Interests in land acquired by the Indiana
Department of Transportation
Grantee mailing address:
100 North Senate Avenue N642
Indianapolis, IN 46204-2219
I.C. 8-23-7-31

DELETE AFTER READING: Before entering data, “SAVE AS” under a separate file name. Use the TAB key to move to each field. Repeated info will auto-populate throughout the form. If the fields do not auto-update (page #), right-click and select Update Field.

PERPETUAL FLOOD PLAIN EASEMENT

(New Regulatory Flood Area)

Form PFE-New / Project: / PROJECT #
Revised 07/2014 / Code: / CODE
Parcel: / PARCEL #
Page: / 1 of 4

THIS INDENTURE WITNESSETH, That GRANTOR(S), the Grantor(s) of GRANTOR COUNTY County, State of GRANTOR STATEConvey(s) and Warrant(s) to the STATE OF INDIANA, the Grantee, for and in consideration of the sum of DOLLAR AMOUNT (Text) Dollars ($0.00) and other valuable consideration, the receipt of which is hereby acknowledged, a perpetual flood plain easement in, under and upon a part of that certain Real Estate situated in the County of COUNTY OF PROPERTY, State of Indiana, which is more particularly described in the legal description attached hereto as Exhibit “A” (the “Grantor(s) Land”), and which said easement area is more particularly described in the legal description attached hereto as Exhibit “B” (the “Easement Area”), both of which exhibits are incorporated herein by reference, for the purposes of allowing increases in depth and/or duration of flood and surface waters onto the Easement Area due to the PROJECT DESCRIPTION(“PROJECT NICKNAME”).

This conveyance is subject to any and all easements, conditions and restrictions of record.

Interests in land acquired by the Indiana
Department of Transportation
Grantee mailing address:
100 North Senate Avenue N642
Indianapolis, IN 46204-2219
I.C. 8-23-7-31
Project:
Code:
Parcel:
Page: / 2 of 4

< insert jurat(s) here - otherwise delete >

Project:
Code:
Parcel:
Page: / 2 of 4
Form PFE-New / Project: / PROJECT #
Revised 07/2014 / Code: / CODE
Parcel: / PARCEL #
Page: / 2 of 4

Grantee, its employees, agents, contractors, subcontractors and assigns shall have the right, but not the obligation, to enterin, under, over, along and upon the Easement Area at will to inspect, construct, reconstruct, or make such alterations and improvements to the Easement Area to maintain or restore an appropriate regulatory flood elevation as the Grantee or its successors may deem necessary or useful for the purposes of the PROJECT DESCRIPTION. In order to exercise such rights, Grantee shall have the right of access across Grantor’s adjoining lands from the nearest public road to the Easement Area.

Grantor(s) and their successors in title, acknowledge(s) and agree(s) that: a) the Easement Area shall now be located in the area of a regulatory flood as defined in 312 IAC 10-2-35, shall be subject to regulation by the Indiana Department of Natural Resources and other applicable authorities pursuant to the Flood Control Act I.C. 14-28-1 et seq. and Flood Plain Management Act I.C. 14-28-3 et seq. as amended, and the Easement Area may be subject to additional federal, state, or local laws as a result of this easement; and b) Grantor(s) and their successors in title shall not act in any manner that is incompatible with this easement including, by way of example but not limitation, erection of a levee, change of contour or elevation, or other flood protection measures in the Easement Area. Grantor(s) and their successors in title reserve all other rights and privileges to the Easement Area, including planting and harvesting of agricultural crops, so long as such use does not interfere with or abridge the rights granted to Grantee hereunder.

Grantor(s), their heirs, executors, administrators, successors, and assigns shall hold Grantee, its successors and assigns harmless from all claims to damages in any away arising from or incident to the flooding of the Easement Area to any depth at any time in the future by reason of the PROJECT NICKNAME or arising from or incident to the inspection, construction, reconstruction, alterations or improvements made by Grantee, its employees, agents, contractors, subcontractors and assigns in the Easement Area.

Grantor(s) warrant(s) that the owner(s) in fee simple of said Easement Area, lawfully seized thereof and has/have a good right to grant and convey the foregoing easement; warrant(s) the quiet use and enjoyment thereof; warrant(s) that said Easement Area is free from all easements, conditions, restrictions, or encumbrances inconsistent with the grant contained herein; and warrant(s) that will defend Grantee’s title in said easement against all claims. The easement granted herein, and its associated benefits and obligations, shall run with the land and be binding upon the grantor’s heirs, successors, and assigns and the successors and assigns of the Grantee.

Form PFE-New / Project: / PROJECT #
Revised 07/2014 / Code: / CODE
Parcel: / PARCEL #
Page: / 3 of 4

IN WITNESS WHEREOF, the said Grantor(s) executed this instrument

this ______day of ______, ______.

COMPANY NAME

(Seal) / (Seal)
Signature / Signature
NAME, TITLE, IF APPLICABLE (or delete) / NAME, TITLE, IF APPLICABLE (or delete)
Printed Name / Printed Name
(Seal) / (Seal)
Signature / Signature
NAME, TITLE, IF APPLICABLE (or delete) / NAME, TITLE, IF APPLICABLE (or delete)
Printed Name / Printed Name

STATE OF:______:

SS:

COUNTY OF______:

Before me, a Notary Public in and for said State and County, personally appeared

______, theGrantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true.

Witness my hand and Notarial Seal this ______day of ______, ______.

Signature

Printed Name ______

My Commission expires ______

I am a resident of ______County.