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Gray - Sewer-American Aggregates SANITARY SEWER EASEMENT TO THE TOWN CARMEL cy 541 BOOK. 2 g a PAGE AGREEMENT, made the 8th day of November 1973 between Ohio American AggregatesCorporation, an Irtda Corporation, hereinafter called "Grantor and the Town of Carmel, County of Hamilton, State of Indiana, hereinafter called "Grantee WITNESSETH, that Grantor, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledge, does hereby grant, quitclaim and convey unto the Grantee an easement and right -of -way to construct and maintain a sewer line under and through its property, said property being described as follows: Part of the East one -half of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana described as follows, to -wit: Parcel VII. A strip of land 25.00 feet of even width on each side of the following described centerline. Beginning at a point which is 441.12 feet more or less West of the Southeast corner of said Section thence N 26 °42'31" E a distance of 89.56 feet more or less, thence N 45 0 00'07" E a distance of 529.91 feet more or less, thence N 0 °08'47" W a distance of 2133.77 feet more or less, thence N',60 0 45'47" W a distance of 242.38 feet more or less thence N 0 0 08'47" W a distance of 457.0 feet more or less, said tract contains 3.96 acres more or less. South line of said Section assumed East and West. Deed for tract of land through which easement runs is contain ed in Deed Book 186 Pages 80 and 81 and Deed Book 208, Page 186, Hamilton County, Indiana Temporary Easement Description A strip of land 50.00 feet of even width West of and adjacent to the West line of the above described permanent easement in the East one -half of Section 4 Township 17 North, Range 4 East, Hamilton County, Indiana for the purpose of sewer line construction. In consideration of said right, the Grantee agrees to lay said sewer line at the sufficient depth not to interfere with the Grant- or's use and enjoyment of said property; and further agrees to pay to the Grantor any damage which may result to its property by rea- son of the laying, maintaining, repairing and operation of said This Instrument Recorded fti 2 sewer line. JUNE M. HEDGES, RECORDER HAMILTON W Htl TY, A Grantee further agrees to maintain necessary fencing during construction and to protect all livestock at all times. Grantee further agrees to restore ground surface and all fenc- UTH, PEARCE BARR ATTORNEYS AT LAW EVENTH a LOGAN STREETS ing to its original condition. BLESVILLE, INDIANA 46060 317 773 -4212 Grantee further agrees to reimburse the undersigned for any 2 9OOK �FIAGE 54 Said permanent easement is to be used by Grantee for the installation and maintenance of a sanitary sewer transmission line. No permanent structure shall be erected on said strip, subsequent owners shall take their title subject to the rights of Grantee for ingress and egress in, on, along and across the above described easement and Grantee will hold harmless the owners of said land against any and all claims for injury to person or property result- ing from or claimed to have resulted from the presence of any employee or agent of Grantee while said persons are within said easement and on official business for Grantee. The Grantor agrees that its quarrying operations will be kept a sufficient distance away from the actual sewer line of the Grante: so that the vibration, measured at the sewer line itself, will not, at any time, exceed two inches per second of particle velocity, such figure presently being the standard given by public authoritie- as safe under such circumstances. This easement is a permanent encumbrance on that real property described hereinabove and shall run with said described real property. The undersigned persons in executing this easement on and in behalf of the Grantor represent and certify that they are duly elected officers of the Grantor and have been fully empowered by Executive Committee of the proper resolution of the/Board of Directors of the Grantor, to execute and deliver this easement; the Grantor has full corporate capacity to convey the real estate described herein; and that all necessary corporate action for the making of such conveyance has been taken and done. SMITH,PEARCE BARR ATTORNEYS AT LAW ELEVENTH 4c LOGAN STREETS VOBLESVILLE, INDIANA 46060 317 773 -4212 BOOK AGE a, t.1 IN WITNESS WHEREOF, the Grantor has caused this easement to be executed the day and year first above written. AMERICAN AGGREGATES CORPORATION By: 1�y7��: W. I. Thieme, Ch irman BY: I /l.-rLZc.:... i CU T -Y- William C. Rhodes, Secretary Subscribed and sworn to before me, a Notary Public, this 8th day of November 1973. Notary Public IR A f ACTAI iotorq Pufic My Commission Expires: IN AND FOR RAHE•(NUTT,`•Dl! ay ado® Ea a i" ANN B, "li April 8, 1974 This Instrument Recorded 7/A-(/` K 7, 19 _7.3 /UNE M. HEDGES, RECORDER HAMILTON WOUND, IND. This Instrument prepared by John S. Pearce, Attorney at Law, Eleventh and Logan Streets, Noblesville, Indiana 46060. :ITH, PEARCE BARR ATTORNEYS AT LAW 3VENTH LOGAN STREETS BLESVILLE. INDIANA 46060 317 773-4212