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Home My WebLink AboutSmokey Hollow - Hull, Margaret/Brennan, Joan :4 j 1 `i''d I Orr 27 C/ 12 2 PSI 1 GRANT OF EASEMENT 8623623 BOOK PAGE 545 REcediii it ti4iLf ,Pi CO- IN. 1, THIS INDENTURE WITNESSETH THAT, for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mar- garet L. Hull and Joan D. Brennan "Grantors do hereby GRANT, QUITCLAIM AND CON i. VEY to the CITY OF CARMEL, INDIANA, its successors, assigns and contractors ("Gran li: tee upon all of the terms, provisions and conditions set forth, a non exclusive right -of- 1. way and easement on, along, in, through and under the real estate in Hamilton County, Clay Township, State of Indiana, which is more particularly described as follows: A strip of ground twenty feet in width by parallel lines located in 41 the Southeast Quarter of Section 19, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more y particularly described as follows: Commencing at the houtheast corner of the Southeast Quarter of Section 19, Township 18 North, Range 4 East; thence North 89 degrees 54 minutes 31 seconds West (assumed bearing) on the south line of said Southeast Quarter 2163.63 feet to the Westerly Right -of -Way line of State Road 431 (Keystone Avenue) as granted to the State of Indiana per Right -of -Way Grant for Project S- 165(14) dated 1960; thence North 00 degrees 05 minutes 29 se- 1 conds East on said right -of -way line 16.50 feet to the place of 1 beginning of the within described real estate; thence North 89 degrees 54 minutes 31 seconds West parallel with said South line 266.37 feet; thence North 00 degrees 05 minutes 29 seconds East w 4- 20.00 feet; thence South 89 degrees 54 minutes 31 seconds East parallel with said South line 331.09 feet to the aforesaid Westerly r N right -of -Way line; thence South 74 degrees 23 minutes 35 seconds c'2 g West on said Right -of -Way line 67.23 feet to a point which is 1.81 3 feet North 00 degrees 05 minutes 29 seconds East of the place of beginning; thence South 00 degrees 05 minutes 29 seconds West on co =h said Right -of -Way line 1.81 feet to the place of beginning. o c a o (the "Easement Parcel for installation, laying, use, repair, replacement, operation, main tenance and renewal of sanitary sewer mains, lines and manholes as part of the Grantee's v municipal sanitary sewage disposal system, together with a right of entry thereto and thereon for the purposes recited herein. By the grant of this Easement, it is intended that f the sewer line to be constructed on the Easement Parcel shall be available for development co kv of real estate within the total area. Additionally, Grantors grant to Grantee a temporary easement twenty (20) feet in width immediately adjacent to the above described parcel, which temporary easement shall be for construction purposes only and which temporary construction easement shall expire upon the completion of installation of the sewage line ao and its appurtenances. This grant is made by Grantors and accepted by Grantee upon the following terms, provisions and conditions: 1. Grantors expressly reserve to themselves, and their grantees, successors and assigns, and others to whom Grantors may grant rights or easements, the right of ownership, occupancy and use of the Easement Parcel insofar as such Y ownership, occupancy and use is not inconsistent with the foregoing grant to Grantee, including, without limitation, the right to install, use, maintain, repair and replace walls, fences, paving, sidewalks, curbing, drains, landscap- "j ing, driveways, pipes, tiles, sewers, poles, wires, conduits, and other utility services, facilities and equipment in, along, over, across, through or under the Easement Parcel, provided that no permanent buildings will be located on or over said Grantee's facilities as the same are or have been installed by Grantee under the surface of the Easement Parcel pursuant to this Grant of 1 Easement. If 2. All installations made by Grantee pursuant to this instrument shall be lo- cated entirely underground and no above ground installations, structures or ;1 appurtenances shall be permitted (other than manhole covers which are level •a uQ ,\Z„. t t il I. t with the existing grade of the Easement Parcel), without the further appro- val of Grantors. 