HomeMy WebLinkAbout233274 06/04/14 CITY OF CARMEL, INDIANA VENDOR: 366798
® ONE CIVIC SQUARE J.B. & M.J.M. OF INDIANA, INC CHECK AMOUNT: $****41,700.00'
CARMEL, INDIANA 46032 710 N PLANKINGTON AVE SUITE 1200 CHECK NUMBER: 233274
MILWAUKEE WI 53203 CHECK DATE: 06/04/14
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 060214 41,700.00 OTHER EXPENSES
Prior Deed References: Instrument Number
;. 9709731965 in the Recorder's Office for
Hamilton County,Indiana *Ro"
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "Agreement") is made and entered into this day
of , 2014, by and between J. B. & M. J. M. of Indiana, Inc., an Indiana Corporation,
("Grantor')*and the City of Carmel,Indiana ("Grantee").
RECITALS:
A. Grantor is the owner of certain real property located in Hamilton County, Indiana
("Grantor's Property") more particularly described in Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the US 31 Water Main
Installation (the "Project") requires a permanent, exclusive easement over, through, under, upon and
across that portion of Grantor's Property more particularly described and depicted on Exhibit A and
Exhibit B attached hereto and incorporated herein, (the "Easement Property") to provide for the laying,
installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing
water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over,
and across the Easement Property.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein by reference and the mutual covenants and agreements hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual
easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering,
reparing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters,
accessories and equipment (the "Improvements") on, over, through, under, upon and across the Easement
Property. Grantee shall have the right to: (a) remove from the Easement Property, without liability for
replacement or repair, any fences, structures, asphalt or concrete paving, curbing or other,improvements,
trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of, or after
Grantee's acquisition of such easement; and (b) make such alterations and improvements to the Easement
Property as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. If the
Improvements are installed in good faith in a location other than the location that is described and
depicted in Exhibit A and Exhibit B then, and in that event, the Easement Property defined herein shall be
revised to include that strip of land that is centered on the line or equipment as installed, and in such an
event, Grantor and Grantee, shall join in the execution and acceptance of an appropriate substitute
easement instrument if either Grantor or Grantee shall deliver to the other a written request for such a
substitute easement instrument. Grantee shall also have the right of ingress and egress over, under, upon
and across the Grantor's Property for purposes of access to the Easement Property. The easement also
includes the rights and privileges to temporarily use, from time to time, additional space on the Grantors
Property, where available and necessary, for equipment and materials necessary for the installation, repair
and maintenance of the Improvements located in, under, upon, over, and/or across the Easement Property,
16469634. 1
1
to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted,
and for nearby property owners, their grantees, successors, agents, or employees, to connect the premises
of such nearby property owners by service pipes to the Improvements installed by Grantee within the
Easement Property, provided such nearby property owners, their grantees, successors, agents, or
employees restore the portion of the Grantor's Property disturbed by their work to a condition that is as
near the condition that existed just prior to the time the portion was distrubed by them as is practicable.
2. Obligations of Grantee. The Grantee shall maintain, repair, replace and service the
Improvements.
3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement
Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding
the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface of or over the Easement Property or perform any act which
would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by
it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of
earthen mounds.
4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence,
structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee).
Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block,
impede or interfere with the Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure
to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees,
successors and assigns. All covenants and agreements hereunder may be enforced by an action for
specific performance, and in the event that a party breaches any such covenant or agreement, the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching
party all amounts expended in connection with exercising any such remedy (including without limitation,
court costs and attorneys' fees).
6. Environmental Matters. Grantor covenants and represents that to the best of its
knowledge, neither the Grantor's Property nor the Easement Property is not presently the subject of, nor is
there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim,
liability or action. Grantor agrees that between Grantor and Grantee,the acceptance of this Agreement by
Grantee shall not increase the liability of Grantee for environmentally related claims arising from or
related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of
thisAgreement; (ii) acts of Grantor or any other third party; or(iii) conditions on the Grantor's Property or
the Easement Property not created by Grantee. .
7. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any
past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee
associated with or related to the Grantor's Property or Easement Property.
16469634. 2
8. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a
waiver of any other default under this Agreement. Any remedy or election under this Agreement will not
be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other
remedies at law or in equity.
9. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or
released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded,
shall run with the Grantor's Property and the Easement Property.
10. Entire Agreement. This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and all prior agreements, communications and negotiations between the parties,
either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated,
modified, or amended only by a writing signed by the parties, and no agreement or consent of any other
persons shall be necessary for such termination,modification, or amendment.
11. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Indiana.
12. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other
communications or documents required to be given, delivered or served or which may be given, delivered
or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be
in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized
overnight courier, in which case notice shall be deemed delivered one business day after deposit with such
courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed
delivered two business days after deposit in such mails, or (c) sent by personal delivery, in which case
notice shall be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the
respective parties as follows:
If to Grantee: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: CarmelCity Attorney
With a Copy to: City of Carmel
One Civic Square
Carmel,Indiana 46032
Attn: Director of Utilities
If to Grantor: J.B. &M.J.M. of Indiana, Inc.
710 North Plankinton Avenue
Suite 1200
Milwaukee,WI 53203
Attn: President
16469634. 3
With copies to: Donald J. Smith,Esq.
Stark&Smith,LLP
930 E. 66h Street
Indianapolis,IN 46220
and
Ross A. Sharkey,Esq.
The Schroeder Group, S.C.
20800 Swenson Drive
Suite 475
Waukesha,WI 53186
Any such notice will be effective three days after the notice has been deposited in the United States mail, as
provided above,or if earlier upon receipt.
13. Severability. If any term, covenant, condition or provision of this Agreement or the
application thereof to any person or circumstance, shall at any time or to any extent be held invalid or
unenforceable,the remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be
valid, binding and enforceable to the fullest extent permitted by law.
14. Authority. The persons executing this instrument on behalf of Grantor hereby represent that
he/she has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary
action therefore has been taken. Grantorf u-ther represents and warrants to Grantee that Grantor is the fee
simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor
guarantees the quiet possession of the Easement Property to the Grantee; that the Easement Property is
free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that,
as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor
will warrant and defend Grantee's title to the easement granted hereby against all claims thereon.
15. Attorneys' Fees. In the event of any action or proceeding brought by either party against
the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses,
including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
GRANTOR:
J. B. &M. J. M. of Indiana, Inc.
By: ,- zz 9111Aq1e—z�,
J es G. alestrieri
resident
16469634. 4
GRANTEE:
THE CITY OF CARMEL
BY anthrough h its Board of Public Works and Safet
g
Y
J
By. zz ra:�� ,I
James Brainard,Presiding Officer
Date:
B .
M Ann Burke, Me
Date:
By: 0 J�
�
Lori Watson, Member
Date:
ATTE :
Diana L. Cordray, IA , Clerk-Treasurer
Date: �2-
�I
1646963 4. 5
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Personally appeared before me this day James Brainard, Mary Ann Burke, and Iii Vi-ats who having
been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works
and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity.
5
WITNESS my hand and notarial seal,this day of 2014.
My Commission Expires: Signed Name: �-
My County of Residence: i4 `41"' ` -'-On Printed Name:
S,,,,
SANDRA M.JOHNSON
NOTARY PUBLIC—INDIANA
~� y Comm.Expires Aug 31,2018
16469634.
STATE OF WISCONSIN )
SS:
COUNTY OF WAUKESHA )
Before me, a Notary Public in and for the State of Wisconsin, appeared James G. Balestrieri,
President of Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement
as his/her voluntary act and deed.
Cil.
Witness my hand and Notarial seal this day o" ' , 2014.
20
�Pp;Y\P,�
My Copission Expires: o
Not u is
HEIDI
My County of Residence: SEEF rtXr
i
This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One
Civic Square, Carmel, IN46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document,unless required by law. Douglas C. Haney
16469634. 7
Grantor S.4.
