor"), hereby grant(s) unto DUKE ENERGY INDIANA,LLC,an Indiana limited liability company 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, 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, surface equipment (including, but not limited to, transformers and switchgears), 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 Survey Number 8 of the Illinois Grant, Jeffersonville Township, Clark County, State of Indiana; being a part of a tract as recorded in Deed Book 22,Number 13069 in the Office of the Recorder of Clark County,Indiana (hereinafter referred to as"Grantor's Property"),and being more particularly described as follows: A strip of land fifteen feet (15') in uniform width, lying seven and one-half feet (7.5') wide on both sides of a centerline, which centerline shall be established by the center of the Facilities as constructed and as generally shown on 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). For Grantee's Internal Use: Line Name/No:Clark—Jeffersonville-Indiana Tract No: 1 of 1 Job Control#32279000 LU# Prep/Chk:JDG/MRJ Exec/Rec: Dwg/Fac Ref:Exhibit "A" Prepared Date:June 25,2019 1 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 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) 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. 2 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, 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. Signature page(s)follow. 3 IN WITNESS WHE• OF,Grantor has caused this Grant of Easement to be signed by its duly authorized representative(s), effective the iS't'''day of ;3, Carl y ,2019. C I OF JEFFERSONVILLE,INDIANA, Grantor I By: bi: ;y. Printed Name: MI, I ' MOOift2 Printed Name: Printed Title: AT( Printed Title: STATE OF (()ChC n ) COUNTY OF C1N--- SS: Personally appeared before me this day fr) / llu Thorr4._, , in authorized representative(s)of Grantor and acknowledged the signing (a) duly g of this Grant of Easement pito 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 ofpersonal knowledge. {� WI SS my hand and notarial seal,this /�J day of Ay 3 2019.jo _ ' JOHNNA S.ANDERSON SEAL ' Notary Public-State of Indiana adirte.L,.....- Clark County ,r� f My Commission Expires May 27,2021 My Commission Expires �� (J�l/ Signed NOCommission#644704 My County of Residence: , 4 �j` Printed : e: J 0 h/7 n a . AiCJ !�/\ My Commission Number:(Q V'( C/' This Instrument Prepared by John B. Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168. I 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. Jennifer Girton 4 THIS IS NOT A SURVEY. LOCATIONS SHOWN ARE APPROXIMATE. THE ACTUAL CENTERLINE LOCATION OF THE UTILITY LINE IS THE CENTERLINE OF THE EASEMENT. W E S a� ti CITY OF JEFFERSONVILLE INSTRUMENT#13069 ti PARCEL#10-19-00-800-016.000-010 °-)� Q. CENTERLINE OF 15'WIDE EASEMENT • • ES BOER AVE• , TO BAT 547°4025"W 71.88' .55'0 / 55a .................................... 91k. 07.27 v 572°05'00„� pI� 8 NOTE:PROPERTY LINES AS SHOWN WERE PLOTTED FROM INSTRUMENT#13069 AND SITE IMPROVEMENTS FROM GIS DATA CLARK COUNTY INDIANA SITE NAME: JEFFERSONVILLE TOWNSHIP SURVEY #8 OF THE ILLINOIS GRANT DR. EXHIBIT MAP OF: AA EASEMENT frik, DUKE CK. MT LOCATION 1400 BATES BOWYER AVE,JEFFERSONVILLE, IN ENERGY® DATE EXHIBIT MAP FOR: 07/12/2019 CITY OF JEFFERSONVILLE EXHIBIT 'A' EMAX#32279000