Mt. Carmel - Dunkerly Don n 't i s
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1 G ;4. UTILITY EASEMENT TO THE TOWN OF CARMEL, INDIANA
THIS INDENTURE WITNESSETH: That DONALD M. DUNKERLY and
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WANETA DUNKERLY hereinafter called "Grantors for and in consider-
ation of the sum of ONE DOLLAR($1 .00), the receipt of which is hereby
acknowledged, do hereby GRANT, QUITCLA3v1 and CONVEY unto the TOWN
OF CARMEL, INDIANA, hereinafter called "Town a'�utility easement
and right of way to lay, maintain, repair, replace, alter or inspect utility
lines for the transmission and distribution of municipal utilities, together
with the granted right to operate the same on, along, in, upon or across
the following described real estate in Hamilton County, Clay Township,
Indiana, to -wit:
(The LEGAL DESCRIPTION of the utility easement granted
AND the Town Engineer's map thereof are attached hereto,
made a part hereof and marked "Exhibits A and B
At anytime it should become necessary for grantee to excavate to reach
a utility line, the Town or it's agents shall back fill and restore said sur-
face area to the condition equal to that existing prior to such excavation,
Restoration shall include but not be limited to sod, grass, tree's, fence
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or shrubs which may be damaged by such excavation. While the Town or
it's agents are on Grantors' property, the Town agrees to protect and hold
Grantors harmless for all personal injury claims sustained or claimed to
have been sustained by any person or persons whomsoever in connection
with such entry while on the property of the Grantors. Grantors reserve
the right, however, to build over, on or across the permanent easement
herein granted. The construction, if any, will not interfere with the operation
of the utilities f••'rthe utility lines underground.
T his uu= easement shall run with the title to the land described
in Exhibits "A" and "B" above. As part of the consideration for this
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easement, Grantors or their assigns shall have the right to one (1)
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residential connection to the sanitary sewer line with tap fees or other
connection charges.
The sanitary sewer interceptor running generally north and south
across grantors' property, as shown by the attached "Exhibit B", and
generally referred to as the "Mt. Carmel Interceptor" is constructed
pursuant to.the provisions of Burns Annot. Stat. Sec. 48-3939 under which
initial contributors to the cost thereof shall be reimbursed by connectors
I to the interceptor. Grantors' portion of the cost of the interceptor shall
be not in excess of $1,740.00, plus annual prirne rate of interest from the
date of the initial contribution to pay for the interceptor until the connection
is made. Connection costs are based on a cost per equivalent user in the
amount of $82.40 and the cost allocation assigned to grantor's property
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is 21 equivalent users times $82.40, or, $1,740.00. Connections, when i;
l' made 'by grantors or their assigns, shall be, in each instance, computed
and paid by the connector on the above stated formula, as will all other
connection to the Mt. Carmel Interceptor.
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IN WITNESS WHEREOF Donald M. Dunkerly and Waneta Dunkerly,
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as Grantors, have caused this utility easement to be exeucted and delivered
to the Town of Carmel, Indiana this J day of December, \1969:
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t Donald M. Dunkerly (print)
I Grantors:
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Waneta Dunkerly I (print)
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STATE OF INDIANA
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COUNTY OF HAMILTON
Before me, a Notary Public in and for said county and state,
personally appeared Donald M. Dunkerly and Waneta Dunkerly, who
acknowledged the execution of the foregoing Utility Easement to the
.1 .Town of Carmel Indiana to be their voluntary act and deed.
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WITNESS THEIR HANDS AND SEALS THIS DAY OFDecember 1969.''!
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.•1 A"( v1.-' 1 �!l''Le-.� F. II. 7�, �•.�1`.. Notary Public
Kathleen R. 'Jones (print)
My commission expires:
April 24, 1972
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t This inr:It.rtirnent. prepmrcd by 1. K. New, C,arrriel Town Attor•nyy
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CLYDE E. WILLIAMS ASSOCIATES, INC. SOUTH BEND 114/1° 1.4- 11TAr, 3
BY DATE. .5 ?SUBJECT ,r. :•"1 \1r'L a57:..n T SHEET NO 2 2
EET OF
CHND. BY DATE..... r'en_a1'.: 1r; 'cerly r r`un'•
erl :.�a c to JOB NO L 2 50 i_,
orer y r;
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7\. rer :-':anent easerrent 15.n feet ..'ide; also a 25.0 foot '•ii.de tier:-
porary construction easement on either s.i_d'.e of Gain'. rer.r.-anent easement,
said p easer.?ent centerl ne ]e.cribec? as fo13o�'rs: ;'art of t�•le
solith'•'e?st quarter of Faction 1.' ToYnshi. 3 Mort`?
:amilton County, Tncliana, described as follos, to -T,it: Reainnina at
a point on the north line of the Donald Dunkerly and T4areta runuerly
rronerty, said point being 1273.4i") feet South an .537.2 feet Est of
tl.e northwest corner of said cuarter section.; thence _`rcm the easterl:
1 ?earira on. said. north Jine c r-i c•ht 35 decrees 56 minutes, and
running s outheasterly 222.. O r ^et to a.
^Dint on the rlorth r,_rj'at of
lirA of the forrer 7ndtananons Nort ^c?rn Traction Conran ncor
a
:'ccr.at ^alc'. roint helm the terrrinu of said neermanent ease
3 Center line.
ALSO: A permanent easement ten feet (10 wide by parallel lines
off the entire south portion of grantor's p y
pro ert as :shown by 1
the attached "Exhibit B" with cross hatched lines.
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`1 CLYDE E. WILLIAMS 8 ASSOCIATES, INC. SOUTH BEND D'IT10A
BY DATE SUBJECT
SHEET NO. OF
CHKO. 8Y DATE t l' 1% i 11 C' I t?
UOB NO..........
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N.W.• Cor. SW •Quar.
Sec.• 19,•' T18N,r R4E
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Permanent Easement f"
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Pe rmanet�t Easement 1,..
Temporary Construction Easement
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This Instrument Recorded 19
CHARLOTTE E. HALL, RECORDER HAMILTON COUNTY, IND. �X /3/ IU 0,