.
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degees 54 mins OZ t Bast 65D 82 fed along the boundary of raid Peaasylvaaia 91 ;.
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1646963 4. .. $...
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17.IT Rsn 3 Hamiitoa .
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d;'i e i tat P94.of tne... or's Land I `: within.tt�e n : _:of wa lines: .. .
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depicted`oa the af#ac ed:Wight of VayPa cel_Plat;marked t i'i it`B' ;depp bed as.follows;
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Lpcatign Cotrtrgl Ito a Surveyplat ecorded:°as:Instra%ne 2 1.(-Q 54?2 in die:Off: of:ffm
Recorder of said County;:tlicSouth:89 degrees SO mmirtes.l6:secondsast'a dstarice.of
I650.Q.feet;along the forth line osaid gtiait%.thenceSouth 00°:degrees 09:minutes'44 seconds;
West a:distance.g£40 00 feet;::to the southesa boun8ary of 1114 :Street aadthepgiar`desgaatei
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de eel QO minutes`36.seconds' [Test a�(fistaric :of 4X34 feet to`#tie.}o : esiguated:'"319"on;.
said Parcel'l'lat;theace;No th 89 degrees 50 mmntes 1G secgnda:Weii distance of OO:feet
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grew 37 mmiites'17 s . _ .. .
P:. ..
said':Parcel flat:tlieiice:South 12 degrees 12 minutes 38ec;onds West a distance:of:25:5a feettb .
file poin#designated"302"_on:sa cl=Parcel Flat;thence South.OR 46V 54 minutes 02 seconds •:..
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54'minutes.03 seconds fast a::distance of 164U4'feet;;:along:said easter boundary:of J
Pennsylvania.Street,to the;southern boundary of 111` Street;=thence South 89 t`egrees 5Q;.
minutes::l6=seconds East a distance q£122:01 feet,along„said sotthem>boundary,to thepornt of
begcriiung and containing 0 Yi6 acres,more or less.
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8A
EXHIBITS
EASEMENT.
PART OP THE$DUTHEAST QUARTER OF SECTION 2;TO.W ]P�17:NORT[�,:RANGE 3 EA$T..HAMILTON COUNTY,.,:
INDIANA,DEING DESCRIBED AS FO". .W
Commencing,_at the.Northuuest corner of said.Sou.thebst Qubrter,..-thence`Soutfi ;99 degrees:50 minutes.'16•
sec onds Ecst (Basisiof Bednng);'ofong the'North 'line of said SoutFieast fluarter, a:.distanee.of 430:Oi':feet, :
said point being:2272,08 feet from:the Nottheast:corner;of said Southeast Quarter,: thence South: 00
degrees 09 minutes 44,seconds ,Vilest, a 'distance of 40..00'.feet to the PLACEOF.BEGINNINQ thence
continuing. South .00 degrees:09 rnlnutes 44 seconds West, .q,distance-of'20.00 feet; .thence North..$9
degrees 50'minutes 16` econds'West, .parallel with.`the Notfli'.Iine of;Soid.Southeast.Quater, o distance:of
296 83-feet to the proposed right=of way of. 111.th Street :thence'North 5$.degrees 00 Minutes 36
'seconds Eost, along said:;proposed.:right, of.—way,.a distance of 37.56 feet to the ex�stu►g right of .Wily of: .
. said 11.1th, Street, th-enne South'8.9:degrees 56 minutes 16.seconds:Eo''dt,.diong;:said 'existing right-;ef way .
End parallel with the North line.of said Southeast Quarter, a.distance of.26.3.6 feet to the PLACE;OF
BEGINNING;:containing 0;1.29 acres; mcr..e or less;.
d, 'Trent E _Newport; a Registered Lantl $urveyor in,:'the 5tafe of Indiana; do hereby. certify.that this
description. was prepared .from 6:Loc6tion.Control Route Survey pldt re;pr, as,'Instrument.2010-0154.72: •
and Quiic(Oim Deed Inst•.'#9709731965,`Os 'recorded in ..the Hamilton County Recorders:Office-
- . �����gl .FRED ��j�t' � •- - ..
