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HomeMy WebLinkAboutGray - 96th/106th-American Aggregates 2 L.- SANITARY SEWER EASEMENT TO THE TOWN OF CARMEL 0 007 BOOK PAGF 53 AGREEMENT, made the 8th day of November 1973, between Ohio American Aggregates Corporation, an 3rrd-i-ana 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 This Instrument Recordod ,2 19 7.3 property being described as follows: JUNE M. HEDGES, RECORDER HAMILTON COUNTY, Ito. Part of the East one -half of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana described as follows, to wit: Parcel V. A strip of land 50.00 feet of even width South of the following described line. Beginning at the Northwest corner of the Northeast Quarter of said Section thence East along the North line of said Section a distance of 1565.39 feet more or less, said tract contains 1.80 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 South of and adjacent to the South 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 to the Grantor any damage which may result to its property by reason of the laying, maintaining, repairing, and operation of said sewer line. 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 occurring to crops caused by any of Grantee's equipment in {ITH, PEARCE BARR crossing over Grantor's property to reach the easement. ATTORNEYS AT LAW LEVENTI{ LOGAN STREETS OBLESVILLE, INDIANA 46060 317- 773 -4212 r 2 BOOK 270 PAGE 53f Said permanent easement is to be used by Grantee for the in- stallation 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 em- ployee or agent of Grantee while said persons are within said ease- ment 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 propert 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 t he 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 N O 3 ROOK PAGE e,lx IN WITNESS WHEREOF, the Grantor has caused this easement to be executed the day and year first above written. AMERICAN AGGREGATE CORPORATION By: 4 x W. T. Th ieme Chairman By: C� William C. Rhodes, Secretary Subscribed and sworn to before me, a Notary Public, this 8th day of November 1973. Notary Public TMNAM.MMOW, WorrhOU My Commission Expires: IS AHD FOR DAM COURTY, O: t8q fomtrAvana Expires 8,191: April 8, 1974 This Instrument Recordod X913 JUNE M. HEDGES, RECORDER HAMILTON COUNTY, IND. This Instrument prepared by John S. Pearce, Attorney at Law, Eleventh and Logan Streets, Noblesville, Indiana 46060. [ITH. PEARCE BARR ATTORNEYS AT LAW EVENTH LOGAN STREETS BLESVILLE, INDIANA 46060 317 773 -4212