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1.1® UTILITY EASEMENT TO THE TOWN, OF CARMEL, INDIANA
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THIS INDENTURE WITNESSETH: That v �,�L
Charles E. Walter and Alberta Walter 1
hereinafter called "Grantors for and in consideration of the
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sum of ONE DOLLAR ($1..00), the receipt of which is hereby acknowledged,
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do hereby GRANT, QUITCLAIM and CONVEY unto the TOWN OF CARMEL, INDIANA,
hereinafter called "Town ",•a utility easement and right of way to lay,
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maintain, repair, replace, alter or inspect utility lines for the 1
transmission and distribution of municipal utilities, together with the
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granted,right to operate the same on, along, in, upon or across the
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following described real estate in Hamilton County, Clay Township,
Indiana, to -wit:
[The LEGAL DESCRIPTION of the utility easement granted AND
the Town Engineer's map thereof are attached hereto, made
a part hereof and marked "Exhibits A and B" I
At any time it should become necessary for grantee to excavate to
reach a utility line, the Town or it's agents shall back fill and
restore said surface area to the::'condition equal to that existing
prior to such excavation. Restoration shall include but not be I
limited to sod, grass, trees, fence or shrubs which may be damaged
by such excavation. While the Town or it's agents are on Grantors'
property; the Town agrees to protect and hold Grantors harmless for
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all personal injury claims sustained or claimed to have been sustained
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by any person or persons whomsoever in connection with such entry; while
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This utility easement shall run with the title to the land described I
in Exhibits "A" and "B" above. .As part of the consideration for this
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easement, Grantors or their assigns shall have the right to one (1)
residential connection to the sanitary sewer line with tap fees or
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other connection charges.'
IN WITNESS WHEREOF Charles E. Walter and
Alberta Walter as Grantors, have caused this utility
easement to be executed'and delivered to the Town of Carmel,
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232 79
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i Indiana this ?9th day of A st 1969.
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Charles E. Walter (print)
Grantors: /r
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Alberta Walter (print)
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STATE OF INDIANA I
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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 Utility Easement to the Town of Carmel, In. liana to
be their voluntary act and deed.
WITNESS THEIR HANDS AND SEALS THIS 29th DAY OF August ,1969.
Notary Pub c
1 C Kathleen R. Jones
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c ommission expires:
1 April 24, 1972
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This instrumentprepared by Leroy K. New, Carmel Town Attorney
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PAWS—
CLYDE E.. WILLIAMS ASSOCIATES, INC. SOUTH BEND INDIANAPOLIS
BY J., DArr7/1.3/69 SUBJECT mONT C1-1--?.wd11,--7,;417.NTS SHEET NO .2 OF 1 2.
CHKD. BY DATE Walter's Plaza Peniat (Charles
E. T4alters) xallo-68-591/extra
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.z. permanent easement 20 feet wide on the north and east side, ;and
7.5 feet wide on the south and west side of the folloing described-
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line; also a 25 foot wide temrorary construction easement on either
side of saidperManent ease•ent, said permanent easement line described
as follows: A. rart of waiter's Plaza Penlat tDarts of Tracts!",
"C", "D', Waiter Court.and Walter 7treet, as per plat thereof recorded
on June 21,..1965 in Plat BOok 4- --'2, :Pace 267, in the Office of the,1
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corder, Hamilton County, In an, beinu nart of the northeast cuarter'
of Section 24, Township 10 North, 7".ange. 3 Fast, described as folio's,
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to-wit: .Beginning at a point on the —est line of Tract. "F", 100.0 1
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feet north Of the southwest corner thereof; thence from the northerlY
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bearing of said west rine deflecting right 95 degrees 52 minutes and
running Southeasterlv 253.40 feet to.a.'5oint; thence deflecting right
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34 decrees. 06 minutes and running Southeasterly 322.65 feet to a Point
i e 40.00 feet north of the south line of Tract "E"; thence!deflectinleft
40 degrees 53 minutes anderunning Tasterly parallel with said south
line, S30 feet to a point; thence deflecting right 68 degrees 24 min-
utes an.runn
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ding Southeasterly 43.02 feet to a point on the south line
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of said Tract "B"; said point being 270.72 feet west of the southeast;
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corner of the northeast ouarter of Section 24, Township 10 North, 'qange
i 3 East and the terminus of said permanent•easement line.:
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:Mg trigtrOnt ReCOTtlei cl- u ,.n
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CHARLOTTE E. itALL. RECORDER 71-.
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