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HomeMy WebLinkAboutCarmel/Amer Ag/116th-Gray Rd 'j'tIE BOARD ~'?ORKS OF 'I'UE CITY OF CAI~.IEL, If?DIANA AND A]4ERICAN AGGREGATES CORPORATION THIS AGREEI,~ENT entered into }:his _ ~ Works of the City of Carmel, Corporatio'~ , %gITNESSETH: WBEKEAS, the Board of W6rks 'of the City of Carmel, Indiana is by statute autb0rized to o~erate a public water works system for the service of said City and its environs, and ~]oes in fact operate such wa~er wor}[s and wa~er system, W}~EREAS, it has been determined by said Board of %~orks t~at it is for the best imterest of said service that the said Boa~d of Works acquire real estate in t]~e vicinity of ll6th Street and Gray Road in Hamilton County, Indiana for the purpose of expamding and improving t]~e service of said water works system, and ~ ~<HE}LEAS, said to ma]~e s~ch e>:pa~sion )Dy pt~rchase or by appropriation, and WHEREAS, the Y~erican Aggregates Corporation is the ow~er of land on the east side of Gray Road in Hamilton'County, between ].16th Street and 126th Street and is willing to convey the needed ground to the Board of Public %'[orks of the City of Carmel, 'and ~?NEREAS, said American Aggregates Corporation owns other gxound at the southeast corner of 126th Street and Gray !{o~:d, v,:b~c~ real 'esl[ate Jt 'cont~zmp]ates' that it ~,[Jll plat into day of Board of Public Indiana and American Aggregates Board of Publid Works is fully authorized and.to obtain title to said real estate .ousing sites surrounding a lake a'[' some date in ti. ; future, and .~ WHBREAS, there exists in the City of Carrot,. and under the jurisdiction of the Board of ¥[orks of s~:.,l City, and pursuant to an ordinance of the City of Carmel provides for a water availability charge" which :large is made against the owner of real e.>ta~e upon :3ubmissJ. on of a plat of said real estate for development; NOW, TIlEREFORE, in -onsmdera¢lon of the mut~:wal undertakings of each, the parties agree as follows: 1. American Aggregates Corporation will convey t'o the Board of Public Works of the City of Carmel, .a certain tract of land 1.11 acres in size, the exact description of '~.:hidh ar, d a drawing of which is attached heretO and made a of this 2. agreement. The Board of Public Works of the City of Carmel, upon receipt of a Warranty Deed from American Aggregate's Corporation for said real estate, will accept t]%e same and in consideration thereof will acknowledge prepayment 'the:~ eby by American Aggregates Corporation of gll water availability charges now or hereafter to be attached to 34 adres of grbupd to ]De platted (exclusive of ground dovered by lakes or ponds)- lying adjacent and in close proximity ,to the southeast corner of 126th and Gray Road in Hamilton ~ ~- ~oun~y, Indiana, and will make whatever notations in its records are necessary to insure that upon the platting pf said 34 acres the same will be'considered to be free of further charge for water availability charges, (exclusive of cor~nection charges)-, the same having been prepaid by the execution of Warranty ,Deed as herein provided by American Aggregates Co~:porahion. ~4ERICAN AGGREGATES CORPORATION BOARD OF PUBLIC WORKS O? THE CITY OF CAP~EL, INDIA~NA D]~SC1C[P'.I'ION OF LAND FOR SA!.E TO;gN OF C. dx~')l;]i,, INL3i~,'kNA The following described State of Indiana to .wit: real estate in lIamJ, lton County, in the Being a .part of the Sbuth~{est quarter of Sec'-i ' ,-..on 33, Township Nor,_n Range 4 East, described as 'follo'.~: Beginn'ing a{.a point on the ~est' linc'of Section 33, which line is also the centerlin'e of Gray Road, approximately ~00 'feet north of the Sou~:hwest corner of said Section 33, thence easterly from said tJoin~ of begin.ning and' at zight.angles to the said west line. of said section, 360 feet to a point, thence northerly and p~rallel to the west line of Section 33, 210 feet to a.point, thence westerly ]nd at'right angles' to the last described line, 210 feet to a )o:[et, thence southerly, parallel to the west line of Sec. tion 33, ~ ] distal/ce of 180 feet t0 a point, the~%ee westerly and at right n~gles ~o the hast described line, 150 feet {ia a point on the ,.est line of Section 33, thenoe southeJ:!y, along said v}e~t line, {0 :feet to the point'of ])egineing, containing herein ]_.1! acres )f land more or less and b6ing subject to any and all legal ~ighways, easements.and res~rJ.ction of record. Note: The beginni.ng point used above is approximate, ~eing subject to a subsequent survey to be made of this tract, t is the intention here, 'that the 30 foot frontage along Gray gad as described DereJ_n all lay so61:h of the ]}ridge over Coo! reek.