3. Grantee shall be responsible at its cost and expense to maintain and repair any sanitary sewage disposal facilities installed in the Easement Parcel. Immediately after the initial installation of any facilities in and under the Easement Parcel, and immediately after any repair, replacement or main- tenance of the facilities, Grantee shall restore the Easement Parcel (both subsurface and surface) to as near as possible the condition the Easement Parcel was in immediately prior to such installation, repair, replacement or maintenance, whether such condition is as now existing or as the same may be improved by Grantors in accordance with Grantors' rights reserved by this agreement; by way of example of the foregoing, but not in limitation of the generality thereof, such restoration of the Easement Parcel shall be deemed to include the proper filling and compaction of the subsurface area disturbed by such installation, repair, replacement, or maintenance and the repair, replacement or restoration of the Easement Parcel (both subsurface and surface) and any improvements or betterments located thereon as permitted by this agreement. 4. All costs and expenses incurred in connection with or relating to both the initial installation of any facilities by Grantee and any subsequent use, re- pair, replacement or maintenance of the same and in connection with or relating to the restoration of the Easement Parcel as required shall be borne and paid by Grantee at its sole cost and expense, and Grantee shall, and hereby agrees to, indemnify and hold Grantors free and harmless of, and defend Grantors against, any loss, cost, damage and expense, and any claims, demands, actions, causes of action, judgments, litigation, and proceedings of all kinds in connection therewith (including, without limitation, personal injury and property damage claims). 5. Grantors shall have the right to relocate this Easement and any sanitary sewage facilities at their sole cost and expense, PROVIDED THAT Grantors shall grant, or cause to be granted, to Grantee easements or rights for the relocated easement and sewer facilities similar in nature and scope to the easement herein granted, and PROVIDED THAT the easement and sewer facilities, as relocated, shall be reasonably comparable in all material re- spects to the original easement and sewer facilities. 6. In the event that Grantee shall abandon the rights granted to it under this Easement, the right, title and interest hereunder granted to Grantee shall cease and terminate, and Grantors shall hold the Easement Parcel, as the same may then be, free from the rights of Grantee so abandoned, and shall own all of the sanitary sewage facilities of Grantee so abandoned. Failure to use the Easement and sanitary sewage facilities for a period of five years or more shall constitute evidence of abandonment. 7. All of the terms and provisions of this instrument shall be binding upon and shall inure to the benefit of Grantors and Grantee and their respective gran- tees, heirs, successors and assigns, and shall be and remain covenants running with the Easement ParceL 8. If any of the terms, provisions, covenants, agreements, conditions, limita- tions, restrictions, reservations and exceptions contained in this instrument, or the application thereof to any person or circumstance, shall to any extent be determined by a court of competent jurisdiction of final appeal to be invalid or unenforceable, the remainder thereof, or the application thereof to persons or circumstances other than those as to which it is so determined to be invalid or unenforceable, shall not be affected thereby, and each term, provision, covenant, agreement, condition, limitation, restriction, reserva- tion and exception contained in this instrument shall be valid and enforceable to the fullest extent permitted by law. -2- COPY Grantors certify that there is no Indiana gross income tax due or payable in con- nection with this conveyance. IN WITNESS WHEREOF, Grantors have executed this instrument this a7.day of �-loyct 1986. GRANTORS: J v`"`tif I argar L. Hull Jog D. Brennan 7 STATE OF INDIANA ss. COUNTY OF c. -y,,.-,1 rte, Before me, a Notary Public in and for said County and State, personally appeared Margaret Hull, who acknowledged the execution of the foregoing Grant of Easement. Witness my hand and Notary Seal this l2 day of ,c� c-t 1986. otary Pubic 7h/9-lei/vial J /U e Gc rn R n Printed Nme My Commission Expires: &i9 /9t9 My County of Residence is• STATE OF COLORADO ss. CITY AND COUNTY OF DENVER Before me, a Notary Public in and for said County and State, personally appeared Joan D. Brennan, who acknowledged the execution of the foregoing Grant of Easement. Witness my hand and Notary Seal this -27f day of A_ u 5+ 1 986. Notar Public Printred Name My Commission Expires: 41y Ca iOn Expires Aug S, 1990 n s My County of Residence is: Dihve, r Z 7 cm Q7 -3- kit The City of Carmel, by its Board of Public Works and pur- suant to I.C. 36 -4 -9 -5 accepts the foregoing easement dedication according to its terms. Dated this day of 1986. J; Reiman e-N2 Fred Swift Billy Walker J AT ST: Dorothy J. *cock Clerk /Treasurer