HomeMy WebLinkAboutBPW 082008 Paperless PacketI . City of Carmel
Board of Public Works
and Safety Meeting
August 20, 2008
10:00 A.M.
Diana L. Cordray, Clerk Treasurer
NOTICE TO BIDDERS
City of Carmel, Indiana
Notice is hereby given that the Board of Public Works and Safety for the City of Cannel, Hamilton
County, Indiana will receive sealed bids for the above described " Cool Creek Norlh Trail Project" at the
office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) until 10:00 A.M. Local
Time on or before August 20, 2008 , and commencing as soon as practicable thereafter on the same
date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late
bids will be accepted.
All bids and proposals shall be properly and completely executed on the proposal fonns provided with
the plans and specifications, which will include the non-collusion affidavit as required by the State of
Indiana. The bid envelope must be sealed and have the words "BID -Cool Creek Trail"
A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be
submitted with each bid. A one hundred percent (100%) perfonnance and payment bond will also be
required of the successful bidder. It is intended that actual construction of all work divisions shall be
started as soon as practicable, and each bidder shall be prepared to enter promptJy into a construction
contract, furnish a perfonnance bond, and begin work without delay in the event the award is made to
him.
The Project consists of, but is not necessarily limited to, the following:
Construction includes approximately 1.42 miles of pedestrian trail, bridge and approach areas.
Project also includes installation of several drainage structures, street crossings, wood safety rail,
erosion control measures, as well as safety signage.
Contract Documents for the Project have been assembled into one bound project manual, which together
with drawings, may be examined at the following locations:
City of Cannel
Department of Engineering -1st Floor
One Civic Square
Cannel, IN 46032
(317)571-2441
OR
Butler, Fainnan & Seufert Engineering
8450 Westfield Blvd., Ste. 300
Indianapolis, IN 46240
(3 I7) 713-4615
Copies of such drawings and project manuals must be obtained from Butler, Fainnan & Seufert, at the
address stated above, upon the payment of $100.00 for each set. These sets may include full-size
drawings. Payment must be by check. NO CASH ACCEPTED. Make checks payable to Butler,
Fairman and Seufert. All payments and costs ofContract Documents are non-refundable.
Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and
shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of
drawings and Contract Documents.
AR-I
NOTICE TO BIDDERS
City of Carmel, Indiana
Notice ;5 hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton
1s1County, Indiana will receive sealed bids for the "#08-06 -Avenue SW Drainage and Street
Improvements Project" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City
Hall) until 10:00 a.m. Local Time on or before August 20, 2008, and commencing as soon as
practicable thereafter during a special Board of Public Works Meeting on the same date, such bids will
be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be
accepted.
All bids and proposals shall be properly and completely executed on the proposal forms provided with
the plans and specifications, which will include the non-collusion affidavit as required by the State of
Indiana. The bid envelope must be sealed and have the words "BID -Project # 08-06 -1st Avenue
SW Drainage and Street Improvements Project".
A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be
submitted with each bid. A one hundred percent (100%) performance and payment bond will also be
required of the successful bidder. It is intended that actual construction of all work divisions shall be
started as soon as practicable, and each bidder shall be prepared to enter promptly into a
construction contract, furnish a performance bond, and begin work without delay in the event the
award is made to him.
The Project consists of, but is not necessarily limited to, the following:
The reconstruction of 1s1 Avenue SW beginning on the north side of :fd Street SW and proceeding
north to the south side of 1s1 Street SW The proposed improvements include new asphalt pavement,
concrete curb and gutter, concrete Sidewalk, curb ramps, storm sewer system, future electric conduit,
street lighting, mulch seeding, and pavement markings. On-street parking is proposed along the east
side of 1s1 Avenue SW for the entire length of the project.
Contract Documents for the Project have been assembled into one bound project manual, which
together with drawings, may be examined at the following locations:
City of Carmel CrossRoad Engineers, PC
Department of Engineering -1 st Floor 3417 Sherman Drive
One Civic Square Beech Grove, IN 46107
Carmel, IN 46032 (317) 780-1555
Attn: Trent E. Newport, P.E., L.S.
