Carmel Drive - Shell Oil Company Mr CAR -M E1.. !41 p.PTPVt
a ,i
�q
II�6 EASEMENT AGREEMENT
32
PAGE_ 1 v_
THIS AGREEMENT, dated O GT O 3 E R 7 1969, between SHELL
OIL COMPANY, a Delaware corporation with offices at 50 West 50th Street, New
York, New York, 10020 (herein called "Grantor and the TOWN OF CARMEL,
INDIANA (herein called "Grantee
WITNESSETH:
Grantor, for consideration received, hereby grants to Grantee and its
successors and assigns, without warranty, an easement to construct, maintain,
operate, inspect, repair, replace and remove utility lines for the transmission
and distribution of municipal utilities in and under the following described
land situated in the County of Hamilton, State of Indiana, to -wit:
A 10 -foot wide strip of land across the North line of the following
described real estate:
Part of the West Half of the Southeast Quarter of Section 24,
Township 18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows: Beginning at a point
on the West line of said Quarter Section 2366.75 feet North of
the Southwest corner thereof; thence North along said West
line 266.45 feet to the North line of said Southeast Quarter;
thence East along the North line of said Quarter Section 307.65
feet to the Westerly right -of -way line of the Chicago, Indiana-
polis and Louisville Railway (Monon Railroad); thence South
easterly on and along said Westerly right -of -way line which
bears South 33 degrees 18 minutes 20 seconds East 314.26 feet
to a point; thence West parallel with the North line of said
Southeast Quarter 480.26 feet to the place of beginning, con-
taining 2.40 acres, more or less.
TO HAVE AND TO HOLD such easement and rights unto Grantee and its suc-
cessors and assigns, so long as the same are continuously exercised; subject
always, however, to the following conditions and covenants:
1. This grant is subject to all easements and encumbrances of record.
2. Grantor reserves the right to use and enjoy Grantor's land in all
ways not inconsistent with the easement and rights herein granted, including
the right to plant trees on the easement area.
3. Grantee shall indemnify Grantor against all claims, losses and
liabilities which Grantor may sustain or be subject to, caused, either wholly
or partly, by construction, presence, maintenance, operation, inspection, repair,
replacement or removal of said utility lines or any act or omission of Grantee
or its employees or contractors in exercise of or in connection with the ease-
ment and rights hereby granted. Grantee agrees to be responsible and pay for
all damages caused by the construction, operation and maintenance of its fac-
ilities on Grantor's property.
4. If Grantor's operations on its above- described land or construc-
tion of improvements thereon renders it necessary, in Grantor's sole judgment,
Grantee, at its sole risk and expense and on thirty (30) days' written notice
from Grantor, shall relocate its utility lines on said premises or make such
other changes therein as Grantor may deem necessary to avoid interference with
such operations or to accommodate such improvements.
5. For construction purposes, Grantee shall have the right to use a
maximum of five (5) feet to the south of the easement area for purposes of in-
gress and egress.
6. If any fence is removed during initial installation of the sani-
'“ary sewer line or any subsequent repair to the line, the fence will be re-
:'-:placed when the installation or repair is finished and each day when construc-
tion stops for the day, Grantee or its agents will close any opening in the
fence_with some type blockade to protect against unlawful entry during the
nighttime.
r
Page 2
mWaa__ 232 _..106
7. Grantee's agents doing the installation of lines or later repair
will not remove their equipment from the job until it is inspected and approved
by grantor's representatives.
8. As part of the consideration for this easement, Grantors or their
assigns shall have the right to one (1) connection to the sanitary sewer line
with a tap fee or connection charges in the agreed amount of $82.40.
9. This Agreement shall bind and inure to the benefit of the respec-
tive successors and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, this Agreement is executed as of the date first
herein written.
AT-TT,EST�: D SHELL OIL COM'ANY
M. A? .'ice i S R. A. arvey Manager
Products Pipe Lines
7
ATTEST: TOWN OF CARMEL, INDIANA
14.F• .z Ir.ISAGtsTeR Clerk Treasurer WILLIR1.q C-' Pl�rr Iso�1" president
ACKNOWLEDGMENT BY CORPORATION
i
STATE OF INDIANA)
SS.:
COUNTY OF MARION)
Before me, a Notary Public, in and for the said County and State, per-
sonally appeared R. A. Harvey, known to me to be the person who as Manager, Pro-
ducts Pipe Lines respectively, of Shell Oil Company, the corporation which exe-
cuted the foregoing instrument, signed the same and acknowledged to me that they
did so sign said instrument in the name and on behalf of said corporation as such
officers respectively; that the same is their free act and deed as such officers
respectively, and the free and corporate act and deed of said corporation;,'`tl
they were duly authorized' thereunto by its board of directors; and that; the,:.eee•L
affixed to said instrument is the corporate seal of said corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and- f i e
my official seal at Indianapolis, this day of 0 r T rC; A Q
ROBERT R. STALCUP, Notary Pubua
My Commission expires: My Commission expires Max. 8, 1970 K Q
Notary Public" 'i,1`
STATE OF INDIANA SS.: This Instrument Recorded
COUNTY OF HAMILTON CHARLOTTE E. HALL, RECORUER HAMILTON COUNTY, IND.
Before me a Not4.ry Publ c, and for the said o m y 'd State, per
sonally appeared /./.,C a;,., r and 7 -1 2 .�92 1-Qe &S
known to me to be the persons who as /2,e../ -President and C?.. I! :a-
spectively, of the Town of Carmel, Indiana, the town which executed the fore-
going instrument, signed the same and acknowledged to me that they did so sign
said instrument in the name and on behalf of said Town as such officers respective
ly; that the same is their free act and deed as such officers respectively, and
the free and corporate act and deed of said Town; that they were duly authorized
thereunto by its board of directors; and that the seal affixed to said instrument
is the seal of said Town.
IN TESTIMONY WHEREOF, I have hereunto subsjibed my na ad ffixed
my official seal at /d d R m this l0 'day of e,/ 1969.
My Commission expires: 2- 7
D4VIS otary Public
THIS INSTRUMENT PREPARED BY R. A. IHARVEY t
ti