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Gray - Water Line - Lumber Mart IncSMITH. PEARCE BARR ATTORNEYS AT LAW ELEVENTH LOGAN STREETS NOBLESVILLE, INDIANA 46060 317.773 -4212 RIGHT -OF -WAY GRANT FOR WATER LINE 141 BOOK----PA 498 1557 KNOW ALL MEN BY THESE PRESENTS, that LUMBER MART, INC., a corporation organized and existing under the laws of the State of Indiana, hereinafter referred to as "Grantor in considera- tion of One Dollar (1.00), the receipt of which is hereby ac- knowledged, does hereby grant to the BOARD OF TRUSTEES OF THE TOWN OF CARMEL, INDIANA, and their successors in office, herein after 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 Grantor and hereinafter described, and the Grantee is granted the right of ingress and egress to, on, from and over the following described premises for the purpose afore- mentioned in the County of Hamilton, in the State of Indiana, to -wit: Part of the Northeast Quarter of Section 32, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Northeast corner of the Northeast Quarter of Section 32, Township 18 North, Range 4 East; thence West on and along the North line o! said Northeast Quarter 600 feet; thence South parallel with the East line thereof 40 feet; thence East parallel with the North line thereof 600 feet to the East line thereof; thence North on and along said East line 40 feet to the place of beginning. Grantor 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 mainten- ance 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 Grantor and it is mutually agreed as a condition to this grant that Grantee is to pay for and /or restore any damage which may TAIs Instrument RetortittdISIZZ JUNE M. HEM ES, RECORDER HAMILTON COUNTY, I9tD. MTH, PEARCE 6c BARR ATTORNEYS AT LAW .EVENTH a LOGAN STREETS 7BLESVILLE, INDIANA 46060 317- 773 -4212 2 This Instrument R I92./By: JUNE M. HEDrES, RECORDER HAMILTON COUNTY, IND. 141 499 BOOK P arise during the period of this grant resulting from the entry up- on 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 track a'other indentations on the surface thereof unless such use of heavy vehicles is absolutely 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 G rantee to go upon the right -of -way at any time after the ori- ginal installation, that Grantee will notify Grantor 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 Grantor's property is not mutual ly agreed upon, such damage shall be ascertained and determined by three (3) disinterested persons, one to be appointed by Grantor, one to be appointed by Grantee, and the third to be chosen by the two so appointed. The written award by such three persons shall be final and conclusive. The undersigned persons executing this Right -Of -Way Grant For Water Line on behalf of Grantor represent and certify that they are duly elected officers of Grantor and have been fully empowered by proper resolution of the Board of Directors of Grantor to ex- ecute and deliver this Right -Of -Way Grant; that Grantor has full corporate capacity to execute Right -Of -Way Grant as to the Real Estate described herein; and that all necessary corporate action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seals on this f -7- day of 7',_. 1974. LUMBER ;MART INC r /2/ This Instrument prepared by John S. Pearce, Attorney At Law, Eleventh and Logan Streets, Noblesville, Indiana 46060.