Copies of such drawings and project manuals must be obtained from CrossRoad Engineers at the
address stated above, upon the payment of $75 for each set. These sets include full-size drawings.
Payment must be by check. NO CASH ACCEPTED . Make checks payable to CrossRoad
Engineers, PC. All payments and costs of Contract Documents are non-refundable.
Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and
shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of
drawings and Contract Documents.
This Project will be funded by City of Carmel.
Wage rates for the Project shall not be less than the current prescribed scale of wages as determined
by the Common Construction Wage Committee in accordance with I.C. 5-16-7 and included in the
Project Manual.
A pre-bid conference for discussions of the Project, the bidding requirements and other important
matters will be held on Wednesday, August 13 at 10:00 AM Local Time in the Caucus Room on the
2nd Floor of City Hall (One Civic Square). All prospective bidders are invited to attend the pre-bid
conference. The pre-bid conference is not mandatory.
c EL
J-\.\IES BR.-\l:\r\HD, MA.YOR
August 11, 2008
Chief Smith: Upon review of the bids for turnout coat and bunker pants, I find that the
least expensive vendor bid is Hoosier Fire representing Globe Gear. Please note that this
bid is not spec compliant.
The company that meets the spec 100% is Total Fire Group representing Morning Pride
Gear.
After comparing bids, I would recommend that the department proceed with
purchasing 150 sets of turnout coat and pants with the Total Fire Group. This
company is the most responsive to the Carmel Fire Department Safety Committee's
specifications.
Per set of Turnout Coat and Bunker Pants:
Hoosier Fire/Globe Gear-$1,782.60
*Total Fire Group/Morning Pride-$1,820.86 X 150 sets= $ 273,129.00
Towers FirelMorning Pride-$1,872.00
Respectful!y,
r--') )Q j (J.-+:-
, ~ ~,-.... ~----. / .
Gary L. Carter
Quartermaster/DPA
CAR.\lEL FIRE DEP.\J{nIENT
STE\'E:' A. COUTS HE.\I)QUAI(TmS
T\\o C1\1C SQUARE, C.\Jl\UL, [1\ 46032 OFFICE 317.571.2600 F.-\.\: 317.571.2615
t'age I or I
Johnson, Sandy M
From: Duffy, John M
Sent: Wednesday , August 13, 20084:36 PM
To: Johnson, Sandy M
Subject: 141 st Street water main
Sandy,
For the August 20th BPW meeting, we wish to award the 141 st Street water main extension to Harvey Construction in the
amount of $149,830 . Thank You.
J Duffy
8114/2008
To: Board of Public Works Date: August 20. 2008
and Safety
City of Ca~el, Indiana Resolution No: BPW-08-20-08-0"!l
Principal: Brenwick Development Co.,
Inc. From: City Engineer
surety: Bond Safeguard Insurance Co.
Board Members:
I have conducted final inspection of VOWC 3001 Blk. E Regents BId. Projec
for the following improvements:
ITEM Bond Number AMOUNT
Streets 5026872 $ 6,970.00
Sidewalks 5026874 $ 4,721.00
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Perfo~nce amount
for Streets and Curb & Gutters, be filed with the City of Ca~el, sai
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Perfo~nce amount
for all improvements (minimum $100.00), be filed with the City of
Ca~el, said Guarantees to run for a period of (3) years.
cITy Engl.neer
Be it resolved by the Board of Public Works and Safety, City of Ca~el,
Indiana on this 20th day of ~A~u~g~u=s~t__________ 20~, that the Perfo~nce
bonds ·for VOWC 3001 Blk. E Regents Building Project as listed above are
hereby released and said improvements accepted by the City of Ca~el, Indiana
subject to the listed conditions above. The effective date of the Maintenanc
bonds shall be the same date as this resolution.
Signed:____________________________________
Board of Public Works and Safety
Executive Vice President
Brenwick Development Company. Inc.
