Gray - 96th/106th-American Aggregates 8 8912493
EASEMENT
THIS EASEMENT, executed this 4th day of May
1989, by AMERICAN AGGREGATES CORPORATION "Grantor WITNESSES:
In consideration of the sum of Two Thousand Three Hundred
and no/100 Dollars
($2,300.00) paid by The C.P. Morgan Co., Inc.,
an Indiana corporation "Morgan the receipt and sufficiency of
which are hereby acknowledged, Grantor grants, conveys and
declares a non exclusive easement for sanitary sewer and
utilities upon, over and across the real estate owned by Grantor
more particularly described in Exhibit "A" attached hereto and by
reference made a part hereof, for the benefit of the real estate
owned by Morgan and described in Exhibit "B" attached hereto and
by reference made a part hereof.
The easement granted herein includes the right of
construction, operation, maintenance, repair and replacement.
Grantor also grants to the City of Carmel, Indiana, the right to
perform maintenance, repair and replacement of sanitary sewer and
utility material and equipment within the easement. *see following page
The easement herein granted shall be permanent, shall burden
the Real Estate, and shall be binding upon Grantor, and its
successors and assigns, and shall benefit Morgan,'its successors
and assigns.
IN WITNESS WHEREOF, Grantor has executed this instrument on
th4ay ,and in the year first above written.
x
C
LJ_ AMERICAN AGGREGATES CORPORATION
C.) �a r By L\ F
William E. Hole, Jr,
Its Prpciriint
STATE OF OHIO
This Instrument Recorded t19E3 SS
COUNTY OF DARKE Sharon K. Cherry, Recorder,Hamilton L;uunt;..rr
Before me, a Notary Public in and for said County and State,
personally appeared Wi 11 iam F. Hole_ Jr known by me to be the
prPsidpnt_ of American Aggregates Corporation,
and being first duly sworn, acknowledged the execution of the
foregoing Easement for and on behalf of said Corporation,.
Witness by hand and Notarial Seal this 4th day of
May 1989.
BONNIE JEAN CURT15, Notary Pubfia
In and for th• Sr.1� o: a ��+C r (24-4.472
My,Comm;,don ;;;NE 9, 1992 Notary Public
My Commission Expires: My County of Residence Is:
dune 3, 149? Darke
This instrument was prepared by Bruce E. Smith, Attorney.
*Morgan, its successors and assigns, shall and hereby agree
to be responsible and liable to said Grantor for any damage
to buildings or structures and all other property of said
Grantor on premises owned by Grantor, its successors and
assigns., caused by the construction, inspection, repair,
maintenance, renewal, and /or removal of said sanitary sewer
and hereby agrees to indemnify and save harmless the Grantor
from all claims for damage to property or injury to any
person or persons resulting either directly or indirectly
from the construction, inspection, repair, maintenance,
laying, operating, using, renewal, and /or removal of said
sanitary sewer on said premises, or by reason of the failure
of the City of Carmel to maintain said sanitary sewer in
good, safe, or proper condition and repair.
*As a part of the consideration for the granting of the
within Easement, Morgan hereby agrees that it will hereafter,
at Morgan's expense and in an expeditious, workmanlike
manner, provide taps to Grantor, subject to prior approval by
the Carmel 'Board of. Public Workg. and Safety, its successors
and assigns, and any lessees at locations requested from time
to time.
ACCEPTANCE
The undersigned, being the members of the Carmel Board
of Public Works and Safety, hereby accept the foregoing
Declaration of Easement and agree to be bound thereby.
CARMEL BOARD OF PUBLIC
WORKS AND SAFETY
Dorothy J! ancock, Mayor
William McFadden, Member
S tep en S.:ugh, 'em•er
Attest:
tea_... f• •40
usan Jones •i-rk- Treasurer
E hibit "A"
LAND DESCRIPTION
SANITARY SEWER UTILITY EASEMENT)
ACROSS AMERICAN AGGREGATES CORPORATION PARCEL
Part of the East Half of the Southeast Quarter of Section 33, Township 18 North
Range 4 East in Hamilton County, Indiana, being more particularly described as
follows:
Commencing at the Southwest Corner of the East Half of the said Southeast
,2. Quarter Section; thence North 89 degrees 57 minutes 23 seconds East (Assumed
Bearing) along the South line of the said Southeast Quarter Section, a distance of
162.54 feet to the Beginning Point; thence North 00 degrees 21 minutes 02 seconds
West, parallel with the West line of the East Half of the said Southeast Quarter
Section, a distance of 40.00 feet; thence North 89 degrees 57 minutes 23 seconds
East, parallel with the said South line, a distance of 1160.00 feet; thence South 00
degrees 21 minutes 02 seconds East, parallel with the said West line, a distance of
40.00 feet to the said South line; thence South 89 degrees 57 minutes 23 seconds
West along the said South line, a distance of 1160.00 feet to the Beginning Point,
containing 1.065 acres, more or less.
