Cool Creek North - Borinstein, Norman/Jean 9023668 QS'
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STORM DRAIN EASEMENT
We, Norman A. and Jean Borinstein, husband and wife, of 338
Fourth Court West, City of Carmel, 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,
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 #88 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 southeast side of Lot #88 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 locate or to be located ther on.
Dated: 7? f d a.s.t ,f C z_l�
N rman A. Bo
d ie 1 i4 J (�J R &i r- /i`
oEGUi e i n
STATE OF INDIANA
4r
COUNTY OF fl
Before me, a Notary Public in and for said County and State,
personally appeared Norman A. and Jean Borinstein, who executed
the foregoing Storm Drain Easement and stated that the
representations contained therein are t ue to the best of their
knowledge. j\ -A
0 Notary Public
My Commission Expires: r )2D e. 1 j 1 7 4 I 9& sTi9/� L
My County of Residence: Aati,a -n J
REVIEWED BY HAMILTON
COUNTY AUDITOR'S OFFICE
day- PTev.1,3 ems 1910
CITY OF CARMEL
Dorothy J. Hancock, Mayor
Bil Walker, Member
Bo d of Public Works
avid Taylor, ember
Board of Pu is Works
ATTEST: 6c22 -66)
Susan Jones;
Clerk Treasurer
This instrument prepared by Stephen K. Andrews
Bleecker, Brodey Andrews Cohen
2506 Willowbrook Pkwy #312
Indianapolis, IN 46205
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