Fuller, Joseph/Karen Storm Drain Eden Forest STORM D IN EASEMENT
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We, Joseph R. and Karen E. Fuller, husband and wife, of
11935 Forest Drive, City of Carmel., County of Hamilton, State of
Indiana, owners of the land described below, in consideration of
Five Hundred Dollars ($500.00), 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 #25 in Eden Forests, an Addition to the Town
of Carmel, Indiana, as per plat thereof recorded
in Plat Book 3, page 87 in the Office of the
Recorder of Hamilton County, Indiana.
The easement here established is for the purpose of estab-
lishing a twelve (12) inch concrete storm drain sewer across the
above described land, such easement being described as follows:
Twenty -five (25) feet by parallel lines off the
extreme West side of Lot #25 in EDEN FORESTS, an
Addition to the Town of Carmel, Indiana, as per
plat thereof, recorded in Plat Book 3, page 87 in
the Office of the Recorder of Hamilton County,
Indiana, said 25 feet being more particularly
described as follows:
Beginning at the Northwest corner of. Lot #25 in
Eden Forests; thence South 89 degrees 27 minutes
42 seconds East (assumed bearing) on the North
line of said Lot, a distance of 25.00 feet; thence
South 00 degrees 22 minutes 34 seconds East paral-
lel with the West line of said lot a distance of
241.16 feet to the Southwesterly line of said lot;
thence North 26 degrees 12 minutes 24 seconds West
on said Southwesterly line 57.38 feet to the West
line of said lot; thence North 00 degrees 22
minutes 34 seconds West on said West line 189.91
feet to the place of beginning.
The City of Carmel covenants that no trees on the above
described property will be removed without prior notification to
the owners, and Carmel, at its expense, will replace any removed
trees with trees of like quality excepting size. 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, from 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, construc-
tion, operation and maintenance of the easement hereby granted or
the storm drain located or to be located thereon.
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Dated: 6 1 A97 6 3
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Jo:eph F ller
______________—)\-9-‘—_ 9 •-&S•-
Kar n R. Fuller
CITY OF CARMEL
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J A. Reiman,' -.or
STATE OF INDIANA
G SS:
COUNTY OF
Before me, a Notary Public in and for said County and State,
personally appeared Joseph R. Fuller and Karen E. Fuller, who
executed the foregoing Storm Drain Easement and stated that the
representations contained therein are true to the best of their
knowledge.
,e6-74,-(fat'
L •oa L. Reid Notary Public
My Commission Expires: '9.
U
My County of Residence:
This instrument prepared by: E. Davis Coots, COOTS, HENKE
WHEELER, 255 East Carmel Drive,
Carmel, IN 46032
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