Mohawk Road - Elliott, Harry Q.:20) 6.)
SEWER AND WATER EASEMENT TO THE
TOWN OF CARMEL
THIS INDENTURE WITNESSETH: That HARRY C. ELLIOTT,
hereinafter called "Grantor 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
A part of the southeast quarter of Section 25, Township 18
North, Range 3 East more particularly described as follows:
Beginning at a point which is 360.25 feet west of the southeast
corner of the southeast quarter of said section, the same
being the intersecting point of the east line of the Public
Service Company of Indiana easement, as the same is recorded
in the office of the Recorder of Hamilton County, Indiana,
running thence north on and along the said east line of said
easement a distance of 594.0 feet, more or less to a point on
the north line of grantor's property; thence west 10 feet;
thence south and parallel to the east line of said utility
easement a distance of 594.0 feet, more or less to the south
line of said quarter quarter section; thence east 10 feet to
the place of beginning.
A ten foot wide temporary construction easement for use while
said sewer and water lines are being installed, shall run along
and adjacent to the entire west side of the above described
easement here granted
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 line 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
grantor, 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 grantor;,.
This easement shall run with the title to the land described above
and grantee agrees, as part of the consideration for this easement, that
grantor or their assigns shall have the right to three (3) connections to
said sewer line without tap fee or other connection charges, and that no
charges or assessments of any kind or character will be made against
grantor or their assigns in connection with the installation and operation of
this sanitary sewer and water line.
IN WITNESS WHEREOF Harry C. Elliott, AS GRANTOR has
caused this easement to be executed and delivered this day of
1969.
GRANTOR:
Harry C. Elliott
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STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and State,
personally appeared Harry C. Elliott, who acknowledged the execution
of the foregoing EASEMENT TO THE TOWN OF CARMEL, INDIANA to
be S:his'• voluntary act and deed.
WITNESS '.HIS HAND AND SEAL THIS DAY OF JULY, 1969.
�-e{ 3-1-- 1 2
Kathleen R. Jone Notary Public
My commission expires:
April 24, 1972.
This instrument prepared by Leroy K. New, Carmel Town Attorney
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