Old Meridian - St. Vincent (4) 861.5380 o"Avt a..
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
Mary B. Smith (hereinafter "the Grantor and are described in an
instrument that is entitled "Grant of Sewer Easement" which was
executed by the Grantor under date of September 6, 1984, and was
recorded in the office of the Recorder of Hamilton County,
Indiana, as Instrument No. 85 2751 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 j2,..,„ „7 1986.
ST. VINCENT HOSPITAL AND HEALTH
t CARE CENTER, INC.
'JC' l�'uJ
Mary L. i►ecordar, Ilainiion County, Ind.
By:
Bain J. •arris, PresWent
r C
T=
ATTEST n
7 1Lj. Printed f'y../ .9. ,9v Ef Title 50,,1 /Cr J G e
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 ,z 1986.
CITY OF CARtMEL, INDIANA
By: tq
e A. Rei .n, Mayor
ki of
B
:illyldalker, Member,
Board of Public Works
By: /N7 /Qe
Fred Swift, t' mber,
Board of Pu is Works
ATT,T:
.07 Ci ti
k)
Dorothy J. H,ncock,
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 4,t( a. a.
to me known and to me known to be the President and f� ..t. AN, c,
respectively, of St. Vincent Hospital and Health Care Centr,
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 L /a yLy 1986.
1 Notary Pub is
<So e. bro 1 li -u5h 0
SEAL Printed i
Resident of ark.., County.
Mij/(i mission Expires:
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2
a
STATE OF INDIANA B OOS° ---PAG P
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.
WIT ESS my hand and Notarial Seal this {1' day
of
I 1986.
i
,ti. C;F] N`tary"� ub1i
^1
di I /,yam' /L 1y4.) /,,/r','
1 1 2 Printed
Resident of Y/c 7I) County.
0
My "Ct mnri'ssion Expires:
A Z P'. 1 /1V11 1-tc;rii-:ii.r.::: 1,Lt::Ir
si
6
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
I
„„Th,
UOOK 5 �`�c)
_PAGE
PROJECT St. Vincent
PARCEL NO. 026
85 2751. Page 1 of 3 Pages
GRANT OF SEWER EASEMENT
THIS INDENTURE made this 6 day of 5A PrFie
1984 by and between Mary B. 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:
Commencing at a point on the East line of said Section 24, 888.75
feet North 00 00'00" East (assumed bearing) from the Southeast corner
thereof. Thence running South 88 42'50" West and parallel with the
North property line of this parcel a distance of 708.7 feet to the
point of beginning of this description, thence continuing South 88
42'50" West a distance of 380 feet plus or minus to the East
right -of -way line of the Monon Railroad, containing 0.17 acres, more
or less. Subject to all rights -of -way of record.
TEMPORARY CONSTRUCTION EASEMENT
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:
,strip of land 30 feet wide and running parallel and adjacent to the
r] l'ft, side of the above described Permanent Easement, containing 0.25
ij a- Gres= ore or less. Subject to all rights -of -way of record.
1.
This Instrument Recorded C1nl\A3— ern 5 1985
Mary L. Clark, Recover, Hamilton County, Ind,
.Ky
EXHIBIT "A"
4�.a.24 I_
BOOK
55
PROJECT St. Vincent
PARCEL NO. 026
Page 2 of 3 Pages
The Grantee, its Grantees, Successors and Assigns shall have the
right 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
of said real estate, are lawfully seized thereof and have a good
right 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.
777 v (Seal) (Seal)
S gnat re Signature) T
/ICIA a _S T/
Printed Name (Printed Name)
(Seal) (Seal)
(Signature) Signatur
(Printed Name) Prince Name
3 14 BO 'P GE_......�.�
55
PAGE
PROJECT St. Vincent
PARCEL NO. 026
Page 3 of 3 Pages
State of Indiana
This lnstrument Recorded
County of Hamilton ?^-•Carder, I Iamilton County, Ind.
On this day of .1E 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 GY day of 5E°YEw1$t,'
19 84
ck No t aky Public
Printed Name
Resident of
County, .7 NCO'$ ,v /a
My Commission Expires /YDc). 9 r /9g
This instrument prepared by L. Richard Gohman HALL, RENDER, KILLIAN,
HEATH LYMAN, 3921 N. Meridian, Suite 200, Indianapolis, IN 46208
This Instrument Recorded i S 1985
May L. Clark, Recorder, Hamilton County, Ind.