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HomeMy WebLinkAboutUnknown - Safeco, Inc. 0 8625299 BOOK 4 PAGE GRANT OF DRAINAGE AND PUBLIC UTILITY EASEMENT THIS INDENTURE WITNESSETH THAT, for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficien- cy of which are hereby acknowledged, Safco, Inc., "Grantor does hereby GRANT, QUITCLAIM AND CONVEY to the CITY OF CARMEL, INDIANA, its successors, assigns and contractors "Grantee upon all of the terms, provisions and conditions set forth, a nonexclusive drainage and utility right -of -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: Part of the Southeast Quarter of Section 20, Township 18 North, Range 4 East in Hamilton County, Indiana, described as follows: 20.00 feet by parallel lines lying South of and adjacent to a line beginning at the N.W. Corner of the S.E. 1/4 of Section 20, Township 18 North, Range 4 East and continuing East along the North line of said S.E. 1/4 a distance of 650.00 feet to its terminus. Together with a temporary easement for construction purposes, being 50 feet wide on the South side of the o; above described easement. (the "Easement Parcel for the installation, laying, use, re- \3 0 ti pair, replacement, operation, maintenance and renewal of drainage 1 c and public utility mains, lines and necessary appurtenances, together with a right of entry thereto and thereon for the des g cribed purposes. Additionally, Grantor grants to Grantee a c. temporary easement fifty (50) feet in width immediately adjacent and south of the above described parcel, such temporary easement for construction purposes only and which temporary construction a 5,3 easement shall expire upon the completion of installation of the Gcr-• initial drainage and utility construction. m This grant is made by Grantor and accepted by Grantee upon U. the following terms, provisions and conditions: t: J 17 1. Grantor expressly reserves to itself, and its grantees, successors and assigns, and others to whom Grantor may grant rights or easements, the right to use the Easement Parcel for any and all purposes and uses not inconsis- tent with the foregoing grant to Grantee, including without limitation the right to install, use, maintain, repair and replace walls, fences, paving, sidewalks, at curbing, drains, landscaping, driveways, pipes, tiles, sewers, poles, wires, conduits and other utility ser- vices, facilities and equipment in, along, over, across, CO 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 in- stalled by Grantee under the surface of the Easement Parcel pursuant to this Grant of Easement. 2. All installations made by Grantee pursuant to this in- strument shall be located entirely within the Easement Parcel and underground except the construction, instal- lation and maintenance of necessary above ground appur- tenances required to operate such utilities; however, no above ground installations, structures or appurtenances shall be permitted without the further approval of Grantor. 3. Grantee, its successor and assigns, shall be responsible at its cost and expense to maintain and repair any r 0 0 5 BOOK 4 PAGE 96 utility 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 maintenance of the facilities, Grantee shall restore the Easement Parcel (both sub- surface and surface) to as near as possible the condi- tion 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 Grantor in accordance with Grantor's 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 sub surface area disturbed by such installation, repair, replacement, or maintenance and the repair, replacement or restoration of the Easement Parcel (both sub surface and surface) and any improvements or better- ments located thereon as permitted by this agreement. 4. All costs and expenses incurred in connection with or relating to both the initial installation of the any facilities by Grantee and any subsequent use, repair, replacement or maintenance of the same and in connection with or relating to the restoration of the Easement Parcel as required shall be born and paid by Grantee at its sole cost and expense and Grantee shall, and hereby agrees to indemnify and hold Grantor free and harmless of, and defend Grantor against any loss, cost, damage and expense and any claims, demands, actions, causes of actions, judgments, litigation and proceedings of all kinds in connection therewith (including, without limi- tation, personal injury and property damage claims). 5. All of the terms and provisions of this instrument shall be binding upon and shall inure to the benefit of Grant- or and Grantee and their respective grantees, heirs, successors and assigns and shall be and remain covenants running with the Easement Parcel. 6. If any of the terms, provisions, covenants, agreements, conditions, limitations, restrictions, reservations and exceptions contained in this instrument, or the applica- tion thereof to any person or circumstance, shall to any extent be determined by a court of competent jurisdic- tion 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. Grantor certifies that there is no Indiana gross income tax due or payable in connection with this conveyance. IN WITNESS WHEREOF, Grantor has executed this instrument this day of CCTP17 1986. "GRANTOR" SAFCO, INC. By: ../...J C, ,�Xv Richard L. Fisher, President 2 (g) 0 STATE OF INDIANA SS: COUNTY OF hM /C. -TdN. BOOK 4 PAGE S97 Before me, a Notary Public in and for said County and State, personally appeared Richard L. Fisher, President of Safco, Inc., who acknowledged the execution of the foregoing Grant of Drainage and Public Utility Easement. Witnes my hand and Notary Seal °2/�1^ day of 772,c3c J2_ 19 R(o i, c Notary Public CV EA 6 C LID9 c_n, 4 i .:17:.; Printed Name 0 r My Commission Expires: �2 2 �v f /3' My County of Residence: 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 1( 71/ 1986. CARMEL BOARD OF PUBLIC WORKS Jane A. Reiman, Mayor Fred Swif Me er 7 7 51 r 4 1 la lth i Billy Walker, Member ATTEST: This Instrument Recorded !.L..:..€ 19 Xtfil Mary L Clark, Recorder, Hamilton County, Ind. Dorothy J./ ancock Clerk /Treasurer This instrument prepared by E. Davis Coots, Attorney at Law. 3 L