Mt. Carmel - Quick, Charles /tit
Goa P T YC 7' p `tom
SANITARY SEWER EASEMENT TO THE
11414 TOWN OF CARMEL, INDIANA ccyy
aoi7K ��Rd 3,1.
THIS INDENTURE WITNESSETI-I:
That CHARLES QUICK, hereinafter called "Grantor for and in
consideration of the sum of ONE DOLLAR ($1.00), the receipt of which is
hereby acknowledged, does hereby GRANT, QUITCLAIM and CONVEY unto the
Town of Carmel, Indiana, hereinafter called "Town a SANITARY SEWER
EASEMENT and right of way to lay, maintain, repair, replace, alter or
inspect sanitary sewer transmission lines, which are to be used for the
distribution of sanitary sewage, together with the granted right to
op @rate the same on, along, in, upon or across the following described
real estate of the grantor in Hamilton County, Clay Township, Indiana,
to -wit:
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter of the Southwest Quarter of.
Section 24, Township 18 North, Range 3 East in Hamilton Co.,
Indiana described as follows:
Beginning at a point on the west line of the said quarter- quarter
section which is twenty feet (20') south of the northwest corner
thereof; thence east and parallel with the north line of said
quarter quarter section a distance of 794.0 feet, more or less,
to,a point on the east line of the Charles Quick property, which
said point is also twenty feet (20') south of the northeast corner
thereof; thence north twenty feet (20'); thence west on and along
the north line of the Northwest Quarter of the Southwest Quarter,
which is also the north line of the Charles Quick property, a
distance of 794.0 feet, more or less, to the west line of said
quarter quarter section, which is also the center line of College
Avenue; thence south twenty feet (20') to the place of beginning.
TEMPORARY CONSTRUCTION EASEMENT:
Thirty feet (30') by parallel lines off the entire south end of
the above described permanent easement. This temporary construction
easement shall cease upon the initial installation of the sanitary
sewer interceptor in the permanent easement described above.
At any time it should become necessary for grantee to excavate to
reach the sanitary sewer line, the Town or it's agents shall hack fill
and return the top soil so as to restore the surface area to the condition
equal to that existing prior to such excavation. Restoration shall
include, but not be limited to, sod, grass, fences or shrubs which may
be damaged. 'While the Town or it's agents are on Grantor's property,
the Town agrees to protect and hold Grantor harmless for all personal
injury claims sustained or claimed to have been sustained, including
reasonable attorneys fees, by any person or persons whomsoever in
connection with such entry while on the property of the Grantor.
Also, the Town agrees that should any of the covenants or terms
..-44„, 4!,'
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of this easement be violated and grantor or his heirs or assigns be
compelled to litigate to enforce the provisions of this agreement and
easement, the Town will pay reasonable attorney's fees to grantor's
.attorney therefor, in addition to such other award as the court may deem
just and proper in the premises.
The permanent easement herein'granted crosses a ravine. As a
condition to the granting of this easement, it is stipulated that the
ravine will not be filled nor will it be otherwise modified in any way
by the installation of the sanitary sewer line. It is a further condition
to easement herein granted that all topsoil will be replaced, all
debris will be cleaned up and removed, damaged fences, if any, will be
repaired or replaced and the cultivation of the land shall not be
interfered with by the installation of the sanitary sewer line. If loss
of crops or loss of lease directly results from the installation of the
sanitary sewer line, the Town agrees to reimburse grantor for the actual
damages resulting therefrom.
Grantor, or his heirs or assigns, shall retain the right to place
structures within the permanent easement, so long as such structures do
not interfere with the operation of the sanitary sewer line located thereon.
The easement herein granted shall run with the title to the land.
As a consideration for this easement, rantor, his heirs or assigns shall
a w
K have the right to one (1) r .s;id'enti 1 connection to the sanitary sewer
line. `'(t WTXXii
IN WITNESS WHEREOF thesa�idr:C S QUICK, as grantor, has caused
this easement to be executecw and d livered to the Town of Carmel, Indiana
this 3:c-dl day of c1:9 /Y
Aztzt
;1,
..i% Charles Quick
STATE OF $44.,`
SS:
COUNTY OF ��,a-�,
Before me, a Notary Public in:and for. said County and State,
personally appeared CHARLES QUICK, who acknowledged the execution of
the Sanitary Sewer Easement to the Town of Carmel, Indiana to
be -his vol.un-tary act and deed.
W1TV SS; f141S I AND AND SEAL THIS mot-V DAY OF `e:Lc4... A.-c_, 1969
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(print) ,&/e/s 41.
Notary -Public
My com expires e y /9 �c1
This Instrument Recsrded. /a 11_
CHARLOTTE E. HALL, RECORDER HAMILTON COUNTY, IND.
This.instrument prepared by Leroy K. New, Carmel Town Attorney