Gray - Mueller, Erich/Helen (2) e
1 1
BOOK 231
SANITARY SEWER EASEMENT TO THE TOWN OF CARMEL
4679
For and in consideration of the sum of One Dollar (1.00)
and other valuable consideration, the undersigned, Erich Oscar
Mueller and Helen M. Mueller, of Hamilton County, Indiana, do
hereby dedicate, quitclaim and grant unto the TOWN OF CARMEL,
INDIANA, as a utility easement, the real estate hereinafter des
cribed to be used as hereinafter more specifically set forth:
Part of the northeast quarter of Section 9, Township
17 N., Range 4 E., in Hamilton County, Indiana, described
as follows; to -wit: a strip of land 25.00 feet of even
width on each side of the following described center line.
Beginning at the northeast corner of section 9, thence
west along the north line of said section a distance of
441.12 feet more or less, to the true place of beginning.
Thence S 26° 42' 31" W a distance of 1596.55 feet
more or less, thence S 43 35' 57" W a distance of
540.34 feet more or less to a point on an east -and-
west fence line, said permanent easement containing
2.45 acres more or less.
Deed for tract of land through which easement runs
is contained in Deed Book 67, page 154, Hamilton
County, Indiana.
In addition to the permanent easement hereinabove
described, the undersigned do hereby grant to the
Town of Carmel, Indiana as a temporary easement to
exist only during the construction period of the
sanitary sewer transmission line, a strip of land
50 feet of even width west of and ad jacent to the
west line of the above described permanent easement
in the northeast quarter of Section 9, Township 17
north, Range 4 east, Hamilton County, Indiana.
(1) Said permanent easement is to be used by the Town of
Carmel for the installation and maintenance of a sanitary sewer
transmission line. No permanent structure shall be erected on
said strip, subsequent owners shall take their title subject to
the rights of the Town of Carmel for ingress and egress in, on,
along and across the above described easement and the Town of
Carmel will hold harmless the owners of said land against any
and all claims for injury to person or property resulting from
or claimed to have resulted from the presence of any employee
or agent of the Town of Carmel while said persons are within
said easement and on official business for the Town of Carmel.
(2) The Town further agrees to maintain necessary fencing
during construction and to protect all live stock atall times.
(3) The Town further agrees to restore ground surface and
all fencing to its original condition. The Towb agrees to make
a maximum effort to avoid all unnecessary disturbance to any
trees during construction.
(4) The Town further agrees to reimburse the undersigned
for any damages incurred to crops caused by any Town equipment
in crossing owner's property to reach easement.
This Instrument Recorded 19—Z-")
JUNE M. HEDGES, RECORDER KTO COUNFI, IND.
(5) As a part of the consideration for this easement,
grantors or their assigns shall have the right to two (2)
connections to the sanitary sewer line with no connection
or availability charges.
(6) In the event that any repairs to said sanitary sewer
transmission line become necessary, the Town agrees to pay
the undersigned any damages incurred to their land by reason
of the ingress and egress to said permanent easement to make
such repairs.
IN WITNESS WHEREOF the undersigned, as owners of the
above described real estate, have set their hands and seals
this ..28th day of June, 1973.
7CEIVE:
y;va 77
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acLos.,, Erich Oscar Mueller
JUL 5 1S
PAGE G
dAmiutrenousn,INeukwr. e en M. Mueller
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, the undersigned, a Notary Public in and for
said county and state, personally appeared the within named
Erich Oscar Mueller, and Helen M. Mueller, who acknowledged
the execution, of the above and foregoing Sewer Easement to the
Town of Carmel, Indiana to be their voluntary act and deed.
WITNESS my hand and notarial seal this 28th day of
June,,1973.
ohn- t. Hughes, 14tary Public
,M.y C_omm.Ission Expires
April. '30, 1974.
This instrument was prepared by
John D. Hughes,Attorney at Law,
1212 Merchants Bank Building,
Indianapolis, Indiana 46204.
s
This Instrument Recorded RECEIVED 19_..- FOR RECORD
JUNE H. HEDGES, RECORDERHAMILT N COUNTY, IND. AT 10:ac) O'CLOCK M
JUL 5 1973
sp a( PAGE
ECOIIBEB HAMILTON COUNTY. INDIANA