HomeMy WebLinkAbout238016 10/09/14 Gr \� CITY OF CARMEL, INDIANA VENDOR: 365092
® ONE CIVIC SQUARE CLAY TERRACE PARTNERS LLC CHECK AMOUNT: $****39,500.00*
CARMEL, INDIANA 46032 C/O SIMON PROPERTY GROUP CHECK NUMBER: 238016
255 W WASHINGTON ST CHECK DATE: 10/09/14
INDIANAPOLIS IN 46204
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 100114 39,500.00 OTHER EXPENSES
EXHIBIT 1
Prior Deed References: Instrument No.
, in the Recorder's Office for
Hamilton County,Indiana
WATER LINE EASEMENT AGREEMENT
T. 's Water Line Easement Agreement (the "Agreement") is made and entered into this 170a,
of014, by and between Clay Terrace Partners, LLC, a Delaware limited liability
company ("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 A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the 146`x' Street Water
Main Installation (the "Project"), requires a permanent, non-exclusive easement (i) through, under and
across the subterranean portion of Grantor's Property more particularly described and depicted on Exhibit
B and Exhibit C attached hereto and incorporated herein, (the "Easement Property") and (ii) over and
upon that portion of the Easement Property upon which a fire hydrant is located 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 through,
under 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 a non-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, equipment and fire hydrants (the "Improvements") through, under 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. Grantee shall also have the right of ingress and egress over, upon and across the then paved
portions of Grantor's Property for purposes of access to the Easement Property.
2. Obligations of Grantee. Grantee shall restore the Easement Property, to the extent
practicable, to the condition as existed prior to the commencement of the Project. 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
T'
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. Oblations 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. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from
this indenture shall be filed in either the Circuit or Superior Courts of Hamilton County, Indiana, or the
Federal District Court for the Southern District of Indiana.
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.
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.
L:/City of Carmel/Clay Terrace/Easement. 2
Y•
1
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, or (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. All notices shall be addressed to the
respective parties as follows:
If to Grantee: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Carmel City Attorney
With a Copy to: City of Cannel
One Civic Square
Carmel, Indiana 46032
Attn: Director of Utilities
If to Grantor: Clay Terrace Partners,LLC,
a Delaware limited liability company
c/o Simon Property Group
255 W. Washington Street
Indianapolis,Indiana 46204
With a Copy to: Corporate Legal Department
Attn: General Counsel
c/o Simon Property Group
255 W. Washington Street
Indianapolis,Indiana 46204
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
they have the authority to bind Grantor to the terns and conditions set forth herein and that all necessary
action therefore has been taken. Grantor further 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,
L:/City of Carmel/C1ayTerrace/Easement. 3
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.
IN WITNESS WHEREOF,the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
GRANTOR:
CLAY TERRACE PARTNERS,LLC,
a Delaware limited liability company
Robert P.®emchak
GRANTEE: Secretary&General
Counsel
THE CITY OF CARMEL
By and through its Board of Public Works and Safety
By: /V/0% -Cs ?/I t
James Brainard,Presiding Officer
Date:
By:M&-&1 4 4,t
Mary Ann�urke ember
Date:
By:
Lor �son,Meber
Date: I
ATTEST:
Sandra M.rotmson
ft( Clark Rz ,
iana L. Cords , IAM , Clerk-Treasurer
Date: f
L:/City ol'Carmel/C1ayTerrace/Easement.
4
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Personally appeared before me this day S , Mary Ann Burke, and Lori Watson, 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.
�
WITNESS my hand and notarial seal,this day of LAa42014.
My Commission Expires: Signed Name.
T .
My County of Residence: Printed Name:
" SANDRA M
.JOHNSON
�o NOTARY PUBLIC-INDIANA
b1fi ,r My Comm.Expires Aug 31,2018
U/City of Carmel/Cla}Terrace/Easement. 5
STATE OF )
SS:
COUNTY OFMaA )
Before me, a Notary Public in and for the State of Indiana, appeared Ah rd&hof Clay
Terrace Partners, LLC, who acknowledged the execution of the foregoing Water Line Easement
Agreement as his or her voluntary act and deed.
