Loading...
HomeMy WebLinkAboutGray - 106th-Sewer-American Aggregates 1� SANITARY SEWER EASEMENT TO THE TOWN OF CARMEL 270 538 t9OOK PAGE 9709 AGREEMENT, made the 8 th day of November 1973 between Ohio American AggregatesCorporation, an Itana 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: Part of the East one -half of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana described as follows, to -wit: Parcel VI. A tract of land 50.00 feet of even width West of the following described line. Commencing at a point 1038.25 feet more or less South of the North line of said Section and 211.2 feet more or less West of the East line of said Section thence South 870.65 feet more or less, said tract contains 1.00 acres more or less. Deed for tract of land through which easement runs is con- tained in Deed Book 186, page 80, 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 Northeast Quarter 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 t• the.Grantor any damage which may result to its property by reason of the lying, maintaining, repairing, and operation of said sewer line. This Instrument Recorded 19�� JUNE M. HEDGES, RECORDER PiAb91 M 801ifin, lG1D. 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 SMITH, PEARCE BARR amages occurring to crops caused by any of Grantee's equipment in ATTORNEYS AT LAW ELEVENTH x LOGAN STREETS rossing over Grantor's property to reach the easement. OBLESVILLE. INDIANA 46060 317 773 -4212 iE ,!s MIL 2 BOOK_,AG 533 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 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 f the proper resolution of the/Board of Directors o 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 LOGAN STREETS NOBLESVILLE, INDIANA 46060 317 773 -4212 lo 14 3 BOO PAGE 540 IN WITNESS WHEREOF, the Grantor has caused this easement to be executed the day and year first above written. AMERICAN AGGREGATES CORPORATION B ;t i e W I. Thieme, Cha-&rman By L��, �.y r� William C. Rhodes, Secretary Subscribed and sworn to before me, a Notary Public, this 8th day of November 1973. Notary Public TWA IL AIM notsry Public My Commission. Expires: IN AND FOR OWE CODUTY, OHIO gy topatb4o* Erstl 6.1974 April 8, 1974 This Instrument Recorded 7/( 1 1/4- 7/ 1920 JUNE M. HEDGES, RECORDER HAMILTON WW1TY, IND. This Instrument prepared by John S. Pearce, Attorney at Law, Eleventh and Logan Streets, Noblesville, Indiana 46060. SMITH, PEARCE BARR ATTORNEYS AT LAW ELEVENTH LOGAN STREETS NOBLESVILLE, INDIANA 46060 317- 773 -4212 b