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HomeMy WebLinkAboutEarlham College - Well Protection Easement WELL PROTECTION EASEMENT 275 31.1. 400E.; BOOK ----PA THIS INDENTURE WITNESSETH THAT Earlham College, here- inafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) paid to Grantor, the receipt of which is hereby acknowledged, does hereby grant and convey unto the City of Carmel of Hamilton County, Indiana, hereinafter called GRANTEE, an easement-to control the protection of a public Water Supply Well over, along and across the follow- ing described real estate in Hamilton County, Indiana, to- wit: A part of the Southwest Quarter of Section 23, Town- ship 18 North, Range 4 East, Hamilton County, Indiana, being more particularly described as follows: Com- mencing at the southwest corner of said Quarter Sec- tion; thence N 0° 25' 18" West 1,338.78 feet along the west line of said Quarter Section to a south- Ll west corner of a tract conveyed to Earlham College W n_ yiip Deed Record 185, page 340; thence North 89° 29' j• -..,G East 376.79 feet along the south line of said `r' &Pact to the point of beginning of this description; c,�Y std point being on a curve to the right, the radius point of which lies South 60° 30' 55" East 200.00 C= =fet from said beginning point; thence Easterly 41C.88 feet along said curve, through a central angle of 120 degrees, to the south line of said Earlham College tract; thence South 89° 29' 05" West 346.41 feet along said south line to the point of beginning o and containing 0.564 acres, more or less. This easement prohibits the construction or maintenance of any sewers, drains, privies, cesspools, septic tanks, or any other potential source of dangerous contamination with- in 200 feet of each well. An exception to this is that the sewers and drains may be constructed no closer than 100 feet from each well if proper materials are used and the said con- struction is permitted by the Indiana State Board of Health. The undersigned persons in executing this Well Protec- tion Easement on and in behalf of the Grantor represent and This Instrument Recorded 1979 MARY L. CLARK, RECORDER, N MILTON COUNTY, IND. Ze, 311 276 BOOK PAGE certify that they are duly elected officers of the Grantor and have been fully enpowered by proper resolution of the Board of Directors of the Grantor, to execute and deliver this Well Protection 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. IN WITNESS WHEREOF, the Grantor has caused this Well Protection Easement to be executed this 79A day of 19�'g Earlham College "KN- I i °4F SUBSCRIBED and sworn to before me, a Notary Public, this d of 19 a 1 f� /JJ tom Notary Public 1 i My Commission Expires: This Instrument Recorded 1979 MARY L. CLARK, RECORDER, H MILTON COUNTY, IND, Jrif 14 27 7 'F N1� Cow 0C BOOK PAGE FRANK M. HAHN ASSOCIATES, INC. Sv✓1'Q CIVIL ENGINEERS LAND SURVEYORS 1717 E. 116th STREET, CARMEL, INDIANA 46032 TELEPHONE:846 -4119 1 Ed,- /ha m Co/ %yam 4 /8 -sa' r0 et) o. s6a,c k 1._-- .376.79' r .3\.4/ 10 /1/ 89°29 as ri s e V t A `a diu 5 C O 1 M M ■1 sw k'4- 23-18-4 Earlham College: Protective easement- A part of the Southwest Quarter of Section 23, Township 18 North, Range 6 East, Hamilton County, Indiana, being more particularly described as follows: Com- mencing at the southwest corner of said Quarter Section; thence N 0° 25' 18" West 1,338.78 feet along the west line of said Quarter Section to a southwest corner of a tract conveyed to Earlham•College in Deed Record 185, page 3110; thence North 89° 29' 05" East 376.79 feet along the south line of said tract to the point of beginning of this description; said point being on curve to the right, the radius point of which lies gcuth 60 30' 55" East 200.00 feet from said beginning point; thence Easterly 1118.88 feet along said curve, through a central angle 120 degrees, to the south line of said Earlham College tract; thence South 89° 29' 05" West 3116.111 feet along said south line to the point of beginning and containing 0.5611 acres, more or less. This Instrument Recorded r _,I 0 197 9 MARY L. CLARK, RECORDER, HA N COUNTY, IND. i 9Arrt.) f >-.2,1- D. 7 if A pr -.1 a EARLHANI COLLEGE It 1( 1 Ii 1OND, INDIANA 47374 e O 00 o' ft.e Business Manner April 4, 1979 Mr. Fred Hohl City Engineer City of Carmel 130 First Avenue, S. W. Carmel, Indiana 46032 Dear Mr. Hohl: Thank you for your patience in the matter of the well easement. Enclosed is the executed document you requested. Be assured that Earlham College will gladly enter into any negotiations in the future which might be necessary to address the need to extend this easement or provide additional easements for such projects. We are happy to do this in a spirit of cooperation and in our role as your neighbor. If we may be of any further assistance, please contact us. With warm personal regards, Jack F. McJun 1 Business Manager JFMcJ is Enc: