Water Line Right of Way Addendum - Carmel Clay Schools410
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AGREEMENT FOR AMENDMENT OF
RIGHT -OF -WAY GRANT FOR WATER LINE AND
FOR STANDARD WELL POLLUTION AREA EASEMENT
THIS AGREEMENT made and entered into by and between CARMEL
MULTI SCHOOL BUILDING CORPORATION of Hamilton County, Indiana,
and CARMEL -CLAY SCHOOLS, hereinafter referred to as "Grantors"
and the BOARD OF TRUSTEES OF THE TOWN OF CARMEL, Hamilton County,
Indiana, hereinafter referred to as "Grantees WITNESSETH:
WHEREAS, the Grantors executed a Right -of -Way Grant for
Water Line on the 25th day of April, 1974 in favor of the Grantees,
which said grant was duly recorded as Instrument Number 3266
in Book 273, Pages 385, 386 and 387, in the Office of the Record-
er of Hamilton County, Indiana, and
WHEREAS, the Grantors on the 24th day of May, 1974, executed
an instrument entitled "Addendum to Right -of -Way Grant for Water
Line" which said Addendum was duly recorded on May 29, 1974
as Instrument Number h363 in Book 2711 Page 165 in the
Office of the Recorder of Hamilton County, Indiana, and
WHEREAS, subsequent to the execution and recording of said
documents, it has been determined that through mistake and inad-
vertence, the descriptions in said original documents were erron
eous, and
WHEREAS, the Grantees have, in fact, now installed its
wells and its pipe for the transportation of water on the land
of the Grantors, and
WHEREAS, the parties are desirous of correcting the descrip-
tion so as to correspond to the actual location of said wells
and said pipelines.
NOW, THEREFORE, it is mutually agreed that said original
right -of -way grant for water line and said addendum shall be,
and the same are hereby superceded and replaced by the following
grants, to -wit:
1. Grantors do hereby grant unto Grantees and their succes-
sors in office for a period of ninety -nine (99) years, a right-
of-way to lay, construct, maintain, alter, inspect, repair, re-
This Instrument Recorded 19 "7,x
JUNE M. HEDGES, RECORDER, OMILTODI COUNTY, IND.
Agreement or Amen•ment of Right-
2 8 4 0 0
.of -Way Gz,.___.t for Water Line and for ®150X p
Standard Well Pollution Area Easement Page Two
place, relocate, operate and remove a water pipeline.for the
transportation of water therein under, on and through the premises
owned by the Grantors and hereinafter described, together with
the right to drill two (2) wells on said premises, and the Grantees
are granted the right of ingress and egress to, on, from and
over the following described premises for the purposes aforemen-
tioned in the County of Hamilton, State of Indiana, to -wit:
Part of the East Half of the Southwest Quarter of Section
28, Township 18 North, Range 4 East in Hamilton County,
Indiana, more particularly described as follows:
Beginning at a point on the South line of the East
Half of the Southwest Quarter of Section 28, Township
18 North,, Range 4 East which is 142 feet South 89 degrees
59 minutes 05 seconds East (assumed bearing) of the
Southwest corner of said East Half; thence North 00
degrees 04 minutes 35 seconds West parallel with the
West line of said East Half 1540 feet; thence south
89 degrees 59 minutes 05 seconds East parallel with
the South line of said East Half 99 feet; thence North
00 degrees 04 minutes 35 seconds West parallel with
the West line of said East Half 15 feet; thence South
89 degrees 59 minutes 05 seconds East parallel with
the South line of said East Half 50 feet; thence South
00 degrees 04 minutes 35 seconds East parallel with
the West line of said East Half 50 feet; thence North
89 degrees 59 minutes 05 seconds West parallel with
the South line of said East Half 50 feet; thence North
00 degrees 04 minutes 35 seconds West parallel with
the West line of said East Half 15 feet; thence North
89 degrees 59 minutes 05 seconds West parallel with
the South line of said East Half 79 feet; thence South
00 degrees 04 minutes 35 seconds East parallel with
the West line of said East Half 336.00 feet; thence
North 89 degrees 55 minutes 25 seconds East 8.00 feet;
thence South 00 degrees 04 minutes 35 seconds East
parallel with said West line 8.00 feet; thence South
89 degrees 55 minutes 25 seconds West 8.00 feet; thence
South 00 degrees 04 minutes 35 seconds East parallel
with the West line of said East Half 336.00 feet; thence
South 89 degrees 59 minutes 05 seconds East parallel
with the South line of said East Half 79 feet; thence
North 00 degrees 04 minutes 35 seconds West parallel
with the West line of said East Half 15 feet; thence
South 89 degrees 59 minutes 05 seconds East parallel
with the South line of said East Half 50 feet; thence
South 00 degrees 04 minutes 35 seconds East parallel
with the West line of said East Half 50 feet; thence
North 89 degrees 59 minutes 05 seconds West parallel
with the South line of said East Half 50 feet; thence
North 00 degrees 04 minutes 35 seconds West parallel
with the West line of said East Half 15 feet; thence
North 89 degrees 59 minutes 05 seconds West parallel
with the South line of said East Half 79 feet; thence
South 00 degrees 04 minutes 35 seconds East parallel
with the West line of said East Half 820 feet to the
South line thereof; thence North 89 degrees 50 minutes
05 seconds West on and along aforesaid South line 20
feet to the place of beginning.
