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Old Meridian - St. Vincent (2) .coo A r".c 243 8615381_ A OP ASSIGNMENT AND TRANSFER OF EASEMENT This instrument witnesses that St. Vincent Hospital and Health Care Center, Inc. (hereinafter "the Assignor in consideration of the sum of One Dollar ($1.00) and for other valuable considerations, the receipt of which the Assignor hereby acknowledges, hereby assigns and transfers to the City of Carmel, Indiana, (hereinafter "the Assignee all those easements and other rights that were heretofore acquired by the Assignor from Louise Brooks, Richard B. Smith and Janet C. Smith (hereinafter "the Grantors and are described in an instrument that is entitled "Grant of Sewer Easement" which was executed by the Grantors under date of September 6, 1984, and was recorded in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 85 2753 on March 5, 1985. A copy of the Grant of Sewer Easement is attached hereto and marked as Exhibit "A" which by this reference thereto is incorporated in and made a part of this instrument. IN WITNESS WHEREOF, the Assignor has executed this instrument on this day of 1986. ST. VINCENT HOSPITAL AND HEALTH CARE CENTER, INC. This Instrument Recorded 1986 1 County, Ind. 9 By: Bain J. arris, President ry ATTEST: jai Printed ft,u/ A• ✓9ver. Title J'i�e. t 8ra ACCEPTANCE OF ASSIGNMENT The City of Carmel, Indiana, hereby accepts assignment of the foregoing easement as the Assignee and agrees to perform and abide by all covenants and conditions therein provided to be observed by St. Vincent Hospital and Health Care Center, Inc., the Assignor. IN WITNESS WHEREOF, the Assignee has caused this instrument to be duly executed this /6 day of 1986. CITY OF CARt•IEL, INDIANA 10/ 1°1111° BY: ne A. Rei n, Mayor By: ,I Bill/ Walker, Member, Boa 4 of Public Works By: Fred Sw'ft, t fir Board of Pub is Works ATTEST: Dorothy J .:;)Hancock Clerk- Treasurer, City of Carmel STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public in and for the State of Indiana, personally appeared Bain J. Farris and l} �r,(t�_c..�. P Y PP to me known and to me known to be the President and ifkt,.. Li(if i1Z(et respectively, of St. Vincent Hospital and Health Care Center,' Inc., who acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said corporation and of themselves, as such officers, for and on behalf of said corporation. WITNESS my hand and Notarial Seal this /day of WA,(�- 1986. r ,SPY F `6 Atha_ C X 4,1 L- C 40 Notar Public .SEAL L e i f (/37 7 Printed Resident of /)la- 2U2L County. NDIAN My"Ctiinmission Expires: /C d r C /6 -2- STATE OF INDIANA 4 $.AGE .,.2,45 SS: COUNTY OF HAMILTON Before me, a Notary Public in and for the State of Indiana, personally appeared Jane A. Reiman, Billy Walker, Fred Swift and Dorothy J. Hancock, to me known and to me known to be officers of the City of Carmel who acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the city and of themselves, as such officers, for and on behalf of said city. WITNESS my hand and Notarial Seal this /G% day of JUL/ 1986. Nd ary PObl i c V!,C l ti' X 1/ 77 o Printed :7 1 �r C Resident of 'J //c. TGsci County. q fission Expires: e.. o a! i ..1 This instrument was prepared by L. Richard Gohman, Hall, Render, Killian, Heath Lyman, P.C., Suite 1100, Box 82064, One American Square, Indianapolis, Indiana 46282. Telephone: (317) 633 -4884. 3 41 t, ID K.)0 2 rn PROJECT St. Vincent PARCEL NO. 029 Page 1 of 3 Pages &S 2753 GRANT OF SEWER EASEMENT THIS INDENTURE made t h i s c day of Sr'p71 1984 by and between Louise Brooks, Richard B. Smith and Janet C. Smith of the County of Hamilton State of Indiana, hereinafter called "Grantors and the St. Vincent Hospital and Health Care Center, Inc. hereinafter called "Grantee, WITNESSETH: That for and in consideration of the mutual covenants herein set forth and other valuable considerations, the receipt of which is hereby acknowledged, the Grantors for himself, herself, itself, them- selves, 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, priviledges and authority in Grantee, its Grantees, Succesors and Assigns, to enter upon, dig, lay, erect, construct, install, reconstruct, renew, and