Smokey Hollow - Hull, Margaret/Brennan, Joan :4 j 1
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12 2 PSI 1 GRANT OF EASEMENT
8623623 BOOK PAGE
545
REcediii it ti4iLf ,Pi CO- IN.
1, THIS INDENTURE WITNESSETH THAT, for One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mar-
garet L. Hull and Joan D. Brennan "Grantors do hereby GRANT, QUITCLAIM AND CON
i. VEY to the CITY OF CARMEL, INDIANA, its successors, assigns and contractors ("Gran
li: tee upon all of the terms, provisions and conditions set forth, a non exclusive right -of-
1. way and easement on, along, in, through and under the real estate in Hamilton County, Clay
Township, State of Indiana, which is more particularly described as follows:
A strip of ground twenty feet in width by parallel lines located in
41 the Southeast Quarter of Section 19, Township 18 North, Range 4
East in Clay Township, Hamilton County, Indiana, being more
y particularly described as follows:
Commencing at the houtheast corner of the Southeast Quarter of
Section 19, Township 18 North, Range 4 East; thence North 89
degrees 54 minutes 31 seconds West (assumed bearing) on the
south line of said Southeast Quarter 2163.63 feet to the Westerly
Right -of -Way line of State Road 431 (Keystone Avenue) as granted
to the State of Indiana per Right -of -Way Grant for Project
S- 165(14) dated 1960; thence North 00 degrees 05 minutes 29 se-
1 conds East on said right -of -way line 16.50 feet to the place of
1 beginning of the within described real estate; thence North 89
degrees 54 minutes 31 seconds West parallel with said South line
266.37 feet; thence North 00 degrees 05 minutes 29 seconds East w 4-
20.00 feet; thence South 89 degrees 54 minutes 31 seconds East
parallel with said South line 331.09 feet to the aforesaid Westerly r N
right -of -Way line; thence South 74 degrees 23 minutes 35 seconds c'2 g
West on said Right -of -Way line 67.23 feet to a point which is 1.81 3
feet North 00 degrees 05 minutes 29 seconds East of the place of
beginning; thence South 00 degrees 05 minutes 29 seconds West on co =h
said Right -of -Way line 1.81 feet to the place of beginning. o c
a o
(the "Easement Parcel for installation, laying, use, repair, replacement, operation, main
tenance and renewal of sanitary sewer mains, lines and manholes as part of the Grantee's v
municipal sanitary sewage disposal system, together with a right of entry thereto and
thereon for the purposes recited herein. By the grant of this Easement, it is intended that f
the sewer line to be constructed on the Easement Parcel shall be available for development co kv
of real estate within the total area. Additionally, Grantors grant to Grantee a temporary
easement twenty (20) feet in width immediately adjacent to the above described parcel,
which temporary easement shall be for construction purposes only and which temporary
construction easement shall expire upon the completion of installation of the sewage line ao
and its appurtenances.
This grant is made by Grantors and accepted by Grantee upon the following
terms, provisions and conditions:
1. Grantors expressly reserve to themselves, and their grantees, successors and
assigns, and others to whom Grantors may grant rights or easements, the
right of ownership, occupancy and use of the Easement Parcel insofar as such
Y ownership, occupancy and use is not inconsistent with the foregoing grant to
Grantee, including, without limitation, the right to install, use, maintain,
repair and replace walls, fences, paving, sidewalks, curbing, drains, landscap-
"j ing, driveways, pipes, tiles, sewers, poles, wires, conduits, and other utility
services, facilities and equipment in, along, over, across, through or under
the Easement Parcel, provided that no permanent buildings will be located on
or over said Grantee's facilities as the same are or have been installed by
Grantee under the surface of the Easement Parcel pursuant to this Grant of
1 Easement.
If 2. All installations made by Grantee pursuant to this instrument shall be lo-
cated entirely underground and no above ground installations, structures or
;1 appurtenances shall be permitted (other than manhole covers which are level
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with the existing grade of the Easement Parcel), without the further appro-
val of Grantors.
3. Grantee shall be responsible at its cost and expense to maintain and repair
any sanitary sewage disposal facilities installed in the Easement Parcel.
