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SEWER EASEMENT kr''
This indenture, witness that: AMERICAN AGGREGATES CORP., a
Delaware
.K xlo Corporation duly authorized to transact business in the
State of Indiana, (hereinafter called "Grantor for and in
consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant, sell and convey to the City of
Carmel in Hamilton County, Indiana, a municipal Corporation duly
organized and existing under the laws of the State of Indiana
(hereinafter called "Grantee a permanent easement and right of
way to construct, operate, control, maintain, reconstruct, change
the size of, repair and remove a pipeline to be used for the
transmission of sewage along, under, through and across the
Grantor's land in Hamilton County, State of Indiana, which
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easement is more particularly described as follows, to-w#: 1
PERMANENT SEWER LINE EASEMENT 7 j c)
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An easement for sanitary sewer purposes in part of tliC
Northeast Quarter of the Northeast Quarter of Sectiodr8 �rnv
Township 17 North, Range 4 East in Hamilton County, 72.
Indiana, described as follows: x
Beginning at the Northwest corner of the Northeast Quarter
of the Northeast Quarter of Section 8, Township 17 North,
Range 4 East in Hamilton County, Indiana, said corner being
the Northeast corner of BLUE CREEK WOODS ESTATES, the plat
of which is recorded in Plat Book 8, Page 74 in the Office
of the Recorder of Hamilton County, Indiana; thence South 00
degrees 20 minutes 00 seconds East (South 00 degrees 19
minutes 49 seconds East plat) on the East line of said
BLUE CREEK WOODS ESTATES a distance of 90.00 feet; thence
North 56 degrees 12 minutes 27 seconds East 161.81 feet to a
point on the North line of said Quarter Quarter Section,
being located South 90 degrees 00 minutes 00 seconds East
135.00 feet from the Northeast corner thereof; thence North
90 degrees 00 minutes 00 seconds West on said North line
135.00 feet to the point of beginning.
1I -1 1988
(SEE ATTACHED DRAWING)
Grantee shall have the right of ingress and egress over and
across the easements granted for purposes described herein.
Whenever necessary or convenient, Grantee may haul across the
easements granted herein such pipe and other materials as may be
needed in the construction or maintenance of its pipeline.
Grantor shall have the right to fully use and enjoy the
strip of land granted as a permanent easement except for such use
as may impair, impede or unreasonably interfere with the exercise
by Grantee of the rights granted herein. Grantor shall not
construct or permit to be constructed any house, structure, or
obstruction on or over or interfering with the construction, or
operation of any pipeline or appurtenance constructed pursuant to
this instrument. Grantor further agrees that Grantor shall not
change the grade of any such pipeline. *See Below
The grants, covenants and stipulations hereof shall extend
to and be binding upon the respective heirs, successors and
assigns of the parties.
Grantors covenant and certify that they are the sole owners
of the above described real estate and that they have the right,
title and capacity to grant the easements granted herein.
Executed this day of 1989 by
"Grantor
AMERICAN AGGREGATES CORPORATION
By
William D. y'rewer' President
STATE OF OHIO
SS:
COUNTY OF DARKE
BEFORE ME, a Notary Public in and for said County and State,
personally appeared William D. Brewer President
of AMERICAN AGGREGATES CORP., who acknowledged the execution of
the foregoing Sewer Easement and who, having been duly sworn,
stated that any representations therein contained are true.
WITNESS my hand and Notarial Seal, this C� day of
1989.
In en ioi 1:...
yCoitimo ss ion Expires: r7�
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NOTARYLPUBLIC
-dune 3. 1992 PRINTED:
RESIDING IN Darke COUNTY
*As a part of the consideration for the granting of the within Easement, the Grantee
hereby agrees that it will hereafter, at Grantee's expense and in an expeditious, workmanlike
manner, provide taps to Grantor, its successor and assigns and any lessees at locations
requested from time to time subject to prior approval by the Carmel Board of Public Works and
Safety.
The Grantee shall indemnify and hold harmless the Grantor, its successors and assigns,
any lessees thereof, and all of their agents, employees and /or representatives from and
against all claims, damages, losses, suits and actions, including attorneys' fees, arising or
resulting from any and all installation, construction, operation, maintenance, repair,
renewal, replacement and /or removal hereunder on, over, under and across the premises
hereunder and any damages and losses on contiguous real estate unless caused by the
negligence of Grantor, its successors, assigns, any lessees thereof or their agents,
employees and /or representatives.
This Instrument Prepared By: Stephen K. Andrews, Attorney at
Law, 2506 Willowbrook Parkway, Suite #312, Indianapolis, Indiana
46205, (317) 259 -7751.
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kl) Sharon K. Cherry, Recorder, Haniittn^ ntv IN
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