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Home My WebLink Aboutrecorded new sanitary easement weston pointe2019040700 EASEMENTS $25.00 08/30/2019 09:12:48A 6 PGS Jennifer Hayden HAMILTON County Recorder IN IRecorded llllllllllllllPresented llliill ATTACHMENT 3 NOW EXCLUSIVE SANITARY SEWER EASEMENT WESTON-MICHIGAN THIS INDENTURE WITNESSETH that: REALTY, LLC , of MARION County, State of Indiana (hereinafter called "Grantor"), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, sell and convey to TriCo Regional Sewer Utility, duly organized and existing under the laws of the State of Indiana, (hereinafter called "Grantee"), a permanent non-exclusive easement and right-of-way to construct, operate, control, maintain, reconstruct, change the size of, repair and remove a pipeline or appurtenances to be used for the transmission of sewage along, under, through and across the Grantor land in HAMILTON County, State of Indiana, which easement is more particularly described as follows, to -wit: SEE ATTACHED EXHIBIT A Grantor shall not convey any further interest in said easement or right of way except to other public utilities for utility purposes. Grantee will level the ground and reseed any areas that might be disturbed as a result of the construction of the sewer line or appurtenances, or as a result of any maintenance repairs that may be made to said sewer line or appurtenances hereafter. It is further agreed that any damage to any private drive, pipe, tile, fences or other property of the Grantor (other than trees, shrubs and ground cover) occasioned by the construction of said sewer line shall be repaired or replaced by the Grantee in as good or better condition as the same presently exists. Grantee shall have the right of ingress and egress over and across the easements granted for purposes described herein. Whenever necessary or convenient, Grantee may haul across the easements granted herein such pipe and other materials as may be needed in the construction or maintenance of its pipeline. Grantor shall have the right to fully use and enjoy the strip of land granted as a permanent easement except for such use as may impair, impede or unreasonably interfere with the exercise by Grantee of the rights granted herein. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over or interfering with the construction, maintenance, or operation of any pipeline or appurtenance constructed pursuant to this instrument. Grantor further agrees that Grantor shall not change the grade of any such pipeline. The grants, covenants and stipulations hereof shall extend to and be binding upon the respective heirs, successors and assigns of the parties. ATTACHMENT 3 NON- EXCLUSIVE SANITARY SEWER EASEMENT WESTON-MICHIGAN THIS INDENTURE WITNESSETH that: REALTY, LLC , of MARION County, State of Indiana (hereinafter called "Grantor"), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, sell and convey to TriCo Regional Sewer Utility, duly organized and existing under the laws of the State of Indiana, (hereinafter called "Grantee"), a permanent non-exclusive easement and right-of-way to construct, operate, control, maintain, reconstruct, change the size of, repair and remove a pipeline or appurtenances to be used for the transmission of sewage along, under, through and across the Grantor land in HAMILTON County, State of Indiana, which easement is more particularly described as follows, to -wit: SEE ATTACHED EXHIBIT A Grantor shall not convey any further interest in said easement or right of way except to other public utilities for utility purposes. Grantee will level the ground and reseed any areas that might be disturbed as a result of the construction of the sewer line or appurtenances, or as a result of any maintenance repairs that may be made to said sewer line or appurtenances hereafter. It is further agreed that any damage to any private drive, pipe, tile, fences or other property of the Grantor (other than trees, shrubs and ground cover) occasioned by the construction of said sewer line shall be repaired or replaced by the Grantee in as good or better condition as the same presently exists. Grantee shall have the right of ingress and egress over and across the easements granted for purposes described herein. Whenever necessary or convenient, Grantee may haul across the easements granted herein such pipe and other materials as may be needed in the construction or maintenance of its pipeline. Grantor shall have the right to fully use and enjoy the strip of land granted as a permanent easement except for such use as may impair, impede or unreasonably interfere with the exercise by Grantee of the rights granted herein. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over or interfering with the construction, maintenance, or operation of any pipeline or appurtenance constructed pursuant to this instrument. Grantor further agrees that Grantor shall not change the grade of any such pipeline. The grants, covenants and stipulations hereof shall extend to and be binding upon the respective heirs, successors and assigns of the parties. Grantor covenants that Grantor is the owner of and has the right, title and capacity to grant the easement granted herein. Executed this day of 4V K /20f �, by Grantor. Grantor Printed: STATE OF A- ss: COUNTY OF t �ti Before me, g.-Notary Public, in and for said County and State, personally appeared J>_V^ , who acknowledged the execution of the foregoing Non -Exclusive Sanitary Se er Easement, and who, having been duly sworn, stated that any representations contained therein are true. Witness my hand and Notarial Seal this CARMELA EI55 NotaryPublic— Arizona Maricopa County My Comm. Expires Apr 29, 2021 e s day of _ L� , 201r'f 0 SS Notary Public Printed. cc�' y t-' e I a l= i 55 My Commission Expires: \") I '�°j 1Zt I affirm under the penalties for perjury, that I have taken reasonable care to redact each social security number in the document, unless required by law. j�'+�1� DE,6LA&L Name C&-,;,,5 i.�✓ PREPARED BY. � Ab#JIA j)V /,�,�.t EXHIBIT A NON-EXCLUSIVE SANTIARY SEWER EASEMENT LEGAL DESCRIPTION: PART OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 49 MINUTES 00 SECONDS EAST, ALONG THE SOUTH LINE THEREOF, 2002.63 FEET; THENCE NORTH 19 DEGREES 54 MINUTES 03 SECONDS WEST, 612.23 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID SOUTH LINE, 172.19 FEET; THENCE NORTH 19 DEGREES 54 MINUTES 03 SECONDS WEST, 596.36 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID SOUTH LINE, 258.48 FEET; THENCE NORTH 16 DEGREES 50 MINUTES 16 SECONDS WEST, 805.27 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID SOUTH LINE, 355.65 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 15 DEGREES 11 MINUTES 19 SECONDS EAST, 26.03 FEET; THENCE SOUTH 3 DEGREES 13 MINUTES 17 SECONDS WEST, 63.04 FEET; THENCE NORTH 11 DEGREES 19 MINUTES 53 SECONDS WEST, 89.86 FEET, TO A POINT ON THE NORTHERLY LINE OF THE PARENT TRACT OF REAL ESTATE PER INSTRUMENT No. 2016-055540, RECORDED IN THE HAMILTON COUNTY RECORDER'S OFFICE; THENCE SOUTH 89 DEGREES 49 MINUTES 00 SECONDS EAST, PARALLEL WITH SAID SOUTH LINE, 14.38 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION. 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