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April 3, 1998
William K. Wiggam
Carmel Welding
550 South Range Line Road
Carmel, Indiana 46032
Re: Easement Vacation and Indemnification
Dear Mr. Wiggam:
Enclosed is a copy of the agreement of the City of Cannel's vacation of the easement on your
property. The Recorder's Office can help you with questions about how the document was
recorded. Simply call the office at 776 -9618, and be prepared to give the instrument number
written on the upper right corner of the document.
We will keep the original in our office. If you have any other questions please call me at 571-
2413 in the Carmel Clerk- Treasurer's Office.
Sincerely,
Y
Rebecca L. Wolf
Deputy Clerk
�cc file
l. ._enc- losure: copy of signed document
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400
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a CROSS REFERENCE
Instrument
9709726994
THIS VACATION OF EASEMENT refers to a waterline easement that was
recorded June 23, 1955 as shown in Deed Record 144, Page 262 in the Office of the
Recorder of Hamilton County, Indiana (the "Easement
EASEMENT VACATION AND INDEMNIFICATION
WHEREAS, the City of Carmel, Indiana "City is the grantee of said Easement; and
WHEREAS, located within the Easement is a cast iron water main that is no longer of use
to City; and
WHEREAS, William K. Wiggam has requested that the Easement be vacated; and
WHEREAS, the City of Carmel, Indiana, has agreed to the vacation of said Easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and pursuant to the terms and conditions
herein stated, the City of Carmel, Indiana hereby vacates the Easement described in
Exhibit A, which is attached hereto and incorporated herein by this reference.
As a material inducement to the City to enter into this Easement Vacation, William K.
Wiggam shall indemnify and hold harmless City and'its officers, officials, employees,
agents, assigns and legal representatives from any and all losses, liabilities, claims,
judgments and liens, including, but not limited to, all damages, costs, expenses and
attorney fees which may arise or be incurred directly or indirectly from or as a result of
the existing cast iron pipe and/or any other underground improvements contained within
the Easement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument this ta/ day
of sJu 1997.
CITY OF CARMEL, INDIANA WILLIAM K. WIGGAM:
by and through its Board of Public
Works and Safety:
BY:
,cam/ Willia K. Wiggam
Jaes Brainard, Mayer Date: �-G S' g 7
late: i
4A.. _A 709726994
Ma- Ann orke, Me er Filed for Record in
Date: HAMILTON COUNTY, INDIANA
MARY L CLARK
On 07 -07 -1997 At 14 1 :15 am.
VACATION
J i Y
Billy Walker, M; ber
Date:
ATTEST:
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Diana E$rliray i 1 urer
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STATE OFLINDIANA
SS:
COUNTY OF HAMILTON
Subscribed and sworn before me, a Notary Public in and for said County and State,
personally appeared members of the Board of Public Works and Safety of the City of Carmel,
Indiana and William K. Wiggam, and being first duly sworn, acknowledged the execution of the
foregoing Easement Vacation and Indemnification.
Given under my hand and seal of office, this day
y da of 1997.
;k
[Seal]
Notary Public %IN, i i.--
0 d 1 i
Printed Name
Commission Expiration: t) g1
County of Residence:
This Instrument prepared by Douglas C. Haney, Assistant City Attorney, City of Carmel,
One Civic Square, Carmel, IN 46032
i J D I 1
P
-In consideration of 1312 DOLLAR ($1.00), the receipt of which is hereby
acknowledged, ws, FRANCIS SI'18 W100AK IJD VER1E K. WIOGAK, of Zionsville, Boons
County, Indiana, do hereby great to the !'am of Carmel, the right to lay, maintain
and operate an eight inch (8*) 'east iron pipe for the transportation of water though
the following described real estates
Our property consisting of approximately .82 acres located at the south
-•edge of Carmel an the west side of State Road 431 knwn as the Carmel 1
Welding Company and the Internsticnal Barrester Dealer, being described
on the tax duplicates ds a part•af the southeast quarter of the southeast i
quarter of emotion 25, Township 18, Range 3 North, in Hamilton Comity,.
This easement is LDQ16D to the south five feet (5') by parallel lines of
the above described real estate.
It is especially provided that all dannge to lawn, fences, sign, septic
or drains and the like caused by laying, maintaining and operating shall be paid by
the Town or Carmel, and that the condition of the ground, vhsn the installation is
completed, will be as good or better than at the date of this instrwsent.:
IN WI� b1
SS BCW, we have hereunto set our hands this )...N day oi`7
1955.
franc is Leith Wigan I J
Voris M. Wiggle
BUTT 01 INDIANA
cairn EAIQISCI r
IC,, the u;dereigneed, a Notary Public in and for said county, thin
7 3 day of June, 1955, appeal Francis Keith Wiggam and Verle H. Riggers and ac..
noadedgod the execution of the annexed easement and, being duly sacra upw oath
illt that the facts therein caatained are true and correct.
1 :e mass Ki HAND AND soma', SEAL.
s
1 lotary F is
:,f j on expires:
The above is a true copy record 19,.?
Elinbeth Clover, Recorder Ilan 'n Aunty.