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HomeMy WebLinkAboutOld Meridian - St. Vincent (4) 861.5380 o"Avt a.. ASSIGNMENT AND TRANSFER OF EASEMENT This instrument witnesses that St. Vincent Hospital and Health Care Center, Inc. (hereinafter "the Assignor in consideration of the sum of One Dollar ($1.00) and for other valuable considerations, the receipt of which the Assignor hereby acknowledges, hereby assigns and transfers to the City of Carmel, Indiana, (hereinafter "the Assignee all those easements and other rights that were heretofore acquired by the Assignor from Mary B. Smith (hereinafter "the Grantor and are described in an instrument that is entitled "Grant of Sewer Easement" which was executed by the Grantor under date of September 6, 1984, and was recorded in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 85 2751 on March 5, 1985. A copy of the Grant of Sewer Easement is attached hereto and marked as Exhibit "A" which by this reference thereto is incorporated in and made a part of this instrument. IN WITNESS WHEREOF, the Assignor has executed this instrument on this day of j2,..,„ „7 1986. ST. VINCENT HOSPITAL AND HEALTH t CARE CENTER, INC. 'JC' l�'uJ Mary L. i►ecordar, Ilainiion County, Ind. By: Bain J. •arris, PresWent r C T= ATTEST n 7 1Lj. Printed f'y../ .9. ,9v Ef Title 50,,1 /Cr J G e ACCEPTANCE OF ASSIGNMENT The City of Carmel, Indiana, hereby accepts assignment of the foregoing easement as the Assignee and agrees to perform and abide by all covenants and conditions therein provided to be observed by St. Vincent Hospital and Health Care Center, Inc., the Assignor. IN WITNESS WHEREOF, the Assignee has caused this instrument to be duly executed this /6, day of ,z 1986. CITY OF CARtMEL, INDIANA By: tq e A. Rei .n, Mayor ki of B :illyldalker, Member, Board of Public Works By: /N7 /Qe Fred Swift, t' mber, Board of Pu is Works ATT,T: .07 Ci ti k) Dorothy J. H,ncock, Clerk Treasurer, City of Carmel STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public in and for the State of Indiana, personally appeared Bain J. Farris and 4,t( a. a. to me known and to me known to be the President and f� ..t. AN, c, respectively, of St. Vincent Hospital and Health Care Centr, Inc., who acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said corporation and of themselves, as such officers, for and on behalf of said corporation. WITNESS my hand and Notarial Seal this )day of L /a yLy 1986. 1 Notary Pub is <So e. bro 1 li -u5h 0 SEAL Printed i Resident of ark.., County. Mij/(i mission Expires: /0 g 2 a STATE OF INDIANA B OOS° ---PAG P SS: COUNTY OF HAMILTON Before me, a Notary Public in and for the State of Indiana, personally appeared Jane A. Reiman, Billy Walker, Fred Swift and Dorothy J. Hancock, to me known and to me known to be officers of the City of Carmel who acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the city and of themselves, as such officers, for and on behalf of said city. WIT ESS my hand and Notarial Seal this {1' day of I 1986. i ,ti. C;F] N`tary"� ub1i ^1 di I /,yam' /L 1y4.) /,,/r',' 1 1 2 Printed Resident of Y/c 7I) County. 0 My "Ct mnri'ssion Expires: A Z P'. 1 /1V11 1-tc;rii-:ii.r.::: 1,Lt::Ir si 6 This instrument was prepared by L. Richard Gohman, Hall, Render, Killian, Heath Lyman, P.C., Suite 1100, Box 82064, One American Square, Indianapolis, Indiana 46282. Telephone: (317) 633 -4884. 3 I „„Th, UOOK 5 �`�c) _PAGE PROJECT St. Vincent PARCEL NO. 026 85 2751. Page 1 of 3 Pages GRANT OF SEWER EASEMENT THIS INDENTURE made this 6 day of 5A PrFie 1984 by and between Mary B. Smith of the County of Hamilton State of Indiana, hereinafter called "Grantors and the St. Vincent Hospital and Health Care Center, Inc. hereinafter called "Grantee WITNESSETH: That for and in consideration of the mutual covenants herein set forth and other valuable considerations, the receipt of which is hereby acknowledged, the Grantors for himself, herself, itself, them- selves, his, her, their administrators, successors and assigns, does hereby grant, bargain, sell, convey and warrant unto the Grantee, its Grantees, Successors and Assigns, forever, a perpetual right of way and easement, with the right, priviledges and authority in Grantee, its Grantees, Succesors and Assigns, to enter upon, dig, lay, erect, construct, install, reconstruct, renew, and to operate, maintain, patrol, replace, repair, and continue a sewer line including, but not limited to, main, sub -main, local lateral, outfall, force and inter- ceptor sewer, as a part of the Grantee's system and works for the collection, carriage, treatment and disposal of the waste, sewage, garbage, storm water, and refuse of said Grantee, as shall be here- after located and constructed into, under, upon, over and