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Wilson Village Town Homes - Wilson Village Town House 4 UTILITY E g SE ENT TO THE TOWN OF CARMEL, I'i)IANA THIS INDENTURE WITNESSETH: That 3345 acs_____ WILSON VILLAGE TOWN HOUSE hereinafter called "Grantor 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 "Town a utility easement and right of way to lay, maintain, repair, replace, alter or inspect utility lines for the transmission and distribution of municipal utilities, together with the grantad rights to operate the same on, along, in, upon or across the following described real estate in Hamilton County, Clay Township, Indiana, to-wit: This Instrument Recorded. -4 JUNE M. HEDGES, RECORDER MMILION CUNT t, tl� A permanent easement 10 feet wide, centered on t}e following described center line; also a 10 foot wide temporary construction easement on the.North and South side of the above described permanent easement, said permanent easement center line described as follows, to wit: Part of the East half of the Southwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows, to wit: Beginning at a point on the West line of said i2 4 section, 40 feet South of the Northwest corner of said -14 section; thence East, parallel with the North line of said 1/2 section, 491.45 feet to a point on the West line of Johnson Addition as recorded in the Hamilton County Recorderts Office, Plat Book 2, Page 26, 27, 28; which is also the East line of the Wilson Village Town House property; said point being the terminus of said easement center line. The Town shall install at no cost to Grantor one 6 inch Tee and Plug 222 feet East of the center line of Guilford Road and one 2 inch tee midway between West property line and Little Cool Creek Bridge and one 2 inch tee midway between above bridge and the centerline of Sherman Drive. The Grantor shall not be charged any fees for connection to said water line at a future date, except that if at said future date an ordinance is in effect which specifies any schedule of fees to be paid, for the purpose of enabling the financing of reimbursements for oversizing, then Grantor may have option of either paying said fees and being eligible for said oversizing reimbursements (if any) or not paying said fees and not being eligible for said reimbursements (if any). These provisions apply only to the tract of ground upon which this easement lies. -1- w O O 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 A maximum effort shall to avoid damage to any trees or plants within 0 it r".S 3t "Y the easement, but the Town shall not be liable for such damage. While the Town or it's agents are:on Grantors property, the Town agrees to protect and hold Grantor harmless-for, all personal injury claims sustained or claimed to have been sustained by any person or persons whomsoever in connection with entry while on the property of the Grantor. IN WITNESS WHEREOF Wilson Village Townhouses as Grantor, has caused this utility easement to be exe cuted and delivered to the. Town of Carmel, Indiana this 1st day of May 1972. i ce/ 4111.►..,.. 1'42 Grantor: i Thomas D. Wilson (print) a SATEF.NA J SS: Ibis is Instrument Recorded 4 COUNTY'l5l~' MILTON JUNE M. HEDGE$ RECORDS1 ptArr►IOP cew v, W. 1 Before me, a Notary Public in and for said county and state, personally appeared Wilson Village Townhouses who acknowledged the execution of the foregoing Utility Easement to the Town of Carmel, Indiana to be their voluntary act and deed. WITNESS THEIR HANDS AND SEALS THIS 1st DAY OF May 1972. Notary Public Melva 1 helps Melva 1. Phelps (print) My commission expires: 2 -18 -76 This instrument prepared by Weihe Engineering, Inc. f,