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Old Meridian - St. Vincent (7) 8615377 't/ ASSIGNMENT AND TRANSFER OF EASEMENT Ej11'� S"\ This instrument witnesses that St. Vincent Hospital and Health Care Center, Inc. (hereinafter "the Assignor in consideration of the sum of One Dollar (11.00) 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 John Earl Ellis and Margaret Mae Ellis (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 July 11, 1984, and was recorded in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 86 -07765 on May 8, 1986. 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 /a day of J ?%fit, 1986. J ST. VINCENT HOSPITAL AND HEALTH This Instrument Recorded CARE CENTER, INC. Mary L. Clary Recorder, J3G order I'lamilton County, Ind. By: Bain J. Orris, Pre ide t r ATTEST r�> 30 Printed "q J v -r o, Title Se.,;ar .'c e AP:(- r H C7 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. 0 ..0 0 co 1 irc___i,'AG Lan.. reTh IN WITNESS WHEREOF, the Assignee has caused this instrument to be duly executed this X., day of zr ,•1986. CITY OF CARTEL, INDIANA B fiy• J ,ne A Reima Mayor By: 4ill Billy %alker, Member, Board of Public Works By: i1 r Fred Swi t, too, ber Board of PubJ1c Works ATTEST: 4 0 Dorothy J. I 'neoc Clerk Treaser, 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 ‘)d. L i.(Cr'.,i.t.'- to me known and to me known to be the President and 6,01 (./C;2/Vettf respectively,•of St. Vincent Hospital and Health Car�e(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 /Y of /0? 1986. ke _6-u 4 L(.0 c'.(:::. ...F.? (J Notary Publ c hr-,, 1 1 *71-(stlYYk n Printed Resident of 7} fril-�i County. L s. sl OCti0 ipi Expires: 2 STATE OF INDIANA 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 /Z day of 1/(i 1986. s•'' N0 N tart'' >ub1ic 'i 113 Printed 2 Resident of 477/LTV County. 7 My C Expires: I91��'i1 L. lvin %v 7 /76e Narni,icrT C..�,�;y P�arti:Pary Cc rnmission CxP.ros• Nov. 1988 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 tf) OK t QAGL r s PROJECT St. Vincent PARCEL NO. 012. Page 1 of 3 Pages GRANT OF SEWER EASEMENT THIS INDENTURE made this day of 1984 by and between John Earl Ellis and Margaret Mae Ellis 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 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 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 at the Northeast corner of the Northwest Quarter of the Northeast Quarter of said Section 25; thence running North 90 00'00" West (assumed bearing) on and along the North line of said Section a distance of 12.0 feet lo the point of beginning of said centerline. Thence runnng 2 South 00 00'00" East a distance of 255.00 feet; the2ce 'r7 running South 45 12'30.0" West a distance of 158.59ee G thence running South 64 31'57.0" West a distance o15 170.39;D M feet to the South property line of this parcel, coaiig 0.27 acres, more or less. Subject to all rights -oaQ ofd' record. min D rri CZ 0 Cm TEMPORARY CONSTRUCTION EASEMENT Also a Temporary Construction Easement described as follows: A strip of land 30 fet wide and running parallel and adjacent to the west side of the above described Permanent Easement, containing 0.45 acre, more or less. Subject to all rights -of -way of record. The above described temporary construction easement will revert to the grantor upon completion of the sewer construction EXHIBIT "A" 0 300 g‘ 'A kzE,_,, 223 PROJECT St. Vincent PARCEL NO. 012 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. N/A:, 3. /4 /A 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. S. ea1) /'�n ✓�i L� �Lt, 5eal) S) nature Signal re 0 rinte. Name Pr ted Name) S eal) /���GE G ti0 ((LLZ6a S Signatu e) 6 I I J i E //f s Trinted Name Prin ed Name) PROJECT St. Vincent PARCEL NO. 0.12 Page 3 of 3 Pages State of Indiana County of Hamilton On this 4.17 day of JU /j/ 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 J6/ 19 84 -aE I i i i i� This Instrument Recorded .1986 o t r y Pub ic 1 W. L. Chit, Recorder, Ilamilton County, Ind. i� 1 %i1 C SG ooh Printed Name Resident of 7)4.,e /o.V County, T (;..".p ,bvrq My Commission Expires A40 1/8 1- 7 1 This instrument prepared by L. Richard Gohman, HALL, RENDER, KILLIAN, HEATH LYMAN, Suite 1100, Box 82064, One American Square,, Indianapolis, IN 46282. Telephone: (317) 633 -4884.