Gray - 96th/106th-American Aggregates 5 0
M 3
V
SANITARY SEWER EASEMENT TO
THE TOWN OF CARMEL II 6
,PAGE 5
1: 97 05
AGREEMENT, made the 8th day of November 1973, between
Ohio
American Aggregates Corporation, an hnlriai a 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: This Ins ±rument Recorde r. 19.3
'E P.t HE.CES, RECORDER HAMILTON COUNTY, IND.
Part of the South one half of Section 33, Township 18 North,
Range 4 East, Hamilton County, Indiana, described as follows,
to wit:
Parcel II. A strip of land 50.00 feet of even width North of
the following described line. Beginning at the Southwest
Corner of said section, thence East along the South line of
said section a distance of 2642.8 feet more or less, said
tract contains 3.03 acres more or less.
Deed for tract of land through which easement runs is con-
tained in Deed Book 200, Page 159, Hamilton County, Indiana.
Temporary Easement Description
A strip of land 50.00 feet of even width North of and adjacent
to the North line of the above described permanent easement in
the Southwest Quarter of Section 33, Township 18 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
reason of the laying, maintaining, repairing, and operation of said
sewer line.
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
damages occurring to crops caused by any of Grantee's equipment in
SMITH, PEARCE BARR crossing over Grantor's property to reach the easement.
ATTORNEYS AT LAW
ELEVENTH LOGAN STREETS
NOBLESVILLE, INDIANA 46060
317 773 -4212
iRt
vir
2
BOOK_� d J PAGE 0 2 7
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 Rr 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 Efe 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 he
proper resolution of the/Board of Directors of t 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
3
27® i28
BOOK PAGE
IN WITNESS WHEREOF, the Grantor has caused this easement to be
executed the day and year first above written.
AMERICAN AGGREGATES CORPORATION
By: C.
W. I. Thieme, Charm rman
William C. Rhodes, Secretary
Subscribed and sworn to before me, a Notary Public,.. his
day of November 1973.
Notary Public
My Commission Expires: '.d AR4 FOI 'JAW COOgi9, O iO
;A7 C®atwt gac Was Apr11 8,197
April 8, 1974
This Instrument Recorded 7/ -T 7/ 19�
ACNE M. HEDGES, RECORDER HAMILTDN CO4J TY, IND.
This Instrument prepared by John S. Pearce, Attorney at Law,
Eleventh and Logan Streets, Noblesville, Indiana 46060.
4ITH, PEARCE BARR
ATTORNEYS AT LAW
EVENTH LOGAN STREETS
)BLESVILLE. INDIANA 46060
317- 773 -4212