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WATER AND SEWER EASEMENT TO THE
TOWN OF CARMEL, INDIANA
THIS INDENTURE WITNESSETH, That
ALICE VIRGINIA GIPE and PHYLLIS B. McBRIDE, hereinafter
called "Grantors ", 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 "Town ",
an easement to use the real estate described in Exhibit "A"
and shown on the Town's Engineer's Map, Exhibit "B ", both
of which exhibits are attached hereto, for the purpose of
constructing, installing, maintaining, improving and re-
conditioning water and sanitary sewer pipes to transmit and
distribute water and sewage on, along, in, upon or across
the real estate described in Exhibit "A ". The easement
herein granted shall be limited to an underground easement,
and Grantors reserve to themselves, their successors and
assigns, the right to construct, reconstruct, renew, repair,
control, replace and maintain improvements on said real
estate in such a manner as will not materially interfere
with the Town's use of said real estate.
If at any time it should become necessary for
the Town to excavate to reach a water or sewer pipe, the Town
or its agents shall back -fill and restore said surface area
to a condition equal to that existing prior to such excavation.
Restoration shall include, but not be limited to: sod, grass,
trees, fence or shrubs which may be damaged by such excava-
tion. While the Town or its agents are on Grantors' property,
the Town shall protect and hold Grantors, their successors
and assigns, harmless from all liability sustained or claimed
to have been sustained by any person or persons whomsoever
while on the property of the Grantors.
-2- soOK 234 PAGE_ 150..
This Water and Sewer Easement shall run with
the title to the land described in Exhibits "A" and "B"
and the Sanitary Sewer Intercepter shall be constructed
pursuant to contract with the Town of Carmel under Burns
Stat. Anno. Sec. 48 -3939. Accordingly, no connections to
the Intercepter will be permitted until a pro -rata share
of the cost of the Intercepter is paid, as provided for
by statute.
This grant of easement is made without warranty
by the Grantors, or either of them.
IN WITNESS WHEREOF, Grantors have caused this
Water and Sewer Easement to be executed and delivered to
the Town of Carmel, this Z b day, of r K(/ H �`I , 1964;
Alice -V ginia Gipe
l/° i L2 7c. 7f7/2-/eic'/
/ Phyllis B. McBride
STATE OF INDIANA )
SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County
and State, personally appeared Alice Virginia Gipe and
Phyllis B. McBride, who acknowledged the execution of the
foregoing Water and Sewer Easement.
f'—
� »My Commission Expires:
ML
NOTARY PUBLIC
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This instrument prepared by Barry Z. Wallack.
KLINEMAN, ROSE and WOLF
1122 Circle Tower Bldg.
Indianapolis, Indiana 46204
636 -2331
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OCIATES, INC.
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This instrument Recorded '2 7 19_Z_D
CHARLOTTE E. HALL, RECORDER HAMILTON COUNTY, IND.
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