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Gray - 96th/106th-American Aggregates 7 (2) Reference to i 330 Page 16 892648 vie) SEWER EASEMENT kr'' This indenture, witness that: AMERICAN AGGREGATES CORP., a Delaware .K xlo Corporation duly authorized to transact business in the State of Indiana, (hereinafter called "Grantor for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, sell and convey to the City of Carmel in Hamilton County, Indiana, a municipal Corporation duly organized and existing under the laws of the State of Indiana (hereinafter called "Grantee a permanent easement and right of way to construct, operate, control, maintain, reconstruct, change the size of, repair and remove a pipeline to be used for the transmission of sewage along, under, through and across the Grantor's land in Hamilton County, State of Indiana, which L." easement is more particularly described as follows, to-w#: 1 PERMANENT SEWER LINE EASEMENT 7 j c) r An easement for sanitary sewer purposes in part of tliC Northeast Quarter of the Northeast Quarter of Sectiodr8 �rnv Township 17 North, Range 4 East in Hamilton County, 72. Indiana, described as follows: x Beginning at the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, said corner being the Northeast corner of BLUE CREEK WOODS ESTATES, the plat of which is recorded in Plat Book 8, Page 74 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 20 minutes 00 seconds East (South 00 degrees 19 minutes 49 seconds East plat) on the East line of said BLUE CREEK WOODS ESTATES a distance of 90.00 feet; thence North 56 degrees 12 minutes 27 seconds East 161.81 feet to a point on the North line of said Quarter Quarter Section, being located South 90 degrees 00 minutes 00 seconds East 135.00 feet from the Northeast corner thereof; thence North 90 degrees 00 minutes 00 seconds West on said North line 135.00 feet to the point of beginning. 1I -1 1988 (SEE ATTACHED DRAWING) Grantee shall have the right of ingress and egress over and across the easements granted for purposes described herein. Whenever necessary or convenient, Grantee may haul across the easements granted herein such pipe and other materials as may be needed in the construction or maintenance of its pipeline. Grantor shall have the right to fully use and enjoy the strip of land granted as a permanent easement except for such use as may impair, impede or unreasonably interfere with the exercise by Grantee of the rights granted herein. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over or interfering with the construction, or operation of any pipeline or appurtenance constructed pursuant to this instrument. Grantor further agrees that Grantor shall not change the grade of any such pipeline. *See Below The grants, covenants and stipulations hereof shall extend to and be binding upon the respective heirs, successors and assigns of the parties. Grantors covenant and certify that they are the sole owners of the above described real estate and that they have the right, title and capacity to grant the easements granted herein. Executed this day of 1989 by "Grantor AMERICAN AGGREGATES CORPORATION By William D. y'rewer' President STATE OF OHIO SS: COUNTY OF DARKE BEFORE ME, a Notary Public in and for said County and State, personally appeared William D. Brewer President of AMERICAN AGGREGATES CORP., who acknowledged the execution of the foregoing Sewer Easement and who, having been duly sworn, stated that any representations therein contained are true. WITNESS my hand and Notarial Seal, this C� day of 1989. In en ioi 1:... yCoitimo ss ion Expires: r7� n �fi NOTARYLPUBLIC -dune 3. 1992 PRINTED: RESIDING IN Darke COUNTY *As a part of the consideration for the granting of the within Easement, the Grantee hereby agrees that it will hereafter, at Grantee's expense and in an expeditious, workmanlike manner, provide taps to Grantor, its successor and assigns and any lessees at locations requested from time to time subject to prior approval by the Carmel Board of Public Works and Safety. The Grantee shall indemnify and hold harmless the Grantor, its successors and assigns, any lessees thereof, and all of their agents, employees and /or representatives from and against all claims, damages, losses, suits and actions, including attorneys' fees, arising or resulting from any and all installation, construction, operation, maintenance, repair, renewal, replacement and /or removal hereunder on, over, under and across the premises hereunder and any damages and losses on contiguous real estate unless caused by the negligence of Grantor, its successors, assigns, any lessees thereof or their agents, employees and /or representatives. This Instrument Prepared By: Stephen K. Andrews, Attorney at Law, 2506 Willowbrook Parkway, Suite #312, Indianapolis, Indiana 46205, (317) 259 -7751. r 'N-N I s N 3i _1 1 i 41 do. 0" c !<6 ii: 9 NN t 9) t t.5.) .7:17: :77_ 7 1 N,.. 2 9 kIl- -00.9-.-.d 1 1C0/4 il11 s ;•1 ----P 1 I -0:' Coo I 7 i 1-._ i r c•-• 4 41;4, -1,., lig. I' :c 1 i -i iii cy) I 6 6 U1 N 1 r_.. ill i r' I i ,1 -I E t II ■_.,1 --.t 1 1 N Nss,NNil ti k th 1 Izt I 13 -II 1 1,4 .1 ZI, _x- E. 1 j it b...- 1 !fl 1 (N.- I. A T i 1. 1 c., This Instrument Recorded i 7. kl) Sharon K. Cherry, Recorder, Haniittn^ ntv IN flA 1 V :_it 1 w 0) t.L •L I c 1 c,• C 7 1 6 7 (1" ''';:5