Water Line Right of Way - Carmel Clay SchoolsRIGHT -OF -WAY GRANT
FOR 1.IATER LINE
3266
1 d JJ
BQ°K- 2 -0AGE 2s5
KNO,'1 ALL I'LN BY THESE PRESENTS, that CARTEL -MULTI SCHOOL BUILDING
CORPORATION of HAMILTON COUNTY, INDIANA, and CARMEL -CLAY SCHOOLS, here-
inafter referred to as "Grantors in consideration of One Dollar
($1.00), the receipt of which is hereby acknowledged, do hereby grant
to the BOARD OF TRUSTEES OF THE TOWN OF CARTEL, INDIANA, and their
successors in office, hereinafter referred to as "Grantee for a
period of ninety -nine (99) years, a right -of -way to lay, construct,
maintain, alter, inspect, repair, replace, relocate, operate and remove
a WATER PIPE LINE for the transportation of water therein under, on and
through the premises owned by the Grantors and hereinafter described,
and a right to drill wells, and the Grantee is granted the right of
ingress and egress to, on, from and over the following described
premises for the purposes aforementioned in the County of Hamilton,
in the State of Indiana, to -wit: Ws Instn!Tent R&cerded S 1L 9(
JUNE M. HEE.CES, F.E:CEDEC ,A. MILTON COUNTY,-61d).
Part of the East Half of the Southwest Quarter of iection 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 175 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
50.1feet; thence North 00 degrees 04 minutes 35 seconds West para-
llel 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 155 feet; thence South 00 degrees 04 minutes
35 seconds East parallel with the West line of said East Half
680 feet; thence South 89 degrees 59 minutes 05 seconds East
parallel with the South line of said East Half 155 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 155 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.
2
BOOk- {9i4GE 38 G
Grantors shall not place anything over or so close to said water
pipe line or other facility of Grantee located within said right -of-
way as will be likely to interfere with Grantee's access thereto by
means of equipment customarily employed in the maintenance of said
water pipe line. 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 Grantee is to
pay for and /or restore any damage which may arise during the period
of this grant resulting from the entry upon said right -of -way by
Grantee or anyone on behalf of Grantee 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 abso-
lutely necessary and required by Grantee in the maintenance of said
water line or any other facility thereon.
It is mutually agreed that in the event it becomes necessary for
Grantee to go upon the right -of -way at any time after the original
installation, that Grantee will notify Grantors 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.
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 appointed by Grantors, one to be
appointed by the Grantee, and the third to be chosen by the two so
appointed. The written award by such three persons shall be final
and conclusive.
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 Build-
ing Corporation and Carmel -Clay Schools, acting in their official
capacity as such.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands
and seals this ,1 day of
RECEIVED FOR RECORD
AT IC.' prj O'CLOCK 2 M
APR 2 51974
BOOK PAGE
RECORDER HAMILTON COUNTY. INDIANA'
3
CARPMIEL -MULTI SCHOOL BUILDING CORPORATION
By;
Presiden
Attest;
Secretary
CARMEL CLAY SCHOOLS
By:
President ib_ bt.--0„,-A el
Secretary
T�;ts tR:tt?ament Pxord ^d
BOOK»_ -WAG E- ++•A'"'
1974.
!•:•I:T;)N (YJUNTY, �►?D.
This Instrument prepared by John S. Pearce, Attorney at Law,
Eleventh and Logan Streets, Noblesville, Indiana 46060.
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