Immediately after the initial installation of any facilities in and under the
Easement Parcel, and immediately after any repair, replacement or main-
tenance of the facilities, Grantee shall restore the Easement Parcel (both
subsurface and surface) to as near as possible the condition the Easement
Parcel was in immediately prior to such installation, repair, replacement or
maintenance, whether such condition is as now existing or as the same may
be improved by Grantors in accordance with Grantors' rights reserved by this
agreement; by way of example of the foregoing, but not in limitation of the
generality thereof, such restoration of the Easement Parcel shall be deemed
to include the proper filling and compaction of the subsurface area disturbed
by such installation, repair, replacement, or maintenance and the repair,
replacement or restoration of the Easement Parcel (both subsurface and
surface) and any improvements or betterments located thereon as permitted
by this agreement.
4. All costs and expenses incurred in connection with or relating to both the
initial installation of any facilities by Grantee and any subsequent use, re-
pair, replacement or maintenance of the same and in connection with or
relating to the restoration of the Easement Parcel as required shall be borne
and paid by Grantee at its sole cost and expense, and Grantee shall, and
hereby agrees to, indemnify and hold Grantors free and harmless of, and
defend Grantors against, any loss, cost, damage and expense, and any claims,
demands, actions, causes of action, judgments, litigation, and proceedings of
all kinds in connection therewith (including, without limitation, personal
injury and property damage claims).
5. Grantors shall have the right to relocate this Easement and any sanitary
sewage facilities at their sole cost and expense, PROVIDED THAT Grantors
shall grant, or cause to be granted, to Grantee easements or rights for the
relocated easement and sewer facilities similar in nature and scope to the
easement herein granted, and PROVIDED THAT the easement and sewer
facilities, as relocated, shall be reasonably comparable in all material re-
spects to the original easement and sewer facilities.
6. In the event that Grantee shall abandon the rights granted to it under this
Easement, the right, title and interest hereunder granted to Grantee shall
cease and terminate, and Grantors shall hold the Easement Parcel, as the
same may then be, free from the rights of Grantee so abandoned, and shall
own all of the sanitary sewage facilities of Grantee so abandoned. Failure to
use the Easement and sanitary sewage facilities for a period of five years or
more shall constitute evidence of abandonment.
7. All of the terms and provisions of this instrument shall be binding upon and
shall inure to the benefit of Grantors and Grantee and their respective gran-
tees, heirs, successors and assigns, and shall be and remain covenants running
with the Easement ParceL
8. If any of the terms, provisions, covenants, agreements, conditions, limita-
tions, restrictions, reservations and exceptions contained in this instrument,
or the application thereof to any person or circumstance, shall to any extent
be determined by a court of competent jurisdiction of final appeal to be
invalid or unenforceable, the remainder thereof, or the application thereof to
persons or circumstances other than those as to which it is so determined to
be invalid or unenforceable, shall not be affected thereby, and each term,
provision, covenant, agreement, condition, limitation, restriction, reserva-
tion and exception contained in this instrument shall be valid and enforceable
to the fullest extent permitted by law.
-2-
COPY
Grantors certify that there is no Indiana gross income tax due or payable in con-
nection with this conveyance.
IN WITNESS WHEREOF, Grantors have executed this instrument this a7.day
of �-loyct 1986.
GRANTORS:
J v`"`tif I
argar L. Hull
Jog D. Brennan
7
STATE OF INDIANA
ss.
COUNTY OF c. -y,,.-,1 rte,
Before me, a Notary Public in and for said County and State, personally appeared
Margaret Hull, who acknowledged the execution of the foregoing Grant of Easement.
Witness my hand and Notary Seal this l2 day of ,c� c-t
1986.
otary Pubic
7h/9-lei/vial J /U e Gc rn R n
Printed Nme
My Commission Expires: &i9 /9t9
My County of Residence is•
STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER
Before me, a Notary Public in and for said County and State, personally appeared
Joan D. Brennan, who acknowledged the execution of the foregoing Grant of Easement.
Witness my hand and Notary Seal this -27f day of A_ u 5+
1 986.
Notar Public
Printred Name
My Commission Expires: 41y Ca iOn Expires Aug S, 1990 n s
My County of Residence is: Dihve,
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The City of Carmel, by its Board of Public Works and pur-
suant to I.C. 36 -4 -9 -5 accepts the foregoing easement dedication
according to its terms.
Dated this
day of 1986.
J; Reiman
e-N2
Fred Swift
Billy Walker
J AT ST:
Dorothy J. *cock
Clerk /Treasurer