Gray - 106th-Sewer-American Agrregates J
SANITARY SEWER EASEMENT TO
THE TOWN OF CARMEL 544
BOOK- A# 1 I PAtaF
9711
AGREEMENT, made the 8th day of November 1973, between
Ohio
American Aggregalfs Corporation, an Indiana Corporation, hereinafte
called "Grantor and the Town of Carmel, County of Hamilton, Stat:
of Indiana, hereinafter called "Grantee
WITNESSETH, that Grantor, for and in consideration of the sum
of One Dollar (51.00) and other valuable consideration, the receip
of which is hereby acknowledged, 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:
Parcel VIII. Part of the East one -half of Section 9, Town-
ship 17 North, Range 4 East, Hamilton County, Indiana describ-
ed as follows, to -wit: A strip of land 25.00 feet of even
width on each side of the following described centerline.
Commencing at the Northeast Corner of Section 9, thence N
90 00'00" W along the North line of said Section a distance of
441.12 feet more or less; thence S26°42'31" W a distance of
1596.55 feet, more or less; thence S43 °35'57" W a distance of
540.34 feet more or less to the true place of beginning.
Thence S 43 35'57" W a distance of 312.93 feet more or less;
thence S 08 32'27" W a distance of 1527.25 feet more or less,
containing in said permanent easement 3.23 acres more or less.
Deed for tract of land through which easement runs is contain-
ed in Deed Book 150 page 55240ani1 eo B County
o n Y6 I a
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 9, Township 17 North, Range 4
East, Hamilton County, Indiana for the purpose of sewer con
struction.
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
reason of the laying, maintaining, repairing, and operation of said
s ewer line. Thi Instrument Recorder 19 23
JUNE M. HEDGES, RECORDER HAMILTON SG UbTY,
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-
ing to its original condition.
Grantee further agrees to reimburse the undersigned for any
SMITH, PEARCE BARR
ATTORNEYS AT LAW damages occuring to crops caused by any of Grantee's equipment in
ELEVENTH LOGAN STREETS
NOBLESVILLE, INDIANA 46060 crossing over Grantor's property to reach the easement.
317 773 -4212
2
BOOKS. P'AGF545
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 Granter.
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 ec BARR
ATTORNEYS AT LAW
ELEVENTH LOGAN STREETS
NOBLESVILLE, INDIANA 46060
317 773 -4212
3 270
BOOK PAGE 5146
IN WITNESS WHEREOF, the Grantor has caused this easement to be
executed the day and year first above written.
AMERICAN AGGREGATESCORPORATION
By: 47 77r;
W I. Thieme, Chairman
By: i
William C. Rhodes, Secretary
Subscribed and sworn to before me, a Notary Public, this 8th
day of November 1973.
Notary Public
Ttt VA AR OLD, ileary
My Commission Expires: IR AND FOCDARkE (DOTY, ti
Aiq Lea Reins tl R, i31
April 8, 1974
This Instrument Recordod. 7 1-4L1fr' 7 i 19j
JUNE M. HEDGES, RECORDER HAMILTON SOOTY, IND.
This Instrument prepared by John S. Pearce, Attorney at Law,
Eleventh and Logan Streets, Noblesville, Indiana 46060.
[ITH, PEARCE x BARR
ATTORNEYS AT LAW
EVENTH LOGAN STREETS
BLESVILLE, INDIANA 46060
317.773 -4212