12821 East New Market Street. Suite 200 P 317·574-3400
Carmel. Indiana 46032 f 317-574-3919
August 1, 2008
Mr. Dick Hill
Assistant Director, Department ofEngineering
One Civic Square
Carmel, IN 46032
Re: The Village of WestClay, Various Sections
Dear Dick,
Please consider this a fonnal request for the release of the following performance bonds:
51 !BDI~ISlgIS: IMPR{J~EMRNI ua~~o. ~Mgl~I
Village of WestClay Asphalt Stone & Pavement 5026872 $6,970.00
Section 3001A Blk E Sidewalks 5026874 $4,721.00
Regents Bldg
Village of WestClay Sidewalks 5026832 $3,109.00
Section 3004 Blk D Concrete Curbs 5026831 $5,491.00
COQeland Bldg
Village of WestClay Pavement, Curbs 5025143 $15,300.00
Section 6003B CVS & Sidewalks
Village of WestClay Asphalt Stone & Pavement 5028193 $90,992.00
Section 15002A Concrete Curbs 5028194 $22,319.00
Water Mains & Laterals 5028196 .J.g.860.00
Please feel free to contact me at your convenience at 574-3400 with any further infonnation that you may
require.
Sincerely,
DEVELOPMENT COMPANY, INC.
...the Art of creating neighborhoods
· , ~
To: Board of Public Works
and Safety
Date: August 20. 2008
City of Carmel, Indiana Resolution No: BPW-08-20-08-~
Principal: Brenwick Development Co.,
Inc.
From: City Engineer
Surety: Bond Safeguard Insurance Co.
Board Members:
I have conducted final inspection of VOWC 3004 Blk. D Copeland Bl. Projec
for the following improvements:
ITEM Bond Number AMOUNT
Curb"&'"'""Gutters 5026831 $ 5,491. 00
Sidewalks 5026832 $ 3,109.00
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Performance amount
for Streets and Curb & Gutters, be filed with the City of Carmel, sai
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved:
4z2~:/
Clty Eng.1.neer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 20th day of ~A~U~g~u~s~t~________ 20~, that the Performance
bonds for VOWC 3004 Blk. D Copeland Bldg. Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana
subject to the listed conditions above. The effective date of the Maintenanc
bonds shall be the same date as this resolution.
Signed:_____________________________________
Board of Public Works and Safety
Excculive Vice President
· .' "'"
B,,:·nw,c!: OE'v(·JOprn,,'ll (ornpailY. '"(
12021 Ea; l New Mark"'l SlreE'l , SUrle 200 P 317· 574·3400
ill ITlP:. '"cJ,~"a 4603; 317-~74-391"
August I. 2008
Mr. Dick Hill
A:ssistant Director. Departm~nt of Engineering
One Civic Square
Carole\. IN 4603~
Re Til..: Village of \\'l!st(,l~y. Various Sections
Dear Did.
Pku<;(' cl)n~iJc'r tlli1' a tormal request for the release of the following perfonnance bonds:
Sllnlll:nSIU~ II\1I!BO:\'E~1ErsI IUllSD rsO. ~~OIJtiI
Village of WcstClay Asphalt Stone & P;Jvement 5026872 $6.970.00
Sc:ction 3UOIA 1311; E Sidewalks 50:!6874 $4.721.00
Rel.!eI1l!> Bide
Village llf W\!stClay Sidew:Jlks 5026832 $3.109.00
Seclion 3004 Blk 0 Concrete Curbs 5026831 $5,491.00
CORc:land Bldg
Village of WcstCla) Pavement. Curbs 5025143 SI5.300.00
Seclioll (J003B CVS & Sidewalk:s
Vill:Jge of WestClay Asphalt Stone & Pavement 5028193 S90.992.00
Sect Ion 1500:!A Concrete Curns 5028194 $22.3 (9.00
Water Mains & L:Jlerals 5028196 $62.860.00
Pk<l~c fttl free to conLaet me <It your convenience at 574-3400 with allY further information that you may
requlri:.
Sinc<.:rely.
.J.; DEVELOPMENT COMPANY, INC.
