Gray - 106th-Sewer-American Aggregates 1�
SANITARY SEWER EASEMENT TO
THE TOWN OF CARMEL 270 538
t9OOK PAGE
9709
AGREEMENT, made the 8 th day of November 1973 between
Ohio
American AggregatesCorporation, an Itana 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 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:
Part of the East one -half of Section 4, Township 17 North,
Range 4 East, Hamilton County, Indiana described as follows,
to -wit:
Parcel VI. A tract of land 50.00 feet of even width West
of the following described line. Commencing at a point
1038.25 feet more or less South of the North line of said
Section and 211.2 feet more or less West of the East line of
said Section thence South 870.65 feet more or less, said tract
contains 1.00 acres more or less.
Deed for tract of land through which easement runs is con-
tained in Deed Book 186, page 80, 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 Northeast Quarter 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 t•
the.Grantor any damage which may result to its property by reason
of the lying, maintaining, repairing, and operation of said sewer
line. This Instrument Recorded 19��
JUNE M. HEDGES, RECORDER PiAb91 M 801ifin, lG1D.
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 amages occurring to crops caused by any of Grantee's equipment in
ATTORNEYS AT LAW
ELEVENTH x LOGAN STREETS rossing over Grantor's property to reach the easement.
OBLESVILLE. INDIANA 46060
317 773 -4212
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2
BOOK_,AG 533
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 f the
proper resolution of the/Board of Directors o 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 LOGAN STREETS
NOBLESVILLE, INDIANA 46060
317 773 -4212
lo 14
3
BOO PAGE 540
IN WITNESS WHEREOF, the Grantor has caused this easement to be
executed the day and year first above written.
AMERICAN AGGREGATES CORPORATION
B
;t i e
W I. Thieme, Cha-&rman
By L��, �.y r�
William C. Rhodes, Secretary
Subscribed and sworn to before me, a Notary Public, this 8th
day of November 1973.
Notary Public
TWA IL AIM notsry Public
My Commission. Expires: IN AND FOR OWE CODUTY, OHIO
gy topatb4o* Erstl 6.1974
April 8, 1974
This Instrument Recorded 7/( 1 1/4- 7/ 1920
JUNE M. HEDGES, RECORDER HAMILTON WW1TY, IND.
This Instrument prepared by John S. Pearce, Attorney at Law,
Eleventh and Logan Streets, Noblesville, Indiana 46060.
SMITH, PEARCE BARR
ATTORNEYS AT LAW
ELEVENTH LOGAN STREETS
NOBLESVILLE, INDIANA 46060
317- 773 -4212
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