across the following described real estate and. premises owned by the Grantors and situated in the County of Hamilton State of Indiana, to -wit: PERMANENT SEWER EASEMENT A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, State of Indiana, described as a 20 foot wide strip of land, 10 feet each side of a centerline described as follows: Commencing at a point on the East line of said Section 24, 888.75 feet North 00 00'00" East (assumed bearing) from the Southeast corner thereof. Thence running South 88 42'50" West and parallel with the North property line of this parcel a distance of 708.7 feet to the point of beginning of this description, thence continuing South 88 42'50" West a distance of 380 feet plus or minus to the East right -of -way line of the Monon Railroad, containing 0.17 acres, more or less. Subject to all rights -of -way of record. TEMPORARY CONSTRUCTION EASEMENT The following described Temporary Construction Easement is for initial construction purposes and shall be effective from the date granted until construction of said sewer system is completed and accepted by Grantee or until two (2) years from date whichever is earlier, at which time all rights and privileges to the Temporary Construction Easement shall terminate and all interests herein granted shall revert to Grantors: ,strip of land 30 feet wide and running parallel and adjacent to the r] l'ft, side of the above described Permanent Easement, containing 0.25 ij a- Gres= ore or less. Subject to all rights -of -way of record. 1. This Instrument Recorded C1nl\A3— ern 5 1985 Mary L. Clark, Recover, Hamilton County, Ind, .Ky EXHIBIT "A" 4�.a.24 I_ BOOK 55 PROJECT St. Vincent PARCEL NO. 026 Page 2 of 3 Pages The Grantee, its Grantees, Successors and Assigns shall have the right to enter along, over and upon said easement to repair, relo- cate, service and maintain such sewers, at will, and to make such alterations and improvements in the facilities thereof as may be necessary or useful, and to remove from the extent of the right of way any encroaching trees, buildings, or other obstructions to the free and unobstructed use of such easement, and to build and maintain all necessary intakes, catch basins, and other devices incident to such sewers, and shall have the right of ingress and egress only over adjoining premises and lands when necessary and without doing damage to such adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said easement. Grantee covenants that, in the installation, maintenance or operation of its sewer and appurtenances, under, upon, over and across said tract of land in which perpetual easement is hereby granted, it will restore the area disturbed by its work to as near the original condition as is practicable. Grantors herein covenant for themselves, their Grantees, Successors and Assigns that they will not erect or maintain any building or other structure or obstruction on or over said sewer and appurtenances under said tract of land in which perpetual right of way and easement is hereby granted, except by express permission from the Grantee, in writing, and in accordance with the terms thereof, and which permission when in writing and recorded shall run with the real estate. Grantors hereby covenant that they are the owners in fee simple of said real estate, are lawfully seized thereof and have a good right to grant and convey the foregoing easements therein; that they guarantee the quiet possession thereof, that said real estate is free from any and all encumbrances except the following: 1. Current Taxes 2. 3. and that Grantors will warrant and defend Grantee's title to said easement against all lawful claims. IN WITNESS WHEREOF, the Grantors have hereunto set their respec- tive hands and seals the day and year first written above. 777 v (Seal) (Seal) S gnat re Signature) T /ICIA a _S T/ Printed Name (Printed Name) (Seal) (Seal) (Signature) Signatur (Printed Name) Prince Name 3 14 BO 'P GE_......�.� 55 PAGE PROJECT St. Vincent PARCEL NO. 026 Page 3 of 3 Pages State of Indiana This lnstrument Recorded County of Hamilton ?^-•Carder, I Iamilton County, Ind. On this day of .1E 19 84 before the undersigned, a Notary Public in and for said County and State, personally appeared the Grantors herein, who acknowledged the execution of the above and foregoing conveyance to be (his) (her) (their) voluntary act and deed. WITNESS my hand and Notarial Seal this GY day of 5E°YEw1$t,' 19 84 ck No t aky Public Printed Name Resident of County, .7 NCO'$ ,v /a My Commission Expires /YDc). 9 r /9g This instrument prepared by L. Richard Gohman HALL, RENDER, KILLIAN, HEATH LYMAN, 3921 N. Meridian, Suite 200, Indianapolis, IN 46208 This Instrument Recorded i S 1985 May L. Clark, Recorder, Hamilton County, Ind.