to operate, maintain, patrol, replace, repair, and continue a sewer line including, but not limited to, main, sub -main, local lateral, outfall, force and inter- ceptor sewer, as a part of the Grantee's system and works for the collection, carriage, treatment and disposal of the waste, sewage, garbage, storm water, and refuse of said Grantee, as shall be here- after 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, to -wit: PERMANENT SEWER EASEMENT A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, State of Indiana, described as a 20 foot wide strip of land, 10 feet each side of a centerline described as follows: Beginning at a point on the south line of said Section 24, 1295.1 feet from the Southeast corner thereof. Thence running north 00 00' 00" East (assumed bearing) and parallel to the West property line of this parcel a distance of 397.0 feet; thence running North 58 35'30" East a distance of 340 feet, plus or minus to a point 10 feet West of the West right -of -way line of the Monon Railroad; thence running Northwest and parallel to said right -of -way a distance of 310 feet containing 0.5 acres, more or less. Subject to all rights -of -way of ':j -.record-. TEMPORARY CONSTRUCTION EASEMENT LL. i L LI ^i� :the following described Temporary Construction Easement is for =initial construction purposes and shall be effective from the date granted until construction of said sewer system is completed and accepted by Grantee or until two (2) years from date whichever is earlier, at which time all rights and privileges to the Temporary Construction Easement shall terminate and all interests herein granted shall revert to Grantors: A strip of land 30 feet wide and running parallel and adjacent to the right side of the easement described as 397.0 feet by 20 feet in the above description. Also a strip of land 30 feet wide and running parallel and adjacent to the left side of the remaining permanent easement as described above, containing 0.7 acres, more or less. Subject to all rights -of -way of record. This Instrument Recorde& Mist..U\ 4\ 5 1985 Mary L. Clark, Recorder, Hamilton County, Ind. EXHIBIT "A" o 2 562 ESOOI< 2 PAGE PROJECT St. Vincent PARCEL NO. 029 Page 2 of 3 Pages The Grantee, its Grantees, Successors and Assigns shall have the ight to enter along, over and upon said easement to repair, relo- cate, service and maintain such sewers, at will, and to make such alterations and improvements 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 obstructions 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 lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said easement. Grantee covenants that, in the installation, maintenance or operation 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 practicable. 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. Grantors hereby covenant that they are the owners in fee simple o f said real estate, are lawfully seized thereof and have a good ight to grant and convey the foregoing easements therein; that they guarantee the quiet possession thereof, 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 respec- tive hands and seals the day and year first written above. (Yyri 07) 4 '1 (Seal) Seal) Si ature Signature Pr17377d Name) 7 Name I1 •44 (Seal) (Seal) gnature N/ 771 ,m- T C. �A1 J (Printed Name Z Printed Name) BOO 4. 'A^ 3 X63 PAGE PROJECT St. Vincent PARCEL NO. 029 Page 3 of 3 Pages State of Indiana County of Hamilton I;ccorded 1906 Mary L. Clark, C:ecorder, 11ami;[on County, Ind. On this day of SC /27 19 84 before the undersigned, a Notary Public in and for said County and State, personally appeared the Grantors herein, who acknowledged the execution of the above and foregoing conveyance to be (his) (her) (their) voluntary act and deed. WITNESS my hand and Notarial Seal this day of SEpTEoe$AR 19 84 AVIV, Notar Public SEAL _52,9 Printed Name Resident of A4,Q1C/o.�! NDI %�NP. County, L.14.4aw4,4-/A My Commission Expires 1./.�'/, 9 /q� This instrument prepared by L. Richard Gohman, HALL, RENDER/ KILLIAN HEATH LYMAN, 3921 N. Meridian, Suite 200, Indianapolis, IN 46208 This Instrument Recorde 1985 Mary L. Clark, Recorder, Hamilton County, Ind.