Together with a temporary construction easement, being fifteen (15) feet in width,
lying North of and contiguous with the North Line of the above described real
estate.
r
a
i
Exhibit "B"
Land Description
(Pt. Deed Record 130, page 437)
Part of the West 1-iaif of the Southeast Quarter of Section 33, Township 18 North, Range 4 East, in
Hamilton County, Indiana, described as follows:
Commencing at a railroad spike at the southwest corner of said half quartcr; thence on an assumed
bearing of North 89 degrees 57 minutes 23 seconds East along the south line thereof a distance of
150.00 feet to a P.K. nail at the Point of Beginning; thence continuing North 89 degrees 57 minutes
23 seconds East along said south line a distance of 527.89 feet to a P.K. nail which lies South 89
degrees 57 minutes 23 seconds West a distance of 645.00 feet from the southeast corner of said half
quarter; thence North 00 degrees 21 minutes 02 seconds West parallel with the cast line of said half
quarter a distance of 1121,36 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr.
Corp thence North 71 degrees 12 minutes 10 seconds Wcst a distance of 129.15 feet to a 5/8 inch
rebar with yellow cap marked "Schneider Engr. Corp" on a curve having a radius of 925.00 feet from
which the radius point bears South 71 degrees 12 minutes 10 seconds East; thence southerly along
said curve an are distance of 25.70 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr.
Corp" which bears North 72 degrees 47 minutes 40 seconds Wcst from said radius point; thence North
72 degrees 47 minutes 40 seconds West a distance of 50.00 feet to a 5/8 inch rebar with yellow cap
marked "Schneider Engr. Corp" on a non tangent curve having a radius of 955.61 feet from which
the radius point bears South 12 degrees 33 minutes 20 seconds West; thence northwesterly along said
curve an arc distance of 123.24 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr.
Corp" which bears North 05 degrees 09 minutes 58 seconds East from said radius point; thence South
12 degrees 38 minutes 28 seconds West a distance of 200.37 feet to a 5/8 inch rebar with yellow cap
marked "Schneider Engr. Corp ";thence South 00 degrees 00 minutes 00 seconds East a distance of
323.57 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp thence North 64
degrees 19 minutes 02 seconds West a distance of 41.36 feet to a 5/8 inch rebar with yellow cap
marked "Schneider Engr. Corp" at the point of curvature of a curve having a radius of 175.00 feet
from which the radius point bears North 25 degrees 40 minutes. 58 seconds East; thence
northwesterly along said curve an arc distance of 61.76 feet to a 5/8 inch rebar with yellow cap
marked "Schneider Engr. Corp" which bears South 45 degrees 54 minutes 11 seconds West from said
radius point; thence South 45 degrees 54 minutes 11 seconds West a distance of 50.00 feet to a 5/8
inch rebar with yellow cap marked "Schneider Engr. Corp" on a non tangent curve having a radius
of 620.68 feet from which the radius point bears South 65 degrees 31 minutes 14 seconds East;
thence southwesterly along said curve an arc distance of 60.52 feet to a 5/8 inch rebar with yellow
cap marked "Schneider Engr. Corp" which bears North 71 degrees 06 minutes 26 seconds West from
said radius point; thence South 89 degrees 33 minutes 21 seconds Wcst a distance of 186.94 feet to a
5/8 inch rebar with yellow cap marked "Schneider Engr, Corp" on the west line of the aforesaid
half quarter; thence South 00 degrees 26 minutes 39 seconds East along said West line a distance of
34.33 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" which lies North 00
degrees 26 minutes 39 seconds West a distance of 580.80 feet from the southwest corner of said half
quarter; thence North 89 degrees 57 minutes 23 seconds East parallel with the south line of said
half quarter a distance of 150.00 feet to a 5/8 inch rebar with yellow cap markcd "Schneider Engr.