Witness my hand and Notarial seal this 2 day of 1 , 2014.
My Commission xpires:
d yZ2 o l Notary OCblic
My County of sidence: +�
[Printed]
This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One
Civic Square, Carmel, IN 46032.
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
RHONDA L.PEFFER .-
5e�ornnr. : Marion County
My Commission Expire•:
'. t�'•' April 24,2021
L:/City of Carmel/Clay Terrace/Easement. 6
EXHIBIT B
Easement Property
UTILITY EASEMENT
+A,strip of g1•aund` Wouty(20.00)feet-iu iv dthr cher.ibed as folTOWS:
A pait of the Noaoast Quarter of Section 24,Township 18 Nortb.Rango 3 fst,in
Hamilton Cour] r,rndIma,Foam mora par&oularly described as follows.,
Cor ening at th6 Nmtheast wivor of-said Northeast Quadex,Swim) ; Thonpo South 88
degress 47 mioutes 30 moonda West(assumed beadnB) along the north lino thereof a
distance of 33 05,5 -feet to•the NortLwcst ager of thD Past MV of said NortUast
Qbamr Section;Thcaaae South 00 dogre*s 00 minutes 09 secon&East along tche west Hno
theredu.disianoo of 85.32 feat to(he southlUghvd Way lino of 14:0 Stred;Thane
Forth 88 degrom 47 minutca 30V seaondm East along,the south Bao tbered"a dystmoc of
'668,16 feet; Thbnce South 00 derees 26 n1%utes 17 wnosads'East aha of 41.41.
feet;Thauoo North 89 degrees 43 xas`nutes 42 sownds Last a distance of 73.35 motto rbe
I~'I1AM Off'13 •G�Z' wry;=theme South V degeem20 miuutos S5 swond.S East a
dloonre of 86,6' bet;Thonce South 88&grew 50 xnl otos 3 a peoonds Last a dWanae a
193.95.foot to Thz'Fast Wgbt•-of dray Df M. 31 y Themuo along Lha.W.da fight of'V'►ky
of ii-S.31 S-auth 19 degrees 31 mi utas 23 sc WW,14 East a disW1N.-,of 21.3 8 feet;Ttlenoe
North 88,,dagtaes 5D minutes•31 scan ft Vest a distance of 201.79 int; 'I;bonw llrbrth 87
degr=20 minuf rx 55 a0r;onds Westa distanva of 85.99 feet; Thema North Ob deX=9i
06 iWmitbs 37-seeonds ft-t s disfauce of 20.00 feet to the MACE QI'BEG1WNG,
Ce at, in said Tweaty (20)Tv o t-,z trk Q.1,3 Aoaros,(51G4 std ff-),wor s a Iess.
t Treat)�,N"owpoil,a'Roj�stergd.-Lr and Sm 4yor ua.the Stttte.ofli4ana,do bexe�y comfy
that this desaziption 9s based qutlae prod of wrd 7xmtamentNumber 300500066.09
in-tho Office.o the Rmor•cim csf Haw: on 0ouaty,Indfanm. Xo ilold wodk was
pr-rfor ed;therefore,the pvpperty s subject to=q overlaps, g4pli,or other
anoonsistanoles that-.property, sm oy w*ht,rgveEkl:
U. Nay MNT LIMWPORT
�o p� INDIANA.LAIiD SURYEYOR, . .
NO,LS 29600021
. �q �j o! p ,►Off, .
