HomeMy WebLinkAboutGray - Sewer-American Aggregates SANITARY SEWER EASEMENT TO
THE TOWN CARMEL cy 541
BOOK. 2 g a PAGE
AGREEMENT, made the 8th day of November 1973 between
Ohio
American AggregatesCorporation, an Irtda Corporation, hereinafter
called "Grantor and the Town of Carmel, County of Hamilton, State
of Indiana, hereinafter called "Grantee
WITNESSETH, that Grantor, for and in consideration of the sum
of One Dollar ($1.00) and other valuable consideration, the receipt
of which is hereby acknowledge, does hereby grant, quitclaim and
convey unto the Grantee an easement and right -of -way to construct
and maintain a sewer line under and through its property, said
property being described as follows:
Part of the East one -half of Section 4, Township 17 North,
Range 4 East, Hamilton County, Indiana described as follows,
to -wit:
Parcel VII. A strip of land 25.00 feet of even width on each
side of the following described centerline. Beginning at a
point which is 441.12 feet more or less West of the Southeast
corner of said Section thence N 26 °42'31" E a distance of
89.56 feet more or less, thence N 45 0 00'07" E a distance of
529.91 feet more or less, thence N 0 °08'47" W a distance of
2133.77 feet more or less, thence N',60 0 45'47" W a distance
of 242.38 feet more or less thence N 0 0 08'47" W a distance
of 457.0 feet more or less, said tract contains 3.96 acres
more or less. South line of said Section assumed East and
West.
Deed for tract of land through which easement runs is contain
ed in Deed Book 186 Pages 80 and 81 and Deed Book 208, Page
186, Hamilton County, Indiana
Temporary Easement Description
A strip of land 50.00 feet of even width West of and adjacent
to the West line of the above described permanent easement in
the East one -half of Section 4 Township 17 North, Range 4
East, Hamilton County, Indiana for the purpose of sewer line
construction.
In consideration of said right, the Grantee agrees to lay said
sewer line at the sufficient depth not to interfere with the Grant-
or's use and enjoyment of said property; and further agrees to pay
to the Grantor any damage which may result to its property by rea-
son of the laying, maintaining, repairing and operation of said
This Instrument Recorded fti 2
sewer line. JUNE M. HEDGES, RECORDER HAMILTON W Htl TY, A
Grantee further agrees to maintain necessary fencing during
construction and to protect all livestock at all times.
Grantee further agrees to restore ground surface and all fenc-
UTH, PEARCE BARR
ATTORNEYS AT LAW
EVENTH a LOGAN STREETS ing to its original condition.
BLESVILLE, INDIANA 46060
317 773 -4212 Grantee further agrees to reimburse the undersigned for any
2
9OOK �FIAGE 54
Said permanent easement is to be used by Grantee for the
installation and maintenance of a sanitary sewer transmission line.
No permanent structure shall be erected on said strip, subsequent
owners shall take their title subject to the rights of Grantee for
ingress and egress in, on, along and across the above described
easement and Grantee will hold harmless the owners of said land
against any and all claims for injury to person or property result-
ing from or claimed to have resulted from the presence of any
employee or agent of Grantee while said persons are within said
easement and on official business for Grantee.
The Grantor agrees that its quarrying operations will be kept
a sufficient distance away from the actual sewer line of the Grante:
so that the vibration, measured at the sewer line itself, will not,
at any time, exceed two inches per second of particle velocity,
such figure presently being the standard given by public authoritie-
as safe under such circumstances.
This easement is a permanent encumbrance on that real property
described hereinabove and shall run with said described real
property.
The undersigned persons in executing this easement on and in
behalf of the Grantor represent and certify that they are duly
elected officers of the Grantor and have been fully empowered by
Executive Committee of the
proper resolution of the/Board of Directors of the Grantor, to
execute and deliver this easement; the Grantor has full corporate
capacity to convey the real estate described herein; and that all
necessary corporate action for the making of such conveyance has
been taken and done.
SMITH,PEARCE BARR
ATTORNEYS AT LAW
ELEVENTH 4c LOGAN STREETS
VOBLESVILLE, INDIANA 46060
317 773 -4212
BOOK AGE a, t.1
IN WITNESS WHEREOF, the Grantor has caused this easement to be
executed the day and year first above written.
AMERICAN AGGREGATES CORPORATION
By: 1�y7��:
W. I. Thieme, Ch irman
BY: I /l.-rLZc.:... i CU T -Y-
William C. Rhodes, Secretary
Subscribed and sworn to before me, a Notary Public, this 8th
day of November 1973.
Notary Public
IR A f ACTAI iotorq Pufic
My Commission Expires: IN AND FOR RAHE•(NUTT,`•Dl!
ay ado® Ea a i" ANN B, "li
April 8, 1974
This Instrument Recorded 7/A-(/` K 7, 19 _7.3
/UNE M. HEDGES, RECORDER HAMILTON WOUND, IND.
This Instrument prepared by John S. Pearce, Attorney at Law,
Eleventh and Logan Streets, Noblesville, Indiana 46060.
:ITH, PEARCE BARR
ATTORNEYS AT LAW
3VENTH LOGAN STREETS
BLESVILLE. INDIANA 46060
317 773-4212