Gray - Mueller, Helen rA
14758
STORM SEWER EASEMENT
BOOK 28�_PAGE 520
AGREEMENT made the ,L ND day of May, 1975, between Helen
Mueller, hereinafter called "Grantor" and the Town of Carmel,
Hamilton County, Indiana, hereinafter called "Grantee WITNESSETH
THAT:
Grantor for and in consideration of the sum of One Dollar
($1.00) and other valuable consideration, the receipt of which
is hereby acknowledged, does hereby grant, quit -claim and convey
unto the Grantee a utility easement and right -of -way to construct
and maintain thereon a storm sewer transmission line through,
over and on Grantor's property, said property being described as
follows, to -wit:
This Instrument Recorded //2,.
JUNE M. HEDGES, RECORDER, HAMILjTON COUNTY, IND.
A strip of ground ten (10) feet in width by parallel lines,
to be used as a permanent easement for the construction
and maintenance of a storm sewer in a Part of the North
Half of the Northeast Quarter of Section 36, Township 18
North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Beginning at a point 1188.00 feet South 00 degrees 00
minutes 00 seconds (assumed bearing) from the Northeast
corner of the North Half of the Northeast Quarter of
Section 36, Township 18 North, Range 3 East and on the
East line thereof, said point being the Southeast corner
of a tract of land owned by Helen Mueller as described
in Miscellaneous Record 48, pages 462 and 463 in the
Office of the Recorder of Hamilton County, Indiana; thence
South 89 degrees 27 minutes 30 seconds West on and along
the South line of said tract, 680.27 feet to the East
right -of -way line of the Monon Railroad; thence North 00
degrees 38 minutes 00 seconds West on and along said
right -of -way line 10.00 feet; thence North 89 degrees 27
minutes 30 seconds East parallel with said South property
line 680.38 feet to the East line of said Northeast Quarter;
thence South 00 degrees 00 minutes 00 seconds on and
along said East line 10.00 feet to the place of beginning,
containing 6803 square feet.
In addition to the permanent easement hereinabove des-
cribed, the undersigned does hereby grant to the Grantee
as a temporary easement to exist only during the con-
struction period of the storm sewer easement, a strip of
ground ten (10) feet in width by parallel lines to be
used as a temporary easement for the construction of a
storm sewer lying North of and contiguous to the North
line of the above described permanent easement. Said
strip to revert to the Grantor upon completion of said
storm sewer.
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2
BOOK 281. PAGF 521
Subject to an existing easement in favor of the Public.
Service Company of Indiana.
That said permanent easement is to be used by the Town of
Carmel for the installation and maintenance of a storm sewer
transmission line. No permanent structure shall be erected on
said easement and subsequent owners shall take their title subject
to the rights of the Grantee for ingress and egress on, in and
along and across the above described easement and Grantee will
hold harmless the Grantor and subsequent owners of said land
against any and all claims for injury to persons or property
resulting from or claims that have resulted from the presence of
any employee or agent of Grantee while said employees or agents
are within said easement and on official business for Grantee.
Grantee further agrees to restore ground surface to a condi-
tion equal to its original condition.
Grantee further agrees to reimburse the Grantor for any and all
damages occurring to crops caused by Grantee or any equipment belong-
ing to Grantee caused by such equipment crossing Grantor's property
to reach the above- described easement.
As a further part of the consideration for this easement,
Grantor and her heirs and assigns shall be provided with one inlet
into the sewer to be constructed, such inlet to be on the east side
of the easement to drain all low areas which would be affected
thereby.
Grantee promises to cause no assessments to accrue against
the Grantor or her assigns for the construction of this storm
sewer.
Grantee promises to protect that existing advertising sign on
the easement from damages and Grantee shall remove and relocate
said advertising sign at the expense of Grantee and that Grantee
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cw
3 281 522
BOOK„- -_PAGF
shall be responsible for any and all negotiations with the owners
of said existing advertising sign regarding the removal and reloca-
tion of same.
Grantee promises that any excess excavated material shall be
placed by Grantee in such lower areas of the adjacent fields to
said easement described hereinabove as designated by Grantor.
That this easement is a peLmanent encumbrance on that real
property described hereinabove and such shall run with said des-
cribed real property.
IN WITNESS WHEREOF, Grantor has caused this easement to be
executed on the day and year first above written.
Helen Mueller, Grantor
Subscribed and sworn to before me, a Notary Public, this
�c.c(
day of 1975.
otary Pu y is r f If t.9,r}'. 1
My Commission Expires: /,‘".-A :•J.,'
r.
'fhis�lnstrument Recorded C�- 1 1 3
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY MNDi:'.' \,`$'v'.°
CE Val it 'liC 's
AT C a O O' CLOCK _,_LM
MAY 22197
8OOK PAGE
PLCUPDEP HAMILTON COUNTY. INDIANA
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