96th - Keystone-Sewer-Ford Leasing Company rf
11115 SEWER EASEMENT
FORD LEASING DEVELOPMENT COMPANY, a Delaware corporation,
having offices at The American Road, Dearborn, Michigan (herein-
after referred to as "Grantor for and in consideration of One
Dollar ($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, does hereby give, grant and convey
unto the TOWN OF CARMEL, INDIANA (hereinafter referred to as
"Grantee an easement for the construction, installation, main-
tenance,
repair, alteration, inspection, operation, replacement
and removal of an underground sanitary sewer, in, over and across
the following described property in Hamilton County Indiana,
to -wit:
Part of the Southeast Quarter of Sec. 7, Town
ship 17, Range 4 in Hamilton County, Indiana,
described as follows:
Unit 1:
A twenty foot permanent easement, the center
line of which is as follows:
Beginning at a point on the right of way of 96th
St. which is 12'. north of the centerline of East
96th, St. and 520' west of the centerline of Keystone,
Ave. (new State Road 431), which point is also 12'
north and 520' west of the southwest corner of the
east half of the southwest quarter of said quarter
section; thence east and parallel with the center
line of 96th St. a distance of 320';
plus, a TEMPORARY CONSTRUCTION EASEMENT of 30' by
parallel lines off the entire north side of the above.-
permanent easement.
Unit 2:
A ten foot permanent easement, the center line
of which is as follows:
Beginning at the terminal point of the description
in Unit 1 above, thence north 51 degrees 55 minutes
20 seconds east to a point which is 99' west of the •1
center line of Keystone Ave. and 93' north of the I
center line of 96th St.; i
plus a TEMPORARY CONSTRUCTION EASEMENT of 45' by I
parallel lines off the entire northwest side of
the above permanent easement. 4
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Unit 3:
A twenty foot permanent easement, the center
line of which is as follows:
Beginning at the terminal point of the
description in Unit 2 above, thence north and
parallel with west right of way line of
Keystone Ave. a distance of 637' more or less
l... to a point which is on the north line of the
property owned by grantor and which is 730' feet
north of the south line of said quarter section-
and 10' west of the west right of way line of. r.
Keystone Ave.
plus a TEMPORARY CONSTRUCTION EASEMENT of 30' by
parallel lines off the entire west side of the
above permanent easement.
This easement is granted to and accepted by the Grantee
upon the following terms and conditions:
1) The sanitary sewer referred to herein shall be and
remain buried to a depth from the surface so as not to interfere
with the normal use of said property by Grantor, its successors
and assigns, including without limitation, driveways, and other
access use.
2) When the sanitary sewer is first laid Grantee shall
restore the surface, including but not limited to sod or grass,
trees, fences or shrubs which may be damaged thereby, to a condi- F
tion at least equal to that before the work was begun, and the
temporary construction easements granted herein shall cease and
terminate. If at any time it should be necessary for Grantee to
enter the above described property to exercise any rights con-
tained herein, or to excavate to reach said sanitary sewer,
Grantee or its agents shall back fill and restore the surface of
the above described property to a condition equal to that'existin
prior to such entry.
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3) Grantee shall indemnify and save Grantor harmless
1 from and against any and all 'claims, demands, actions, liability,
expense (including reasonable attorney's fees) and costs arising
from or in any manner based upon or relating to the exercise by
Grantee of any rights or privileges granted hereunder.
4) If Grantee shall discontinue use of the easement i.
granted herein for the above stated purposes, for any period of F
2.1 or more consecutive months, all rights granted hereunder. shall
cease and terminate, and upon written demand or, Grantor, Grantee,
shall remove all its property and equipment from the above
described property.
5) Before any connection may be made to the sanitary
sewer, $15,000 shall be paid to the Grantee by Grantor as a
contribution to the cost of extending the sanitary sewer from the
sanitary sewer treatment plant. Upon the payment of $15,000,
commercial connection will be authorized by the Grantee and
there shall be no further or additional charge, assessment or:.
fee for connecting the lateral to the sanitary sewer, of for...
the cost of the sanitary sewer.
6) A11 rights herein granted are subject to the
existing rights of third parties.
T
7) This easement shall inure to the benefit of.and
be binding upon the successors and assigns of Grantor and Grantee
IN WITNESS WHEREOF, the Grantor has cause this instru-
ment to be executed as of the /9 ay of 't' '1969
Witness: FORD LEASING DEVELOPMENT COMPANY-:,.
..1
B i .i f I
Virginia Ca y c.:
a rrity
3.tq. Sr eretary/ SIDNEY KELLY
ASSISTANT SECEETd£I
1 i
1
STATE OF MICHIGAN sooK 232 1.Q1
ss
la COUNTY OF WAYNE
1;1
t On this 10th day of October 1969, before me
appeared SIDNEY MELLY to me personally known, who, being by.
i' me duly sworn did say that he is the Assistant Secretary of
Ford Leasng Development Company, and that the seal affixed to
iH said instrument is the corporate seal of said corporation and
that said instrument was signed and sealed in behalf of said cor-
1i
poration by authority of its board of directors and said
r1
1! acknowledged said instrument to be the free
t
j. act and deed of said corporation.
k Notary y Public, W AYNE COUNTY, MICHIGAN
c My commission expires: ,'s 1 i/ 0 f
1 FRANCIS V. ROUhA;F •L
I Notary Public, Oakland �+i ry; �Mitl. e) i--::
I
k.,, Acting in Wayne Cciuntu_:
IN commis expires tot, P,73r u
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