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112 145
SEWER AND WATER EASEMENT TO THE
TOWN OF CARMEL
THIS INDENTURE WITNESSETH: That car /r (1
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 "Grantee an EASEMENT and RIGHT OF
WAY to lay or replace a sanitary sewer line to be used for the transmission
of sanitary sewage, together with a water line with the right to maintain,
operate, repair or remove the same on, along, in, upon or across the
following described real estate in Hamilton County, Clay Township,
Indiana, to -wit:
SEWER AND WATER EASEMENT DESCRIPTION
Utility Easement to cross Lot 5 and 6 in Charles E. Walter's
Rolling Acres Resubdivision, an Addition in Hamilton County,
Indiana as recorded in Plat Book 2, Page 34 and 35, in the
Office of the Recorder, Hamilton County, Indiana, being more
particularly described as follows:
Commencing at the northeast corner of the southeast one
quarter, Section 24, Township 18 North, Range 3 East;
Thence west along the north line of said southeast one
quarter a distance of 161.6' to the west right -of -way line
of U.S. Highway#31; Thence, southwesterly along the west
right -of -way line a distance of 493.33 feet more or less to
the point of beginning on the southeast line of Lot 5, 90.5
j feet, more or less, southwesterly of the intersection of the
line between Lots 4 and 5 with the west right -of -way line of
U. S. Highway #31; Thence, southwesterly along the west
right -of -way line a distance of 234. 17' more or less to right
of -way marker; Thence westerly a distance of ten feet to a
point; Thence, northeasterly ten feet west of and parallel to
the west right -of -way line a distance of 224. 17' more or
.+t. less to a point; Thence, northwesterly a distance of 130.0',
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more or less to the intersection point of line between Lots
6 and 8 with the southwest line of Lot 5; Thence, north-
easterly, a distance of ten feet to a point; Thence south-
easterly, a distance of 140.0', more or less to the point of
beginning.
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A ten foot wide construction easement shall run along the
northwest side of the ten foot utility easement paralleling
the westerly right -of -way line of U.S. #31 and to the
northeast side of the ten foot utility easement running
northwesterly across Lot 5.
The temporary and permanent easement are set forth
on tha arawing attached hereto, made a part hereof and
marked "Exhibit A
The sewer, line<referred to herein shall be and remain buried to a depth of
feet from the surface so as not to interfere with the normal use
of said property by grantors, including driveways and other access use.
At any time it should become necessary for grantee to excavate to reach
said pipeline, grantee or its agents shall back fill and restore said surface
area to the condition equal to that existing prior to such excavation. When
the sewer lline ;is first laid, grantee shall restore the surface, including
but not limited to sod or grass, trees or shrubs which may be damaged
thereby to a condition at least equal to that now existing. While grantee
or its agents are on grantors' property, grantee agrees to protect and
hold grantors harmless for all personal injury claims sustained or claimed
by any person or persons whomsoever in connection with such entry while
on the property of the grantors.
This easement shall run with the title to the land described above
and grantee agrees, as part of the consideration for this easement, that
grantors or their assigns shall have the right to one (1) connection to
said sewer line without tap fee or other connection charges.
IN WITNESS WHEREOF %1 f r f: (I /1/,12/ i(a t
AS GRANTORS have caused this easement to be executed and delivered
A this day of ,l( C f 1969.
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STATE OF INDIANA GOOK 1 P 47,
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for. said County and State,
personally appeared Charles E. Walter and
Alberta Walter who acknowledged the execution of the
foregoing EASEMENT TO THE TOWN OF CARMEL, INDIANA to be their'
voluntary act and deed.
WITNESS THEIR HANDS AND SEALS THIS 26th DAY OF March 1969.
2t Z
ALI Kathleen R. Jones,l Notary Public
My commission expires:
April 24, 1972
This instrument prpared by Leroy K. New, Carmel Town Attorney
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This Instrument Recorded CeiJA-J- 19 4
CHARLOTTE E. HALL, RECORDER H MILTON COUNTY, IN -If