B-1
EXHIBIT C
Easement Property
'
)EI
I CHEC d BY: CSF. 12-U-16
4�..jJ�` CHEGKfD,DY:i'�lq
SUE- 1' 10A'
EASEMENT EXHIBIT
OVRNER: CLAY TERRACE PARURS, LLC
' RECORD DDCUGiE711i fN5T No..200500D66095
HATCREO ARM 19 INC
APPROAMATE MOT AREA
WE CDR
WE 4
NW CDR M.124
E i/2, NE 1/4 1481H5� T18N,"R3E
SEC
24
TJM'.R3E S 813'47'30 W 1$05;54' .
. sgC7 J-WE,E 1/2 NE 1/4 L �'1/4
NQM LINE, 5Et`.•24,118% R3E
5Ei;2d, T18N, R3)~
PLACEOF
N 98 0" 669.10, EGIN14ING liwStR/W
SOUTH R/W UNE 14tiTH ST, j t36'S0`,�1° E UNE US, 31
n 1 3.98' G
6[� N 863D 31" V
' ,201.791'
p Aa'oD`pa^ E S 87'20'55.° E ] N 0D'06:V" E
85.u2' 86.6`x' ROAM'
S DD'2647' E5GJ 5 19'31'234 E
#1,4t' 21.36'
N $9'2'42° E K 87'20'55"IN
73.25' ZEN,
1♦�H SA ARE. - BY:
p�. To the best o�my kPvwlydya wrd•belt .this OuLwas reparoQ from
No, lniormotfai obtal0ed ftom 1NST.}to,=500008095 ui tho Ohba of tho
R_�wdar of flu tori lXatnt},lodbna,No Ud stark was perforne.q,therr:Pore, ,
ZL.� 0dDi the property Is subfaot19 any 9verfops gap!;,or ocher inconslstonoles that a
propody°vrvay'might rreooi,
r SihfEOF rL1� fl��� i .
l� Trent 1>Narfport Date
S U y Reg.Lund 5vroaynr NP,29600021
s: 'ppb,tfoh k
Statof Indiana Lnrduyluaut. teuL`
w"mKc�wWrx�"pwm.m
1/3527150.2 C-1
EXHIBIT B
Easement Property
UTILITY EASEMENT
A strip of (20,00)feet xn wi,dtht deseribed as folloWs:
A pati of tba hlozGheast Quarter of Swoon 24,Township 18 North,Rmp 3 last, in
Rm ton Count;McHma,bo3ng.moro partirWt rly desoribad as follows:
Cormenoi ng at tine Nw theast uoi%or of-said 1�ortheast Quarter S eotion ; Thence Sol&8.8
degrees 47 mutes 30 seavadaWest(assumedbeadng) along thenorth line thereof a
distance of 13 05.54 feet to'Elie Nortttwest cu=r o£tho East Fbif of said Norl�east
Quarter geotlon;Thmoe 9auth 00 dogrees 00 urinates 09 seconds Rast along the'%vest Eno
thwoof a distance of 85,32 feat to the of 1451'Streut;Tf wmn ,
Forth 89 degrees 47 minutes 3G oaonda East along the south.lino thereol'a ataum of
'665.16 feet; Thorne Scuff 00 devees 2G mutes 1.7 aowtuds Bast adlstnft of 41-41
Wit;Thanco forth,99 d"es 42)xaffiutes 42 sounds East a dbf t oe of 71,2 fbet to the
MA a'OF South r/ degree%-20 mi -utes East a
disfanre of 86.61 bv.t;Thonce Soath 88 tlograes 50 mitutos 31 seconds Est a distances ox
193,98.feet to Tho Fest Wght of Wky of 17.5. 31;Thence vloAg thest ight of-Way
of U S.31 S-Duth 19&eWeet 31 milmtas 23 seearids East a-di0aaci of 21.38 feet;Thence
ld'orfb-88"dgXaes 51l�irtes-31 seconds hest a distance of 201.79 ftt; 'I:hento 11011th 87
degf'�20 uf�sa5 s�exrn+�s�xes��c�sta�.�e of 55,99 few 'Thenar NrUxth ab dtr,�as
OS;xi7nUtes �7 seconds Ear t�isTanGe of 20.170 feet to the PLA-,CZ OR BEGMING,
Cvutiainf g in seid Twenty (2u)Twxtrfa 0.13 Aoarrs(5;G1 std, more..or fess.