Corp thence South 00 degrees 26 minutes 39 seconds East parallel with said west line of said half
quarter a distance of 580.80 feet to the Point of Beginning. Containing 11.957 acres, more or less.
and
Land Description
(Pt. Deed Record 284, page 827 and Pt. Deed Record 294, page 461)
Part of the West Half of the Southeast Quarter of Section 33, Township 18 North, Range 4 East, in
Hamilton County, Indiana, described as follows:
Commencing at a P.K. nail at the southeast corner of said half- quarter thence; on an assumed
bearing of South 89 degrees 57 minutes 23 seconds West along the south line thereof a distance of
322.50 feet to a P.K. nail at the Point of Beginning; thence North 00 degrees 21 minutes 02 seconds
West a distance of 40.00 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp
thence South 89 degrees 57 minutes 23 seconds West parallel with the south line of said half quarter
a distance of 150.04 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp thence
North 00 degrees 32 minutes 59 seconds East a distance of 230.11 feet to a 5/8 inch rebar with
yellow cap marked "Schneider Engr. Corp thence North 89 degrees 57 minutes 23 seconds East
parallel with the the south line of said half quarter a distance of 146.43 feet to a 5/8 inch rebar
with yellow cap marked "Schneider Engr. Corp" distant 322.50 feet west of the cast line of said half
quarter as measured parallel with the south line thereof; thence North 00 degrees 21 minutes 02
seconds West parallel with the cast line of said half quarter a distance of 449.55 feet to a 5/8 inch
rebar with yellow cap marked "Schneider Engr. Corp thence North 70 degrees 23 minutes 38
seconds West a distance of 183.52 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr.
Corp thence North 00 degrees 21 minutes 02 seconds Wcst parallel with the east line of said half
quarter a distance of 480.00 feet to a 5/8 inch rebar with yellow cap marked "Schncidcr Engr. Corp
thence South 89 degrees 57 minutes 23 West parallel with the south line of said half quarter a
distance of 150.00 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" distant
645.00 feet west of the east line of said half- quarter as measured parallel with the south line
thereof; thence South 00 degrees 21 minutes 02 seconds East parallel with the cast line of the said
half quarter a distance of 1261.36 feet to a P.K. nail on the south line thereof; thence North 89
degrees 57 minutes 23 seconds East along said south line a distance of 322.50 feet to the Point of
Beginning. Containing 6.532 acres, more or less.
Exhibit "B" (continued)
and
Land Description
(Pt. Deed Record 225, page 348 and
Pt. Deed Record 144, page 302)
Part of the West Half of the Southeast Quarter of Section 33, Township 18 North, Range 4 East, in
Hamilton County, Indiana, described as follows:
Beginning at a P.K. nail at the southeast corner of said half quarter; thence on an assumed bearing
of South 89 degrees 57 minutes 23 seconds West along the south line thereof a distance of 322.50 feet
to a P.K. nail; thence North 00 degrees 21 minutes 02 seconds West parallel with the east line of said
half- quarter a distance of 689.65 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr.
Corp thence North 65 degrees 16 minutes 24 seconds East a distance of 159.19 feet to a 5/8 inch
rebar with yellow cap marked "Schneider Engr. Corp thence South 67 degrees 45 minutes 24 seconds
East a distance of 192.25 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" on
the cast line of said half quarter; thence South 00 degrees 21 minutes 02 seconds East along said east
line a distance of 142.97 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp*
lying distant 540.24 feet north of the southeast corner of said half- quarter; thence South 49 degrees
52 minutes 43 seconds West a distance of 356.55 feet to a 5/8 inch rebar with yellow cap marked
"Schneider Engr. Corp" on a curve having a radius of 275.00 feet from which the radius point bears
South 83 degrees 33 minutes 35 seconds West; thence southerly along said curve an arc distance of
29.23 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" which lies North 89
degrees 38 minutes 58 seconds East from said radius point; thence South 00 degrees 21 minutes 02
seconds East parallel with the east line of said half- quarter a distance of 241.52 to a 5/8 inch rebar
with yellow cap marked "Schneider Engr. Corp" lying 40.00 feet north of the south line of said half
quarter; thence North 89 degrees 57 minutes 23 seconds East parallel with said south line a distance
of 272.50 feet to a 5/8 inch rcbar with yellow cap marked "Schneider Engr. Corp" on the east line of
said half- quarter; thence South 00 degrees 21 minutes 02 seconds East along said cast line a distance
of 40.00 feet to the Point or Beginning. Containing 2.923 acres, more or less.
and
Land Description
(Deed Record 253, page 27)
Begin at the Southwest corner of the West Half of the Southeast Quarter of Section Thirty three
(33), Township Eighteen (18) North, Range Four (4) East and run thence East 150 feet; thence North
parallel with the West line of said Quarter Section 580.8 feet; thence West 150 feet to an existing
Ionce line; thence South 580.8 feet to the place of beginning, containing two (2) acres.
This Instrument Ra,orded
l� 1989
N
Shn aro K. Cherry, Recorder. Nx" v