Mohawk Road - Kinzer, Eva/Raymond v BOQ
208 0
UTILITY EASEMENT TO THE TOWN OF CARMEL, INDIANA
THIS INDENTURE WITNESSETH that Eva Kinzer and Raymond
Kinzer, Jr. Co- Executors of the Estate of Marjorie G. Kinzer, deceased,
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 a utility easement and right of
way to lay, maintain, repair, replace, alter or inspect water lines
for the transmission and distribution of water 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:
A strip 10 feet wide off the south end of the following described
real estate: This Instrument Recorded
JUNE M. HEDGES, RECORDER HAMILTON COUNTY, IND.
Part of the Southeast Quarter of Section 30, Township 18 North,
Range 4 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 30, Township 18 North, Range 4 East; thence North 90
degrees 00 minutes 00 seconds East (assumed bearing) on and
along the South line of said Southeast Quarter 587. 30 feet to the
East boundary of Carmel Village, a subdivision in Hamilton
County, Indiana, as recorded in Plat Book 2, page 196, in the
Office of the Hamilton County Recorder, and the place of beginning
of this tract; thence North 00 degrees 12 minutes 13 seconds
East on and along the East boundary of said Carmel Village,
680. 00 feet to the Scu th boundary of said Carmel Village; thence
North 90 degrees 00 minutes 00 seconds East on and along
said South Boundary and parallel with the South line of said South-
east Quarter 466. 91 feet; thence South 00 degrees 12 minutes
13 seconds West parallel with the aforesaid East boundary of
Carmel Village, 640. 66 feet to the northern right of•way of Mohawk
Road as shown on plans for Indiana State Highway Commission,
Project S- 165(14); thence South 63 degrees 52 minutes 20 seconds
West on and along said right of way 48. 06 feet; thence South 00
degrees 03 minutes 55 seconds West 18. 17 feet to the South line
of said Southeast Quarter; thence South 90 degrees 00 minutes
00 seconds West on and along said South line 423.87 feet to the
place of beginning, containing 7.26 acres, more or less. Subject
to all legal easements and rights of way.
At any time it should become necessary for Grantee to excavate to
reach a utility line, the Town or its agents shall back fill and restore
said surface area to the condition equal to that existing prior to such
excavation. Restoration shall include but not be limited to sod, grass,
LAW OFFICES
OBERTS CHURCH
OBLESVILLE. INDIANA '46060
PHONE 773.2190
255 31
130014,
trees, fence or shrubs which may be damaged by such excavation. While
the Town or its 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.
IN WITNESS WHEREOF, Eva Kinzer and Raymond Kinzer, Jr.,
Co- Executors of the Estate of Marjorie G. Kinzer, deceased, as Grantors,
have caused this utility easement to be executed and delivered to the
Town of Carmel, Indiana, this 6th day of March 1972.
r
Eva Kinzer, Coexecutor
Raym d Kinzer, Jr., Co -E cutor
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said county and state,
personally appeared Eva Kinzer- and Raymond Kinzer, Jr. Co- Executors
of the Estate of Marjorie G. Kinzer, deceased, who acknowledged the
execution of the foregoing Utility Easement to the Town of Carmel, Indiana,
to be their voluntary act and deed.
WITNESS THEIR HANDS AND SEALS THIS 6th DAY OF
ll 11111 ll,.. March
.N 1972.
�.7
Notary Public- Olive Ann Burrell
1
MY COMMISSION EXPIRES:
12 -9 -72
LAW OFFICES
OBERTS CHURCH
OBLESVILLE, INDIANA 48060
PHONE 773-2190
IN THE SUPERIOR COURT OF HAMILTON:COUNTY
STATE OF INDIANA 255
AGE_
IN THE MATTER OF THE ESTATE OF
MARJORIE G. KINZER, DECEASED Estate No. S -189
EVA KINZER, and RAYMOND KINZER, JR.
CO- EXECUTORS
ORDER AUTHORIZING CO- EXECUTORS TO
EXECUTE EASEMENT
Come now Eva Kinzer and Raymond Kinzer, Jr. Co- Executors
herein and file their petition for authority to execute easement, which said
petition reads as follows, to -wit: (H. I.) And the court having examined the
said petition and being duly advised finds that it would be in the best interest
of this estate that the said easement to the Town of Carmel for the purpose of
a water line be granted.
It is therefore ordered and adjudged that Eva Kinzer and Raymond
Kinzer, Jr. Co- Executors herein, be and they are hereby authorized to
execute to the s own of Carmel an easement for a water line as requested
in their petition for authority to do so.
So Ordered this 7th day of March, 1972.
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111 "E ":1. HEDGES, RECORDER HAMILTON CM itiD
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JUDGE, HAMILTON SUPERIOR COURT
LAW OFFICES
ERTS CHURCH
:SVILLE, INDIANA 46060
PHONE 773 -2190