Range Line - O'Malia Investment „1.3
GRANT OF WATER LINE EASEMENT
THIS GRANT OF EASEMENT, executed this 1(. day of
1978, by O'MALIA INVESTMENT CO., an Indiana general partnership
"Grantor to City of Carmel, Indiana "Grantee WITNESSES:
WHEREAS, Grantor is the fee simple owner of the real
estate located in Carmel, Hamilton County, Indiana, more parti-
cularly described in Exhibit "A" attached hereto and by
reference made a part hereof (hereinafter referred to as the
"Real Estate and
WHEREAS, Grantor desires to grant to Grantee a permanent
easement for the installation, maintenance and repair of water
lines;
NOW, THEREFORE, for and in consideration of One Dollar
($1.00) and other valuable consideration, receipt of which is
hereby acknowledged, Grantor grants and conveys to Grantee,
its successors and assigns, an easement for the installation,
repair and replacement of a water line or lines under and upon
the portion of the Real Estate described in Exhibit "B" attached
hereto and by reference made a part hereof.
The easement herein granted shall be permanent and shall
burden the Real Estate. Grantee, its successors and assigns,
shall have responsibility for complete maintenance, repair,
replacement and restoration of the water line or lines placed
or to be placed within the easement area, at its cost and expense,
and upon completion of construction and any subsequent maintenance
Grantee shall restore the Real Estate and any improvements
existing thereon to the same condition as before such construction
or maintenance.
Grantee indemnifies and holds harmless Grantor from any
cost, expense, or liability for any injury to the person or
property of Grantors, their agents, employees, invitees, guests
or licensees, and any third party resulting from the construction
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or maintenance of the water lines or restoration of the
Real Estate as aforesaid.
Grantor expressly reserves unto itself, its successors
and assigns, and Grantee by its acceptance of this Grant of
Easement acknowledges and agrees to such reservation, all
right, title and interest in and to the Real Estate not
specifically granted to Grantee herein.
IN WITNESS WHEREOF, Grantor has caused this Grant of
Easement to be executed on the day and in the year first
written above.
O'MALIA INVESTMENT CO.
By:
George J.401 General
Partner
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STATE OF INDIANA
)SS:
COUNTY OF
Before me, a Notary Public in and for said County
and State, personally appeared GEORGE J. O'MALIA, a
general partnter of O'Alalia Investment Co., an Indiana
general partnership, who, having been duly sworn, acknowledged
the execution of the foregoing Grant of Water Line Easement
for and on behalf of said partnership as its duly authorized
general partner and stated that the representations contained
therein are true.
Witness my hand and Notarial Seal this 4 of
1978.
,f°otary 1, c
My commission expires:
MY COMMISSION EXPIRES APRIL 8, 1982
My County of residence is:
NOTARY PUBLIC
HAMILTON CO. STATE OF INDIANA
This instrument was prepared by David T. O'Malia, attorney.
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Lots 18, 19 and 20 in Warren Phelps Addition to the
Town of Carmel, the plat of which is recorded in Deed Record
H, page 258, in the Office of the Recorder of Hamilton County,
Indiana. Also a part of the Southeast Quarter of Section 25,
Township,18 North, Range 3 East, more particularly described as
follows: Beginning 137 feet South of the Northwest corner of
Lot 17 in the Warren Phelps Addition; thence West 77 feet, more
or less, to the East line of First Avenue Southwest; thence
South 137 feet; thence East 77 feet, more or less, to the South-
west corner of Lot 18 in the aforesaid Addition; thence North
137 feet to the place of beginning.
AND being further described by means of a perimeter
description as follows; Beginning at the Northeast corner of
Lot 20 in Warren Phelps Addition to the Town of Carmel, the plat
of which is recorded in Deed Record H, page 258, in the Office, of
the Recorder of Hamilton County, Indiana: thence South on and
along the East line of said Lot 20 and Lot 19 of the same Addition
132.0 feet; thence West on and along the South line of Lot 19
and Lot 18 in said Addition and the extension of said line a total
distance of 324.5 feet to the East line of First Avenue Southwest;
thence North parallel with the aforesaid East line and the East
line of said First Avenue Southwest, 137.0 feet; thence East
parallel with the aforesaid South line 77.0 feet; thence South
parallel with the aforesaid East line 5.0 feet to the Northwest
corner of the aforesaid Lot 18; thence East on and along the
North line of the aforesaid Lots 18 and 20 247.5 feet to the
place of beginning.
=="L -1973 CUNf f� L1�'�U
EXHIBIT A
1, L C.0, 5. L ;y
Sec 25 -18 -3
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LOT 20
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PHELPS ADD /T�Onr 1 k
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"'E 32 4. 46 4 J
Water Line Easement h
A parcel of land across the southern side of Lots 18 and 19 in Warren and
Phelps Addition and a part of the Southeast Quarter of Section 25, Township `ki
18 north, Range 3 East in Hamilton County, Indiana, further described as 15
feet in width by parallel lines, more particularly described as follows:
Beginning at the Southeast corner of Lot 19 in Warren and Phelps
Addition, thence South 00 degrees 00 minutes 00 seconds (assumed
bearing) along the prolongation of the East line of said Lot 19 and parallel R with the East line of said Southeast Quarter 15. 00 feet; thence North 89
k.
degrees 38 minutes 20 seconds West 324.46 feet to a point on the East
right of kv a y line of First Avenue Southwest, said point being 6. 50 feet
South of the Westerly prolongation of the South line of said Lots 18 and
19: thence North 00 degrees 00 minutes 00 seconds along said East right
of way line 15. 00 feet; thence South 89 degrees 38 minutes 29 seconds East
324. 46 feet to the place of beginning.
The casement is subject to all other feral easements and rights of way.