Gray/116th Water Line - Lumber Mart Incret
RIGHT -OF -WAY GRANT
FOR WATER LINE
6744
t30o1Z PAGC uP't
KNOW ALL MEN BY THESE PRESENTS, that LUMBER MART, INC.,
hereinafter referred to as "Grantor in consideration of One
Dollar ($1.00), the receipt of which is hereby acknowledge, do
hereby grant to the BOARD OF TRUSTEES OF THE TOWN OF CARMEL,
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 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 purposes aforementioned
in the County of Hamilton, in the State of Indiana, to -wit:
A strip of ground 15 feet wide lying 7.5 feet on each
'side of the following described centerline:
Beginning at a point on the North line of the Northeast
Quarter of Section 32, Township 18 North, Range 4 East
which is 472.50 feet South 89 degrees 40 minutes 30
seconds East (assumed bearing) of the Northwest corner
thereof; thence South 00 degrees 19 minutes 30 seconds
West 165.00 feet to the end of this centerline.
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 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 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 arise during theperiod 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 absolutely
This Instrument Recorded, j— 19_75,
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY, IND.
rG
t
e 9
necessary and required by Grantee in the maintenance of said water
pipe 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 Grantor of such need so that
the parties may mutually agree upon an access route which would be
the leastlarmful and the easiest to restore to normal conditions.
If at any time the damage to Grantor's property is not mutually
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 appoint-
ed. The written award by such three persons shall be final and con-
clusive.
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 Officers of
the Grantor acting in their official capacity as such.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and
seal this
day of
This Instrument Recorded a2c eL, 1974/
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY, IND.
2
6 -y PAGE 53 5
1974.
LUMBER ART, INC.
By:
C/A
President
Attest:
Oje,
1H\ k)\i\
Secretary
RECEIVED FOR RE U'f D
M
AT /O'CLOC
AUG 5197:
BOOK__. PAGE
9 ..4-1---",A-4-1 "777
CCOROCR MAMMON COUNIT. INDIANA