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HomeMy WebLinkAboutNon-Exclusive Sanitary Sewer Easement2023030593 EASE $25.00 08/10/2023 11:39:59AM 4 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111II IN AMM Cross-reference: 2018-34435 NOW EXCLUSIVE SANITARY SEWER EASEMENT THIS INDENTURE WITNESSETH that: SCB Home Office, LLC, of Hamilton 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 EXHIBITS "Al" and "A2" 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 a day of tl 202Jby Grantor. fl Home Office, LLC by Steven C. Bodner, Owner and President STATE OF INDIANA) COUNTY OF hAli-I �SS: �L��fy�rgrne t b' , in and for said County and State, personally appeared who acknowledged the execution of the foregoing Non - Exclusive Sanitary Sewer Easement, and who, having been duly sworn, stated that any representations contained therein are true. 0 Witness my hand and Notarial Seal this day of �VL 2090 J flq�t� Notary Public's Signature v a� sRENDA S. WAGONER Printed: My Commissar Expves May 1, 2030 Conynission Number NP0740902 My Commission Expires: 'FPFwo M01c01nty 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. Kevin G. Buchheit This instrument prepared by: Anne Hensley Poindexter, ALTMAN, POINDEXTER & WYATT, LLC 90 Executive Drive, Suite G, Carmel, Indiana 46032, (317) 350-1000, fax (844) 840-3461. EXHIBIT "Al" LEGAL DESCRIPTION Part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 2, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana described as follows: Commencing at the Northwest Corner of the Northeast Quarter of Section 2, Township 17 North , Range 3 East; thence North 89 degrees 35 minutes 18 seconds East (assumed bearing) on the North line of said Northeast Quarter 94.82 feet to the Southwest corner of the Southeast Quarter of Section 35, Township 18 North , Range 3 East; thence North 89 degrees 49 minutes 34 seconds East on the North line of said Northeast Quarter 577.84 feet to the Northeast corner of the West Half of the Northwest Quarter of said Northeast Quarter; thence South 01 degree 17 minutes 33 seconds West on the East line of the West Half of the Northwest Quarter of said Northeast Quarter 709.66 feet; thence South 89 degrees 49 minutes 34 seconds West parallel with the North line of said Northeast Quarter 370.35 feet to the point of beginning; thence North 00 degrees 15 minutes 06 seconds East 108.02 feet; thence North 89 degrees 23 minutes 59 seconds West 20.00 feet; thence South 00 degrees 15 minutes 06 seconds West 108.29 feet; thence North 89 degrees 49 minutes 34 seconds East 20.00 feet to the Point of Beginning, containing 0.05 acres, more or less. EXH I BIT "A2" PLA' • ROGER GUARD - ENGINEERING INCORPORATED G555 CARROLLTON AVENUE Indianapolis, IN 46220 (3 1 7) 25 1 - 1 738 (Fax) 25 1 - 1 923 PROJECT NAME: PENNWOOD PROFESSIONAL OFFICE PARK PLAN SCALE: I " = 50' DATE: 07-26-2023 DESCRIPTION: UTILITY EASEMENT EXHIBIT "A2"