Gray - Foster, Hazel Utility "OU
S. Cross Reference: M ellaneous Record 78, pages
UTILITY EASEMENT 9 -17
9502727
This indenture witness that: Hazel Foster, (hereinafter called "GRANTOR
for and.,in consideration ,of the sum of one dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant, sell, and convey to the City of Carmel of Hamilton County, Indiana, a
City, duly organized and existing under the laws of the State of Indiana,
(hereinafter called "GRANTEE a permanent utility easement and temporary
construction easement and right -of -way to construct; operate; control; maintain;
reconstruct; change the size of; repair and remove a utility line along, under,
through, and across the GRANTOR's land in Hamilton County, State of Indiana,
which easement is more particularly described as follows:
PERMANENT UTILITY. EASEMENT
A strip of ground of twenty -five (25) feet in width by parallel lines being
located in the North Half of the Southwest Quarter of Section 22, Township 18
North, Range 4 East in Clay Township, Hamilton County, Indiana, being more
particularly described as follows:
Beginning at a point on the North line of the Southwest Quarter of Section 22,
Township 18 North, Range 4 East that is 924.90 feet North 89 degrees 50 minutes
27 seconds West (assumed bearing) from the Northeast corner of said Southwest
Quarter; thence South 89 degrees 50 minutes 27 seconds East on said North line
29.19 feet; thence South 30 degrees 55 minutes 15 seconds East 19.26 feet; thence
South 89 degrees 39 minutes)29 seconds East 375.09 feet; thence South 04 degrees
15 minutes 13 seconds East 411.48 feet; thence South 04 degrees 44 minutes 43
seconds East 275.17 feet; thence South 02 degrees 39 minutes 54 seconds East
356.93 feet; thence South 87 degrees 20 minutes 06 seconds West 25.00 feet;
thence North 02 degrees 39 minutes 54 seconds West 356.48 feet; thence North 04
degrees 44 minutes 43 seconds West 274.83 feet; thence North 04 degrees 15
minutes 13 seconds West 388.51 feet; thence North 89 degrees 39 minutes 29
seconds West 366.06 feet to a point on a line that bears South 30 degrees 55
minutes 15 seconds East from the place of beginning; thence North 30 degrees 55
minutes 15 seconds West on said line 48.40 feet to the place of beginning.
Containing 0.83 acres more or less.
TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement fifteen (15) feet,in uniform width by parallel
lines lying Easterly of and adjacent to the Easterly line of above described
permanent,utility easement. And a temporary construction easement being fifteen
(15) feet in width by parallel lines lying Southerly and Westerly of and adjacent
to the Southerly and Westerly lines of the above described permanent utility
easement having courses that are described as having lines that bear North 89
degrees 39 minutes 29 seconds West and North 30 degrees 55 minutes 15 seconds
West. Temporary easement shall be void when construction of the pipeline in the
permanent utility easement is complete.
The GRANTEE will level the ground and reseed anv areas that might be
disturbed as a result of the construction of a utility line, or as a result of
anv repairs that may be made to said line hereafter. It is further agreed that
any damage to any private drive, pipe, tile, fences or other property of the.
GRANTOR (other than trees, shrubs, and ground cover), occasioned by the
construction of said utility line, shall be repaired or replaced by the GRANTEE
in as good or better condition as the same presently exists.
GRANTEE shall have the right of ingress and egress over and across the
easements granted for purposes described herein. Whenever necessary or
convenient, GRANTEE may haul across the easements granted herein such pipe and
other materials as may be needed in the construction or maintenance of its
pipeline.
Page 1 REVIEWED BY HAMILTON
lik
27716DEC COUNTY AUDITOR'S OFFICE
pax of 4LL_1956
GRANTOR shall ve the right to fully use an. njoy the strip of land
granted as a permanent utillity easement except for such use as may impair,
impede, or unreasonably interfere with the exercise by GRANTEE of the rights
granted herein. GRANTOR shall not construct or permit to be constructed any
house, structure, or obstruction on or over or interfering with the construction,
or operation of any pipeline or appurtenance constructed pursuant to this
instrument. GRANTOR further agrees that GRANTOR shall not change the grade of
any such utility line.
GRANTEE agrees that no structures except manholes shall exist above grade level
and that all appurtenances shall be below ground level.
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27716DEC
0
The grants, cL, nants, and stipulations here shall extend to and be
binding upon the respective heirs, successors, and assigns of the parties.
GRANTOR covenants and certifies that they are the sole owners of the above
described real estate and that they have the right, title, and capacity to grant
the easement granted herein.
Executed this I T day of Iry u 199$ by
"GRANTOR
Hazel Foster
f
STATE OF INDIANA
COUNTY OF HAMILTON
4z Ca
Before me, a Notary Public in and for said County and State, personally
appeared Hazel Foster, who acknowledged the execution of the foregoing Utility
Easement, and who, having been duly sworn, stated that any representations
therein contained are true.
it�ne hand and Notarial Seal this /3kl'k/ day of
19
5 0:
a
i,
I X r i
Notary /Pi:b!ric
Resident of /y r /HIM/ County
My commission expires: 0
THIS INSTRUMENT PREPARED BY GORDON D. BYERS, ATTORNEY AT LAW
27716DEC
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