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HomeMy WebLinkAboutOld Meridian - St. Vincent (6) F t, 00 ft;, 8615378 i ASSIGNMENT AND TRANSFER OF EASEMENT y' 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 Philip A. Quinet (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 October 25, 1984, and was recorded in. the office of the Recorder of Hamilton County, Indiana, as Instrument No. 85 2754 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 /2!„ day of ,7�2 e y,) 1986. ST. VINCENT HOSPITAL AND HEALTH CARE CENTER, INC. fhis Instrument Recorded 1 93G Mary L. Clark, Recorder, Hamilton County, Ind. By: Bain arris, Pres' dent rn ATTEST: •c Printed q 8. er w Title Se ,,or Vic e �i� e.5% d e 2, I H 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. E 22� 0 1 IN WITNESS WHEREOF, the Assignee has caused this instrument to:be duly executed this f day of _L 1986. CITY OF CARREL, INDIANA B I� 4. '.e A. Reiman, Mayor Y: Billy V' lker, Member, Board f Public tiJorks By: Fred Swift, M_�ber, Board of Publ Works ATTES Dorothy J. H. c;• ck 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 to me known and to me known to be the President respectively, of St. Vincent Hospital and Health Care`9.�nter, 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/ii) day of 1986. Notary Public SEAL n Printed Resident of n Count /llOfLrtxiission Expires: /C 2 (1z C ma l m 2L 7 STATE OF INDIANA 800(. 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. WITNESS my hand and Notarial Seal this day of ■h(Ly 1986. -.17( ,Not.ary Public of j Printed 04 z tr Resident of 72')A-) County. My Co m aAsion Expires: Marilyn L Martin /7 Ha C-7.unty 1\1•:,tary Eq Noy. 4, 1988 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- Via; BOO qv x_2221 5 UGUK ('AG PROJECT St. Vincent PARCEL NO. 011 SS 2754 Page 1 of 3 Pages 53 GRANT OF SEWER EASEMENT THIS INDENTURE made this 25t day of c9 "rEfc 1984 by and between Philip A. Quinet 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 a'nd works for the collection, carriage, treatment and disposal of the ,waste, sewage, garbage, storm water, and refuse of said Grantee, as shall be hereafter 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 West Half of the Northeast Quarter of Section 25, 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 the Northwest corner of the Northeast Quarter of said Section 25 and running North 90 00'00" East (assumed bearing) on and along the North Quarter Section line a distance of 315.35 feet; thence running South and parallel with the West line of said Quarter Section a distance of 440.00 feet; thence running East and parallel with the North Quarter Section line a distance of 713.0 feet to the point of beginning of said centerline. Thence running South 36 00'00" West a distance of 225.00 feet; thence running South 48 34'18" West a distance of 203.72 feet; thence running South 79 13'48" West a distance of 248.68 feet; thence running South 16 52'00" West a distance of 42.2 feet to the South property line of said Parcel, containing 0.33 acre, more or less. 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 whichejer,is earlier, at which time all rights and privileges to the Tediipor Construction Easement shall terminate and all interets-here}.n- granted shall revert to Grantors: A strip of land 30 feet wide and running parallel and _'aAjacent to the East side of the above described Permanent Easenie'Tt, containing 1 0.49 acre, more or less. This Instrument Recorded`-jYLN e 5 1985 Mary L. Clark, Recorder, Hamilton County, Ind. EXHIBIT "A" 229 C BOOK 1 PAGE 5 65 PROJECT St. Vincent PARCEL NO. 011 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 j'!/ 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. 411 11111 ALL (Seal) (Seal) ign ature (Signature) (Printed Name) Trinted Name) (Seal) (Seal) (Signature) (Signature) li (Printed Name) (Printed Name) .1 .4; BOO 4- ACE.,..,.a BOOK PAGE PROJECT St. Vincent PARCEL NO. 011 Page 3 of 3 Pages State of Indiana County of Hamilton On this 2St day of d 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 day of cf 19 84 otary Public This Instrument Recorded 986 y ccorder, Hamilton County, Ind. �r Printed Name E SEAL Resident of /i /�jyr'iov' County, -p �bmmission Expires L p AA/ This instrument prepared by L. Richard Gohman, HALL, RENDER, KILLIAN, .HEAT4 LYMAN, 3921 N. Meridian, Suite 200, Indianapolis, IN 46208 This Instrument RecordedHr\N6 Q 1v\ 5 1985 Mary L. Clark, Recorder, Hamilton County, Ind.