1"Tieut t,Nev,►laod,a.RcccgWtarAd Land Survgar iu the State of Tidiana,Flo hexefy Cor*
that this dasoxiptlon 9s based.9a-Ibe.)Dwd ofloord Thstr=eatNumber 900500066.095
in tba Office:oi`tha keratdm oxHalton Comty,lndiann- No gold work was
perfa=ed;therefore,t ae pvpperLy i,s subjeot:to=y o'vorlaps, gapq,or oiher
anGonsistvrlciesthat-aprop exM, siurvoy,mieghtrgveAJ.
'x' WI-E.MWE RT
X0,LS 2960001
,r O�
s-1
EXHIBIT C
Easement Property
'�" ARA�t AY' CSP 12-6-1d
HIBI i 7 CHEGKN
E6,AY:i
'°" a �+' •ea< 5�`A1t;•: 1'=l0A'
EXB
EASEMENT EXHIBIT
NIB! CLAY GRACE PARURS, LLc
• ,zEcroRo ooruE�llr: r,*tsr No.2aO5ooC6fi0p5
�- HATCHER ARM 19 THE
APPRO M W!',R8i AWT AREA
NE CDR
NW COR NE 1/4
! 1/Z HE 1/h SSe, ?.4
SEC 24 `OTH STREET TiBN,'R3!
Ti81l,.R3E '
S 88'47'30t1 1 05:54'
'h�ST tiNE, E 2 NE 1/4 LiQM LINE,JE ,SEC. 24.1`18N, ROE
SEC.2d•, T1NNr M
` PLA4�•OF
N t38I:'30" E 569.16, [01NN1NG lr3 R/W
SUU71i R/W LINEY1f=67N 9.1;_1S 8B'Sp`1° E LING US 31
3 3.9.1
N 85,56'39" %r
LD AD'OWPO E S 8720'55`E ] N 66'DB:$7u E
85.32' 66.52' 2btTR
�1.4t' 21.36'
N fls'42'4.2 E 877OW W
73.2&' •65Sb'
PREPARED BY:
�� ��Kt:•jyA
��� �at57 k#b To the baht ar my 8pgnlsd90 wi URDF tills PIPE was PRPDT04 from
�ja, LS `� rniprmation obtolned from INST.Ifg.MMOD5aDDu bi 010 Ofilag of tho
Itycardnr il,:&giv,
al 11gm%w Ownty,ludkwo,Ho fiuld York vias purtomod,thererero,
29600029 tilt properly is Ojuot to uny Warlem gaps,or giber incanslslunoles that a
VIA1E of
proparip survey'mipbt roved.
�y, fknlAtb y 44I l��!!
� F.. ltant F-Hexpart-' Data
flog.Land Slimpr Np•29500021 i7ariap' tfoh
State of Inolona neret"kmenfonsniP da
wocxntw.kxxfrtppm,m
1/3527150.2 C-1
VOUCHER # 141973 WARRANT# ALLOWED
T0665 IN SUM OF $
CLAY TERRACE PARTNERS LLC
C/O SIMON PROPERTY GROUP
255 W WASHINGTON ST
INDIANAPOLIS, IN 46204.
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
d/,/yzo o�
100114 $39,500.00
I
Voucher Total $39,500.00
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,
price per unit, etc.
Payee
T0665
CLAY TERRACE PARTNERS LLC Purchase Order No.
C/O SIMON PROPERTY GROUP Terms
255 W WASHINGTON ST Due Date 10/3/2014
INDIANAPOLIS, IN 46204
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/3/2014 100114 $39,500.00
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
Date r