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HomeMy WebLinkAboutCool Creek North - Coppinger, Harry/Barbara a 9023667 �?j l I STORM DRAIN EASEMENT We, Harry---J.- and Barbarrla Aa Coppin'ger husband and wife, of 326 Fourth Court West, City of- ea-rme'l; County of Hamilton, State of Indiana, owners of the land described below, in consideration of one dollar ($1.00) receipt of which is acknowledged, hereby grant, bargain and convey to the City of Carmel, Hamilton County, Indiana, i grantee, an easement and right of way for a storm drain, hereinafter more particularly described, over and across lands owned by us situated in the City of Carmel, County of Hamilton, State of Indiana, and more particularly described as follows: Lot #87 in Cool Creek North Section Four, an addition to the City of Carmel, Indiana, as per plat thereof recorded in Plat Book 5, page 52, in the Office of the Recorder of Hamilton County, Indiana. The easement here established is for the purpose of maintaining storm sewer across the above described land, such easement being described as follows: Seven and one half (7 1/2) feet by parallel lines off the extreme northwest side of Lot #87 in Cool Creek North Section Four an addition to the City of Carmel, Indiana, as per plat thereof, recorded in Plat Book 5, page 52 in the Office of the Recorder of Hamilton County, Indiana. The City of Carmel covenants that no trees on the above described property will be removed without prior notification to the owners. Carmel will also restore the land and earth that is moved as nearly as possible to its original condition, all at Carmel's expense. Owners shall be entitled to use the land covered by the easement hereby granted in a manner such as will not interfere with the use and operation of the storm drain and may construct a fence over and upon the easement hereby granted at their discretion; in the event that it becomes necessary for the City of Carmel in the course of its duty to maintain the easement hereby granted, to remove all or any portion of any fence so constructed, or in the event that any such fence is damaged during the course of such maintenance, then the City of Carmel at its expense shall restore or replace such fence to the condition existing prior to the time that such maintenance was undertaken. The City of Carmel, or its successors or assigns, shall indemnify and save harmless the owners, or their assigns, form and against all liabilities, injuries, losses, claims, demands or costs asserted against or incurred by owners, including, but not limited to, reasonable attorneys' fees, as a result- of any claim by any other party arising out of or by reason of the installation, construction, operation and maintenance of the easement hereby granted or the storm drain located located thereon. Dated: re.� /990 Harry J o "ge' Barbara A. Coppin STATE OF INDIANA SS: COUNTY OF 7DAeth/) Before me, a Notary Public in and for said County and State, personally appeared Harry J. and Barbara A. Coppinger, who executed the foregoing Storm Drain Easement and stated that the representations contained therein are true to the best of their knowledge. 41 11 Yy Wk-V___ Notary Public My Commission Expires: 7-04- 4- 4 Pt: Qnq ,O H C, L c.tC PS My County of Residence: 722 REVIEWED !S'OFFIC� COUNTY AU DITOR a ac n 7��'I t� R 19-26 CITY OF CARMEL Dorothy J. Hancock, Mayor Ar Bill Walker, Member Boar of Public Works avid Taylor, Board of Pub Works ATTEST: ,C aez- Cam/ Z�i� Susan Jones A Clerk- Treasurer This instrument prepared by Stephen K. Andrews Bleecker, Brodey Andrews Cohen 2506 Willowbrook Pkwy /312 Indianapolis, IN 46205 c r O r~ i CD N