Old Meridian - St. Vincent (5) 86153'79 5 �,Boo 'A0 3
ASSIGNMENT AND TRANSFER OF EASEMENT 51�
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
Pro -Med, Ltd., an Indiana Limited Partnership (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 May 29, 1985, and was recorded in the office of the
Recorder of Hamilton County, Indiana, as Instrument No. 85 7229
;,';ii'-on June 4, 1985. Acopy 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 /2_ day of i`�,,,?a 1986.
ST. VINCENT HOSPITAL AND HEALTH
CARE CENTER, INC.
r
ils`i►,1rr'et)t Recorded 1988
'P:cor0r. Hamilton County, Ind x
By: ems.-•, ee'*-a m P -7
Bain J. r ris, Presz- }en CD
m ;t) 1;l
ATTEST:
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Printed P9.;./ /9. v�� c+3
z
Title 5 c?/)iOr /jcP rc6/ c -w/
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.
At B 4
00 1
INWITNESS WHEREOF, the Assignee has caused this instrument
to, be •duly 'executed this. l 6, day of 1986.
CITY OF CARMEL, INDIANA
By: r p
J•: A. Reima M.yor
X By: 1/
Billy lker, Member,
Board of Public Works
By:
y !��l,ZZCf/%.
Fred Swif Me'.er,
Board of Publ•Yc Works
ATTEST:
Y _ILD
Dorothy J. r cock,
Clerk -Treas er, 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 Aii,' 2
to me known and to me known to be the President and (kl:i,/;% '��.1a.t,i1
respectively, of St. Vincent Hospital and Health Care (tater,
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 /7T day
of 1986.
z, Notary Public
z. br��.�, 111.1. jI r1
SAL:: Printed
Resident of Yht,'),70... County.
Pi Cbmmission Expires:
2
j
STATE OF INDIANA
SS:
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 1/(41 1986.
N
N. ary. •ublic
Printed
e.. .••�I -4 Resident of //y/si/L.7Z,
�1
tiy''C,p S.a`fon Expires:
/0G L/. y 6(--rec' Marilyn L. Martin
lt+ra•si!cn U:1iy Notary
Ccrnrnis:icn L,;_ rc:3: Nov. Al, W38
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
85 7229 BOOK— r .AG y
r to 4
GRANT OF SEWER EASEMENT
809
3OOK PAGE
THIS INDENTURE made this c Q day of �777 1985,
by between Pro -Med, Ltd., an Indiana Limited•Partlership, of the
,County of Hamilton, State of Indiana, hereinafter ca led "Grantors
andNthe St'. Vincent Hospital and Health Care Center, Inc.,
hereinafter'called "Grantees
WITNESSETH:
That for and in consideration of the mutual covenants herein
set forth and other valuable considerations, as recited in the
Special Consideration Section, the receipt of which is hereby
acknowledged, the 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 authority in Grantee,
its Grantees, Successors 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 interceptor 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 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, to -wit:
PERMANENT SEWER EASEMENT
'A part of the Northwest..Quarter and part of the Northeast Quarter of
Section;` 25, '.'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 on the East line of the Northwest Quarter of Section 25,
Township 18.North, Range 3 East 777.80 feet South 00 07' 52" East
(assumed bearing) from the Northeast corner of said Northwest
Quarter; thence running South 00 07' 52" East on said East line
19.60 feet to a point 797.40 feet South of the Northwest corner of
the Northeast Quarter of said Section 25; thence running South 89
02' 38" East a distance of 507.00 feet to the point of beginning of
this description; thence running South 16 38' 43" West a distance
of 485.00 feet; thence running South 87 04' 16" West a distance of
940.04 feet; thence running North 65 59' 44" West a distance of
768.71 feet; thence running South 74 38' 26" West a distance of
34.20 feet to the West property line of said parcel, containing 1.0
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 one (1) year 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 above described Permanent Eastment, containing
1.5 acres, more or less.;' Subject to all rights -of -way of record.
Cleaning and.Removal of Waste and Debris The parties agree,that the
Grantee-shall remove any.and all brush, debris and waste material of
all. kinds and types caused by the construction of the sewer through
This lnskun ent Recorded 1985.
Mary L.` Clark, Recoider,`!a nillon County, Ind,
EXHIBIT ..A..
a; �VV 4 v �2 3 5
BOOK 2 �,OE R I._O
the permanent easement from the termporary easement site or the
'..permanent easement site immediately following. construction. The
.Grantees further agree :to restore the temporary easement site to as
near_ normal conditions'as can be practically done commensurate with
its reasonable use durincj construction.
The parties further agree that the Grantee, its contractors, agents
or employees shall not remove any major trees from the temporary
easement site duriny the course of construction nor thereafter. In
the event any trees are removed that are usable for any purpose,
including 'firewood, such trees shall be saved and stored on the
property of the Grantor adjacent to the temporary easement and shall
remain the property of the Grantor.
Maintenance and Repair of Permanent Easement The Grantee, its
Grantees, Successors and Assigns shall have the right to enter
along, over and upon said easement to repair, relocate, within the
permanent easement, 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 lands, and only for temporary periods,
and shall not otherwise enter upon lands adjoining said easement.
•1 General Covenants 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
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. Mortgage in favor of AFNII
and the Grantors will warrant and defend Grantee's title to said
easement against all lawful claims.
Special Considerations
As a part of this conveyance, GRANTOR and /or his designees are to be
allowed the right to have a reasonable number of taps (connections)
into the sanitary sewer line to be built on GRANTOR'S property,
.whether or not said line becomes a part of the City of Carmel sewer
system. That as a further part of the right to connect unto said
sewer line, the Grantors herein are reserved and do hold and retain
the right'toenter upon the permanent easement granted hereby for
the purposes'iof making such hook -ups, taps or connections as are
necessary.'
Also as a part of this conveyance, Grantee is to assure that a water
line main of 20 inches in diameter is extended from the Grantee's
is
-4 0 iim
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l:�' PA E
property to the Grantor's property and, as consideration for this
.conveyance, Grantee shall pay Grantor a sum equivalent to the cost
water line main:extension to Grantor's property.
1
1' IN WITNESS WHEREOF, the Grantors, Pro -Med, Ltd., an Indiana
Limited Partnership, by its General Partners, have hereunto sot
their respective hands and seals the da' and year first written
abov-
m f
'Inert E. u. h- j Ralph Ankney
Maza g General .artner General Partner
1:1-P
6 i a -i.e• L it' /6-0
E ene Van Hove Mason Goo•man
Ge eral Partner General Partner
•I:eTh
Brad ey D. ewis
i
General Partner This Instree
t r;;� Recorder Recordd Ilamilton County nd.
State of Indiana
ss:
LCounty of Hamilton
On this ,_;‘).9 day of Y7")a.c•1_ 1985, before the
•undersigned a Notary Public in and forO said County and State,
personally .appeared the Grantors, by its General Partners herein,
who acknowledged the execution of the above and foregoing conveyance
to be their'!voluntary act and deed.
WITNESS my hand and Notarial Seal this 9 -/-A day of 'id
1985. U
Ja ie L. Polk
ri- "-sident of Marion County, IN
t L7; This Inst rument Recorded 1 1985
.1 My &omission Expires: Mary L. Ciaric, Recorder, Ha Icon County, Ind.
1 June 26, 1987 C-
Vi A!.,.-:,,,---.- r D
-.2::: 3 r
Sr? �1 L3
Prepared By:
Robert E. Hughes
Attorney at Law
2 ,E.,. 106th:. Street, #120,
Indianapolis, IN..4628.0
it
3 -509.7