3rd St SW/Mohawk Road - Mueller, Helen/ErichI
6' J IP
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DEDICATION OF PUBLIC RIGHT OF WAY T O THE
TOWN OF CARMEL, INDIANA
THIS INDENTURE WITNESSETH: That for and in consideration of the
sum of One Dollar ($1.00), the receipt of which is acknowledged, HELEN
MOFFITT MUELLER and ERICH O. MUELLER, her husband, do hereby
DEDICATE, GRANT AND SET ASIDE, in perpetuity, to the TOWN OF CARMEL,
INDIANA and to the general public, for a public street and right of way the
following described property in Hamilton County, State of Indiana, to -wit:
part of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Beginning at a point 1154.35 feet West of the Northeast corner
of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East and on the North line of said Quarter Section,
which point is also 381.35 feet West of the West right of way
line of the Monon Railroad; thence West along said North line
50 feet; thence South parallel to West right of way line of the
Monon Railroad 1188 feet to the South line of Helen Mueller's
property; thence East on and along said South property line
50 feet; thence North parallel with the West right of way of
the Monon Railroad 1188 feet to the North line of said Quarter
Section and the place of beginning.
At any time it should become necessary for grantee to excavate within
said 50' right of way for installation of utility lines, grantee or its agents
will back fill and restore said surface area to the condition equal to that
existing prior to such excavation. Lf fences are damaged, they will be
restored to the condition existing before damage occurs. If field tiles are
damaged or cut, they will be replaced before back fill. There will be no
assessment of any kind or character against the grantors or their assigns
in connection with the installation and /or operation of utility lines which may
be installed within said right of way. However, before connection to any main
line or interceptor, the developer or connector thereto shall pay such
connection charges as are required by the appropriate ordinance within the
Town of Carmel, as is then required for all other similar connections.
Surface water flow will not be changed by any installation of the Town of
Carmel and if the Town of Carmel or a developer constructs a street within
said right of way, appropriate pipes or conduits will be incorporated to
preserve the east -west drainage if such street is elevated or, if depressed;
such flow will be carried to the appropriate storm drainage system so as
not to injure grantor's land. Such street will contain curbs without side
ditches. Access to any street constructed will be either from the 3d St.
S.W., from Mohawk Road extended, or from an existing access road which
crosses the Monon Railroad south of grantor's property.
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 grantors. Grantee, its agents and the agents
for any other utility shall stay within the 50' right of way and shall park no
equipment or machinery outside said right of way overnight.
LN WITNESS WHEREOF, Helen Moffitt Mueller and Erich O. Mueller,
her husband, have this day caused this Dedication of Public Right of Way to
be executed and delivered this A d. day of September, 1970.
STATE OF INDIANA
SS:
COUNTY OF MARION
11 1 ,1
(Helen Moffitt Mueller
Erich O. Mueller
Before me, a Notary Public in and for said County and State, personally
appeared Helen Moffitt Mueller and Erich O. Mueller, her husband, who
acknowledged the execution of the foregoing EASEMENT TO THE TOWN OF
CARMEL, INDLANA to be their voluntary act and deed.
,WITNESS THEIR HANDS AND SEALS THIS o,, OF SEPTEMBER, 1970.
ilF_gEni ;',n1B
CAT
SEP 25 1970
239. app 3_
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This instrument prepared by Leroy K. New, Carmel Town Attorney
1
/7
Notary Public