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HomeMy WebLinkAboutGray - 96th-Sewer American Aggregates wr I ee •R SANITARY SEWER EASEMENT TO Ve THE TOWN OF CARMEL 270 547 BOOK 9712 AGREEMENT, made the 8th day of November 1973, between Ohio American Aggregates Corporation, an 3rrdi-aa 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 acknowledged, 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: Parcel IX. Part of the Southeast Quarter of Section 4, Town- ship 17 North, Range 4 East, Hamilton County, Indiana, de- scribed as follows, to -wit: A strip of land 50 feet of even width north of the South line of said section. Beginning at the Southeast corner of Section 4; thence N 90 °00'00" W a distance on and along the South line of said section 400.00' more or less to the true place of beginning; thence N 90 00'00" W on and along the South line of said section, a distance of 1130.36 feet more or less to the center of River Road containing in said permanent easement 1.30 acres. Deed for tract of land through which easement runs is contain- ed Deed Book 208 page186 Hamilton County, Indiana. Temporary Easement Description A strip of land 50.00 feet of even width North of and adjacent to the north line of the above described permanent easement in the Southeast Quarter of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana, for the purpose of sewer 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 reason of the laying, maintaining, repairing, and operation of said This Instrument Recorded 19_2 3 sewer line. JUNE tit HEDGES, RECORDER HAMILTON COUNTY, MD. 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- ing to its original condition. Grantee further agrees to reimburse the undersigned for any damages occuring to crops caused by any of Grantee's equipment in ITH. PEARCE BARR ATTORNEYS AT LAW crossing over Grantor's property 'to reach the easement. !VENTH LOGAN STREETS 3LESVILLE. INDIANA 46060 317- 773 -4212 i N 1 2 BOOK -____PAGE 7 0 548 PAGE 548 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 theabove 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 Granter 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. ITH, PEARCE x BARR ATTORNEYS AT LAW WENTH LOGAN STREETS BLESVILLE, INDIANA 46060 317- 773 -4212 3 270 549 BOOK PAGE IN WITNESS WHEREOF, the Grantor has caused this easement to be executed the day and year first above written. AMERICAN AGGREGATES CORPORATION By: s� W I. Thieme, Chai -man f BY: ax,/e�, Gv William C. Rhodes, Secretary Subscribed and sworn to before me, a Notary Public, this 8th day of November 1973. Notar Public TWA AVM; ..notizy.PtiMk My Commission Expires: IN RND FOR OAR1E COUNT, f� Blau Winn th,TH 8, fl April 8, 1974 This Instrument Recorded 2,./.1-4)-- .2 z 19 JUNE M. HEDGES„ RECORDER HAMILTON SOOTY, IND. This Instrument prepared by John S. Pearce, Attorney at Law, Eleventh and Logan Streets, Noblesville, Indiana 46060. ITH, PEARCE BARR ATTORNEYS AT LAW iVENTH LOGAN STREETS BLESVILLE, INDIANA 46060 317- 773 -4212