Justus Investment - Water Line Right of Way c joi
RIGHT -OF -WAY GRANT 4 495
FOR WATER LINE BOOK— g.p..,...,
1556
KNOW ALL MEN BY THESE PRESENTS, that JUSTUS INVESTMENT
COMPANY of HAMILTON COUNTY, INDIANA, hereinafter referred to as
"Grantor in consideration of One Dollar ($1.00), the receipt
of which is hereby acknowledge, does hereby grant to the BOARD
OF TRUSTEES OF THE TOWN OF CARMEL, INDIANA, and their successors
in office, hereinafter referred to as "Grantee for a period of
ninety -nine (99) years, a right -of -way to lay, construct, main-
tain, alter, inspect, repair, replace, relocate, operate and re-
move a WATER PIPE LINE for the transportation of water therein
under, on and through the premises owned by the Grantor and here-
inafter described, and the Grantee is granted the right of ingres-1
and egress to, on, from and over the following described premises
for the purposes aforementioned in the County of Hamilton, in the
State of Indiana, to -wit:
Part. the Northeast Quarter of Section 32, Township 18
North, Range 4 East in Hamilton County, Indiana more
particularly described as follows:
Beginning at a point on the North line of the Northeast
Quarter of Section 32, Township 18 North, Range 4 East
which is 600 feet West of the Northeast corner thereof;
thence West on and along the North line of said Quarter
Section 450 feet; thence South parallel with the East
line of said Quarter 40 feet; thence East parallel with
the North line of said Quarter 450 feet; thence North
parallel with the East line of said Quarter 40 feet to
the place of beginning.
Grantor shall not place anything over or so close to said
water pipe line or other facility of Grantee located within said
right- of -waT as will be likely to interfere with Grantee's aoess
thereto by means of equipment customarily employed in the mainten-
ance of said water pipe line. All pipe installed hereunder shall
be buried so as not to interfere with the normal use of said land
by Grantor and it is mutually agreed as a condition to this grant
that Grantee is to pay for and /or restore any damage whic h nay
Thfs instrumart Recodui if 7 1911
Insert: MOE M. AM tE021001 HAMILTON COUNTY, I ND.
This easement is not intended to and shall not be construed as
MTH. PEARCE BARR surrendering, waiving or affecting in any way Grantor' and /or
ATTORNEYS AT LAW his assigns' rights to construct street or streets for access to
EVENTx x LOGAN STREETS and from street commonly known as 12 6thth Street, in Hamilton
DBLESVILLE. INDIANA 46060 y
317 773 -4212 County, Indiana, ,over and across the real estate described herein.
2
BOOK PAGE 496--
1
arise during the period of this grant resulting from the entry
upon said right -of -way by Grantee or anyone on behalf of Grantee
and it is expressly agreed that no vehicles will be used to make
tracks or other indentations on the surface thereof unless such
use of heavy vehicles is absolutely necessary and required by
Grantee in the maintenance of said water line or any other
facility thereon.
It is mutually agreed that in the event it becomes necessary
for Grantee to go upon the right -of -way at any time after the
original installation, that Grantee will notify Grantor of such
need so that the parties may mutually agree upon an access route
which would be the least harmful and the easiest to restore to
normal conditions.
If at any time the damage to Grantor's property is not mutu-
ally agreed upon, such damage shall be ascertained and determined
by three (3) disinterest persons, one to be appointed by Grantor,
one to be appointed by Grantee, and the third to be chosen by the
two so appointed. The written award by such three persons shall
be final and conclusive.
This grant shall be binding upon the successors and assigns
of the parties hereto and the undersigned hereby states that he is
a partner of Justus Investment Company, and as such partner has
the right to execute this Right -Of -Way Grant For Water Line for
Justus Investment Company and hereby states that he executed same
as his free act and deed and the free act and deed of Justus In-
vestment Company.
IN WITNESS WHEREOF, the Grantors have hereunto set their hand.
and seals on this ?5th day of February 1974.
JUSTUS INVESTMENT COMPANY
This �r J 1LZ
ME M. IOD953, RECORDER HAMILTom COUNTY, MD. BY:
WALTER G.(JUSTUS, General Partner
MITH. PEARCE BARR
ATTORNEYS AT LAW
LEVENTH LOGAN STREETS
lOBLESVILLE. INDIANA 46060
317 773 -4212
3
BOOK 141 a r m 4
STATE OF INDIANA
SS:
COUNTY OF M-HIft
MARION
On this 25th day of February 1974, before me personally
appeared Walter G. Justus who being by me duly sworn did say that
he is a member of the partnership of Justus Investment Company
composed of WALTER E. JUSTUS AND WALTER G. JUSTUS, General
partners, and acknowledged that he executed the same as his free
,act and deed and as the free act and deed of said partnership.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
;my offical seal at my office in Indianapolis, Indiana
the day_and year first above written.
Notary Pub /lc Kay King
My Commission Expires:
3/21/77
This fnstruimeit Recorded Wit .2 7 ig_Zy RECEIVED FOR RE ORR
JUNE J. 1E 32E4 RECORDER HAMILTON COUNTY, IND.
AT//: 4%0 O'CLOCK
FEB 2 71974
BQOK PAGE
RECORDER HAMILTON COUNTY. INDIANA
This Instrument prepared by John S. Pearce, Attorney At Law,
SMITH, PEARCE BARR Eleventh and Logan Streets, Noblesville, Indiana 46060.
ATTORNEYS AT LAW
ELEVENTH LOGAN STREETS
NOBLESVILLE, INDIANA 46060
317- 773-4212