Agreement,_;or Amendment of Right
of -Way Grant for Water Line and for
Standard Well Pollution Area Easement Page Three
VMS CYFC 28 9 _PA'aP 4 01
2. Grantors shall not place anything over or so close
to said water pipeline of Grantees' located within said right-
of-way as will be likely to interfere with Grantees' access
thereto by means of equipment customarily employed in the mainten-
ance of said water pipeline. All pipe installed hereunder shall
be buried so as not to interfere with the normal use of said
land by Grantors, and it is mutually agreed as a condition to
this grant that Grantees are to pay for and /or restore any dam-
age which may arise during the period of this grant resulting
from the entry upon said right -of -way by Grantees or anyone
on behalf of Grantees, and it is expressly agreed that no vehicles
will be used to make tracks or other indentations on the surface
thereof unless such use of heavy vehicles is absolutely necessary
and required by Grantees in the maintenance of said water line
or any other facility thereon.
3. It is mutually agreed that in the event it becomes
necessary for Grantees to go upon the right -of -way at any time
after the original installation, that Grantees will notify Grant-
ors, of such need so that the parties may mutually agree upon
an access route which would be the least harmful and the easiest
to restore to normal conditions.
4. Grantors do further grant unto the Grantees an easement
covering all area within two hundred (200) feet in all directions
of the wells heretofore installed on the above described real
estate and such easement shall be designated as a well pollution
area easement.
5. Grantors hereby agree that said well pollution area
easement is to insure the purity of the water from such public
wells by prohibiting the installation of septic tanks, sewage
dispersal systems, and all like sources of contamination and
sewer lines other than those installed in accordance with the
specifications of the Indiana State Board of Health, to be main-
tained within the boundaries of such two hundred (200) foot
area adjoining such public well site.
_A Amendment f R ht
ATTEST:
X4 E X UlAgg, Secretary
Max Moore
greemenL_.�or o Right- Q 2
of -Way Grant for Water Line and for 0Dol 3 9 �Aa�
Standard Well Pollution Area Easement Page Four
6. Under the terms of this easement, the Grantors herein,
their successors or assigns, relinquish all right to maintain
septic tanks, sewage dispersal systems, and all like sources
of contamination, and any sewer lines except as they may be
approved by the Indiana State Board of Health, within the area
granted by this easement.
7. If at any time the damage to Grantors' property is
not mutually agreed upon, such damage shall be ascertained and
determined by three (3) disinterested persons, one to be appoint-
ed by Grantors, one to be appointed by the Grantees, and the
third to be chosen by the two so appointed. The written award
by such three persons shall be final and conclusive.
8. This grant shall be binding upon the successors and
assigns of the parties hereto, and it is further understood
that the execution and delivery of this instrument is by authority
of the duly elected members of the Boards of the undersigned
Carmel Multi School Building Corporation and Carmel -Clay Schools
and the Board of Trustees of the Town of Carmel, acting in their
official capacity as such.
9. It is mutually understood and agreed by the parties
hereto that the consideration for the granting of this easement
and well pollution area easement was paid in full contemporaneously
with the execution and delivery of the original documents hereinabove
referred to.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 15�'L day of ._,(1, 1974.
CARMEL MULTI SCHOOL BUILDING
CORPORA fON
-Agreementor Amendment of Right-
of-Way Grant for Water Line and for so
Standard Well Pollution Area Easement Page Five
ATTEST:
K. L. Sinnock, Secretary
VOs Wstcee0.9,e,cpt&e
11 0 0:05:403ik,D
TEST:
.ow
Clerk -Treasirer
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CARMEL-CLAY SCHOOLS
BY
James T. O'Nea
BOARD OF TRUSTEES OF
THE TOWN OF CARMEL,
HAMILTON COUNTY, INDIANA
Wiliam D. McFadden
Gorge F.
Frederick
OK 289 PAQ--
Stevens
P.
,e4
Sr., President
Hinshaw
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