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HomeMy WebLinkAboutRolling Acres - Walters, Charles/Alberta d WAr -Tir S Ur 4 n7- Sew s At s 4 ti'T 112 145 SEWER AND WATER EASEMENT TO THE TOWN OF CARMEL THIS INDENTURE WITNESSETH: That car /r (1 hereinafter called "Grantors for and in consideration of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, do hereby GRANT, QUITCLAIM AND CONVEY unto the TOWN OF CARMEL, INDIANA, hereinafter called "Grantee an EASEMENT and RIGHT OF WAY to lay or replace a sanitary sewer line to be used for the transmission of sanitary sewage, together with a water line with the right to maintain, operate, repair or remove the same on, along, in, upon or across the following described real estate in Hamilton County, Clay Township, Indiana, to -wit: SEWER AND WATER EASEMENT DESCRIPTION Utility Easement to cross Lot 5 and 6 in Charles E. Walter's Rolling Acres Resubdivision, an Addition in Hamilton County, Indiana as recorded in Plat Book 2, Page 34 and 35, in the Office of the Recorder, Hamilton County, Indiana, being more particularly described as follows: Commencing at the northeast corner of the southeast one quarter, Section 24, Township 18 North, Range 3 East; Thence west along the north line of said southeast one quarter a distance of 161.6' to the west right -of -way line of U.S. Highway#31; Thence, southwesterly along the west right -of -way line a distance of 493.33 feet more or less to the point of beginning on the southeast line of Lot 5, 90.5 j feet, more or less, southwesterly of the intersection of the line between Lots 4 and 5 with the west right -of -way line of U. S. Highway #31; Thence, southwesterly along the west right -of -way line a distance of 234. 17' more or less to right of -way marker; Thence westerly a distance of ten feet to a point; Thence, northeasterly ten feet west of and parallel to the west right -of -way line a distance of 224. 17' more or .+t. less to a point; Thence, northwesterly a distance of 130.0', U more or less to the intersection point of line between Lots 6 and 8 with the southwest line of Lot 5; Thence, north- easterly, a distance of ten feet to a point; Thence south- easterly, a distance of 140.0', more or less to the point of beginning. t r i 1t A ten foot wide construction easement shall run along the northwest side of the ten foot utility easement paralleling the westerly right -of -way line of U.S. #31 and to the northeast side of the ten foot utility easement running northwesterly across Lot 5. The temporary and permanent easement are set forth on tha arawing attached hereto, made a part hereof and marked "Exhibit A The sewer, line<referred to herein shall be and remain buried to a depth of feet from the surface so as not to interfere with the normal use of said property by grantors, including driveways and other access use. At any time it should become necessary for grantee to excavate to reach said pipeline, grantee or its agents shall back fill and restore said surface area to the condition equal to that existing prior to such excavation. When the sewer lline ;is first laid, grantee shall restore the surface, including but not limited to sod or grass, trees or shrubs which may be damaged thereby to a condition at least equal to that now existing. While grantee or its agents are on grantors' property, grantee agrees to protect and hold grantors harmless for all personal injury claims sustained or claimed by any person or persons whomsoever in connection with such entry while on the property of the grantors. This easement shall run with the title to the land described above and grantee agrees, as part of the consideration for this easement, that grantors or their assigns shall have the right to one (1) connection to said sewer line without tap fee or other connection charges. IN WITNESS WHEREOF %1 f r f: (I /1/,12/ i(a t AS GRANTORS have caused this easement to be executed and delivered A this day of ,l( C f 1969. r STATE OF INDIANA GOOK 1 P 47, SS: COUNTY OF HAMILTON Before me, a Notary Public in and for. said County and State, personally appeared Charles E. Walter and Alberta Walter who acknowledged the execution of the foregoing EASEMENT TO THE TOWN OF CARMEL, INDIANA to be their' voluntary act and deed. WITNESS THEIR HANDS AND SEALS THIS 26th DAY OF March 1969. 2t Z ALI Kathleen R. Jones,l Notary Public My commission expires: April 24, 1972 This instrument prpared by Leroy K. New, Carmel Town Attorney -3- ,*.3.--..,,,,..-- .....e....77...m.....,,,,, YD E E: V/1 AS S OC I AlES% INC. SOUTH': 0 11 A BY A i i• r. A.5 DATE iri" SUBJECT 4 71i' ...4...A r e‘ SHE NO. r OF -Y CHKD. BY DATE ./..0 ?el./ A, e/ C '4 ef 414 24/P JOB' k). t j it x.. c 7. 1 6. e: //....‘7 I. 1. 1 S C .....A.: A-7 i 1 iv E ,,41 2 4, rig A/ R 3 E 1 i RA A/c:AA-4'r x ,...i f A 1-y_.k... 3 Iv I O 1 `N. a i 1 7'ivr r.v.4- :%1 1 '-iTh .+7' 4 ..-..rezzMf.v.., N r V 4 7 0 A I 1 0 (2/ Ot o lo t Q 0% yl C i514 'N .5 '0 0 i c 0 1 2 01 f b„ se 4 e I \N 1 1 1/\ C.'-- N 1 ci 0 V11161 1 1 ta I r t 1 v, I X (0, A, k: ;Jr uyli•I' 1 w 1 1 t:.,._, ,4Vog 1 te Al ‘4 VA ■A t f ..'1 ,,vo; k. ci k .4 1 A V 0 ,f e i s- N cs tki i I/// \s /4 f?"-'/EL Cz A4 E 7 rf e .1 c. This Instrument Recorded CeiJA-J- 19 4 CHARLOTTE E. HALL, RECORDER H MILTON COUNTY, IN -If