131st at Hazel Dell - Northview Christian Church 1988GRANT OF 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, Northview Christian Life
Church ,Inc. , ("Grantor") does hereby GRANT, QUIT-
CLAIM 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 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 on "Exhibit A" attached hereto and in-
corporated by reference (the "Easement Parcel") for the installa-
tion, laying, use, repair, replacement, operation, maintenance
and renewal of sanitary sewer mains, lines and necessary appurte-
nances as part of the Grantee's municipal sanitary sewage dispos-
al system, together with a right of entry thereto and thereon for
the following purposes. Additionally, Grantor grants to Grantee
a temporary easement twenty (20) feet in width immediately adja-
cent to the above-described parcel, such temporary easement for
construction purposes only and which temporary construction ease-
ment shall expire upon the completion of installation of the
sewage line and its appurtenances.
This grant is made by Grantor and accepted by Grantee upon
the following terms, provisions and conditions:
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,
curbing, drains, landscaping, driveways, pipes, tiles,
sewers, poles, wires, conduits and other utility ser-
vices, 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 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 underground and no
above ground installations, structures or appurtenances
shall be permitted (other than manhole covers which are
level with the existing grade of the Easement Parcel),
without the further approval of Grantor.
3. Grantee shall be responsible at its cost and expense to
maintain and repair any sanitary sewage disposal facili-
ties installed in the Easement Parcel. Immediately
after the initial instailacion 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 9th day of April , 1986.
"GRANTOR"
Northview Chr'st'an Life Church, Inc.
JIll -President
2
-Sac.-Treasurer
A
STATE OF INDIANA
) SS:
COUNTY OF Hamilton
Before me, a Notary Public in and for said County and State,
personally appeared Thomas Paino III and Don Robinson
who acknowledged the execution of the foregoing Grant of Ease-
ment.
witness my hand and Notary Seal 9th day of
April , 19
My Commission Expires:
//— /5 - fl
My County of Residence:
ix-ann
Robert J. Fink
Printed Name
This instrument was prepared by E. Davis Coots, attorney at law.
Exhibit "A"
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g`s.A Peet of the Seutbeest (hurter of section Twenty-eight (28), Town.MP.Eightsen (18) North, Range
Row (4) Tact, described a. follows Beginning ab the Portk.a Cerner of the seutheost Quarter (1/4) of See
tion Twenty-eight (28), Township Eighteen (18) North, Pang. four (4) r..t, rnnntng thence South on the Best
line of paid (Lazier Section Nineteen P,mdred sad two (1902.0) feet, Wane. Pest Eighteen hundred fifty-nine
end moven tenth. (1859.7) feet, thence North Nineteen hundred and ten (1910.0) feet to Ne Porth line of said
Porter Section, tWnce East on the North line of •.1d Quarter Section Eighteen Hundred seventy-two and eight
tenths (1172.8) feet to the Placa of beginning, containing righty -one and slab -six hundredth. (81.66) scree
pore ar lope;
SANITARY SEWER EASEMENT
20' by parallel lines across the entire East side of the above
described tract.
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