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HomeMy WebLinkAboutGray - 96th/106th-American Aggregates 3 SANITARY SEWER EASEMENT TO c o" THE TOWN OF CARMEL 9704 B OO K PAG 52 AGREEMENT, made the 8th day of November 1973, between Ohio American AggregatesCorporation, an Iii -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 property being described as follows: This Instrument Record d 73 iuNE ru HEO'j.3. RECORDER ?4 w' my eru 'ry 'W;o Part of the South one half of Section 33, Township 18 North, Range 4 East, Hamilton County, Indiana, described as follows, to wit: Parcel I. A strip of land 50.00 feet of even width East of the following described line. Beginning at the Southwest corner of said section, thence North along the West line of said section a distance of 828.00 feet more or less, said tract contains 0.95 acres more or less. Deed for tract of land through which easement runs is con- tained in Deed Book 200, Page 159 Hamilton County, Indiana. Temporary Easement Description A strip of land 50.00 feet of even width East of and adjacent to the East line of the above described permanent easement in the Southwest Quarter of Section 33, Township 18 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 crossing over Grantor's property to reach the easement. SMITH, PEARCE BARR ATTORNEYS AT LAW ELEVENTH LOGAN STREETS NOBLESVILLE, INDIANA 46060 317- 773 -4212 2 y BOOK AG a 524 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 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 BARR ATTORNEYS AT LAW iVENTH LOGAN STREETS BLESVILLE. INDIANA 46060 317 773 -4212 3 b PAGE 52a, IN WITNESS WHEREOF, the Grantor has caused this easement to be executed the day and year first above written. AMERICAN AGGREGATES CORPORATION By: W. I. Thieme, j Chairman v e By i L e i✓� William C. Rhodes, Secretary Subscribed and sworn to before me, a Notary Public, this 8th day of November 1973. Notary Public �LKD .ft AMU, $r's1i y ki!ic My Commission Expires: Its MD FOR ttAtdE COWIIY, Old :a' My CemEthiSk Win OM 8,1914 April 8, 1974 This Instrument Recorded �G�"Lr 2 7 1913 JUNE M. HEDGES, RECORDER HAMILTON WAD. IND. This Instrument prepared by John S. Pearce, Attorney at Law, Eleventh and Logan Streets, Noblesville, Indiana 46060. RECEIVED FOR RECORD AT5,`p p O'CLOCK M NOV 271973 BOOK PAGE -2 RECORDER HAMILTON COUNTY, INDIANA SMITH, PEARCE BARR ATTORNEYS AT LAW ELEVENTH LOGAN STREETS NOBLESVILLE, INDIANA 46060 317.773 -4212