'TRE E
. .. •.:: . NT°. NEWPORT .,.. . .. . : .. ••�- '
SGATI.'OF INDIANA .LAND SURVEYOR
!9 /ND I ANS y NO. LS .2 .0 021
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ao..SU;Rv:
PREPARBD :X:.
1)eeelopment.Comult -
wgsia�mn pIDiaatratir:{nnaaum - .: --. - ,
COUNTY:" HAMILTON �' 9f: DRAW Y :. CJC 09-3x13
SECTION,, :CHECK0 BY TEN
TOWNSHIP; 17 NORTH . 10
RANGE: 3 EAST
67. ,til• -
EASEKNT
B. & M,J Mi;:QF:INDIANA,:INC. .
•
HATCHET}AREA IS THE HATCHED AREA IS THE .
APPROXIMATE EASEMENTAPPROXIMATE.PROPOSED-R/W.'
:NORTH: .
NW COR:SI= 1:/4, -NE-COR. SE 1 .,
SEC, 2-17N—.3E 1'11th..STRM- SEC.2-a.7N-3E..
MAG;NAICEND - :RR SPIKEBI).
S.89'50 e7 E.2702:09 (BASIS.- F.BEARING), .
EXISTING R :.. : _S-89'50'1$°:E,265:01:: . BEGINNING: .:
N'89.'5016 W -
_ • 500'09'44'W .. .
:I U S.00'67'467`W.'
58'0036°;E ;37:58.
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4NST 709731965
R - ;
_6 74:59'-
PREPARED BY
F.
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9fe .per lois plot'.was prepgred from a Locat!on Wntrd Route Survey plat.
recorded ps'Instrument 2Q10=015472 and quitclaim dedln4 .
X9709731965, as Pecorded:in the Hamilton County Recoider s Office
No .29600021 .
' '.. ...STATE Di..• - //`� .�'� 09 3=13 '
!,� ��► 1 AN► y04 Trent E Newport Dgfe :
�0 SURV: ' Reg:Land Surveyoc No: 29600021Tran
,;,I, �
State of.lndiana P
Doeto mf oit w'{�A m�
If you decide to accept this offer of $4.1,700.00, sign your name below and mail this form to the
address indicated above. An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
J. B. &M. J. M. of Indiana,Inc., landowner of the above-described property or interest ' .
prohereby accepts the offer of$47,100.00 made by the City of Carmel on this° ay
p ,
of 2014.
J.B. &M. J. M. of Indiana,Inc.
BY
J es G. Balestrien
Oesident
NOTARY'S CERTIFICATE
STATE OF WISCONSIN )
)SS:
COUNTY OF WAUKESHA )
Subscribed and sworn to before me this day of 2014
My commission expires: -f �—
County of residence:` CHS �__ o Q.a
Signa ur
—�P�®'� PAY PU t�1ll I
,�arf�,i�
HEIDI J. irinted
SEEFELDT
iEfp�a Pp,� OF WIS����_- .
i
VOUCHER # 135240 . WARRANT # ALLOWED
T0668 IN SUM OF $
J.B & M.J.M. OF INDIANA INC
710 N Plantkinton Ave #1200
Milwaukee, WI 53203
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
4 09-1051-87 $41,700.00
i
Voucher Total $41,700.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
Oprice per unit, etc.
Payee
T0668
J.B & M.J.M. OF INDIANA INC Purchase Order No.
710 N Plantkinton Ave#1200 Terms
Milwaukee, WI 53203 Due Date 5/27/2014
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
i
5/27/2014 060214 $41,700.00
i
I hereby certify that the attached invoice(s), or bill(s) is(are)true and
correct and I have audited same in accordance with IC 5-11-10-1.6
�4/
Date O icer