Gray - Justus Investment/Lumber Mart, Inc. GRANT OF EASEMENT
THIS EASEMENT made this 3 day of
1974, by and between JUSTUS INVESTMENT COMPANY and LUMBER MART,
INC. (hereainafter called "Grantors and THE TOWN OF CARMEL
(hereinafter called "Grantee
WITNESSETH:
For and in consideration of the mutual covenants set
forth and other valuable considerations, the receipt of which
is hereby acknowledged, Grantors for himself, herself, itself,
themselves, his, her, their administrators, successors and
assigns, does hereby grant, bargain, sell, convey and warrant
unto the Grantee, its grantees, successors and assigns, forever
a perpetual right of way and easement with the right, privileges
and authorities in Grantee, its grantees, successors and assigns
to enter upon, dig, lay, erect, construct, install, reconstruct,
renew and to operate, maintain, replace, repair and continue
a sewer line, including, but not limited thereto, main, submain,
local, lateral, force, and interceptor sewer as a part of the
Grantee, Town's System and Works for the collection, carriage,
treatment and disposal of the waste and sewage of said Town,
as shall be hereafter located and constructed into, under, upon,
over and across the following described real estate and premises
owned by the Grantors and situated in the County of Hamilton,
State of Indiana, towit:
Easement #1 as designated on Exhibit "A" attached
hereto and made a part hereof,
0 t? e
Grantee, its successors and assigns shall have the right to
enter along, over and upon said easement to repair, relocate,
service and maintain such sewer, at will, and to make such
alterations and improvement in the facilities thereof as may
be necessary or useful and to remove from the extent of the
right of way any encroaching trees, buildings or other obstruc-
tions to the free and unobstructed use of such easement, and
to build and maintain all necessary intakes, catch basins and
other devices incident to such sewers, and shall have the
right of ingress and egress only over adjoining premises and
lands when necessary and without doing damage to such adjoining
land and only for temporary periods, and shall not otherwise enter
upon the lands adjoining said easement.
Grantee covenants that in the installation, maintenance
or operations of its sewer and appurtenances under, upon, over
and across said tract of land in which perpetual easement is
hereby granted, it will restore the area disturbed by its work
to as near the original condition as is practical.
Grantors herein covenant for themselves, their grantees,
successors and assigns that they will not erect or maintain any
building or other structure or obstruction on or over said
sewer and appurtenances under said tract of land in which
perpetual right of way and easement is hereby granted, except
by express permission from the Grantee in writing and in
accordance with the terms thereof, and which permission when in
writing and recorded shall run with the real estate. A map
-2-
t
W Xi Y J
showing the route, courses and distance through the above
premises and land and with the right of way is attached hereto,
made a part hereof and marked Exhibit "A Lumber Mart, Inc.
covenants that it is the fee owner of the real estate through
which Easement #1 passes as designated on Exhibit "A and
Justus Investment Company and Lumber Mart, Inc. covenant that
Justus Investment Company is the contract buyer of the real
estate through which Easement #1 passes, and the Grantors
covenant that they have the right to grant and convey the
foregoing easement, as their respective interests appear, and
that they guarantee the quiet possession thereof, and that
said real estate is free from any and all encumbrances, except
the following:
1. Current taxes.
2.
3.
and that Grantors will warrant.and defend Grantee's title to
said easement against all lawful claims.
IN WITNESS WHEREOF, the Grantors have hereunto set
their respective hands and seals the day and year first above
written.
JUSTUS INVESTMENT COMPA Y
�r
By 1 -44 4
LUMBER MART, INC.
By
G G
-3-