/'
...the Art of creating neighborhoods
f , " To: Board of Public Works Date: August 20. 200a
and Safety
City of Carmel, Indiana Resolution No: BPW-Oa-20-0a-05
Principal: Brenwick Development Co.,
Inc. From: City Engineer
Surety: Bond Safeguard Insurance Co.
Board Members:
I have conducted final inspection of VOWC 6003B CVS Pharmacy Projec
for the following improvements:
ITEM Bond Number AMOUNT
R/W Improvements 5025143 $ 15,300.00
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Performance amount
for Streets and Curb & Gutters, be filed with the City of Carmel, sai
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved: 7&2~L City Engineer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 20th day of ~A~u~g~u=s~t__________ 20~, that the Performance
bonds for VOWC 6003B CVS Pharmacy Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana
subject to the listed conditions above. The effective date of the Maintenanc
bonds shall be the same date as this resolution.
Signed: ____________________________________
Board of Public Works and Safety
Executive Vice President
, ,
Brenwick Development Company, Inc.
12821 East New Market Street, Suite 200 P 317-574-3400
Carmel, Indiana 46032 f 317-574-3919
August 1, 2008
Mr. Dick Hill
Assistant Director, Department of Engineering
One Civic Square
Carmel, IN 46032
Re: The Village of WestClay, Various Sections
Dear Dick,
Please consider this a formal request for the release of the following performance bonds:
SI!BIJIVISIQ~ IMPBO~EMENI IIg~Cig, ~M;oIJNT
Village of WestClay Asphalt Stone & Pavement 5026872 $6,970.00
Section 300IA Blk E Sidewalks 5026874 $4,721.00
Regents Bldg
Village of WestClay Sidewalks 5026832 $3, I09.00
Section 3004 Blk D Concrete Curbs 5026831 $5,491.00
Co~land Bldg
Village of WestClay Pavement, Curbs 5025143 $15,300.00
Section 6003B CVS & Sidewalks
Village of WestClay Asphalt Stone & Pavement 5028193 $90,992.00
Section 15002A Concrete Curbs 5028194 $22,319.00
Water Mains & Laterals 5028196 __.!ru60.00
Please feel free to contact me at your convenience at 574-3400 with any further information that you may
require.
Sincerely,
DEVELOPMENT COMPANY, INC.
...the Art of creating neighborhoods
To: Board of Public Works
and Safety
Date: August 20. 2008
City of Carmel, Indiana Resolution No: BPW-08-20-08-0~
Principal: Brenwick Development Co.,
Inc.
From: City Engineer
Surety: Bond Safeguard Insurance Co.
Board Members:
I have conducted final inspection of ~V~O~W~C~1~5~0~0~2~A~________________ Projec
for the following improvements:
ITEM Bond Number AMOUNT
Streets 5028193 $ 90,992.00
Curb & Gutters 5028194 $ 22,319.00
Water Mains 5028196 $ 62,864.00
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Performance amount
for Streets and Curb & Gutters, be filed with the City of Carmel, sai
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved:
2t22Z& L City Engineer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 20th day of ~A~u~g~u~s~t__________ 20~, that the Performance
bonds for VOWC 15002A Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana
subject to the listed conditions above. The effective date of the Maintenanc
bonds shall be the same date as this resolution.
Signed:____________________________________
Board of Public Works and Safety
Executive Vice President
Brenwick Development Company, Inc.
12821 East New Market Street, Suite 200 P 317-574-3400
Carmel, Indiana 46032 f 317-574-3919
August I, 2008
Mr. Dick Hill
Assistant Director, Department of Engineering
One Civic Square
Cannel, IN 46032
Re: The Village of West Clay, Various Sections
Dear Dick,
Please consider this a formal request for the release of the following perfonnance bonds:
SllIIDIYISlglS: IMPBP~M~rs;I BQ1SD~O, ~MgUNT
Village of WestClay Asphalt Stone & Pavement 5026872 $6,970.00
Section 300lA Blk E Sidewalks 5026874 $4,721.00
Regents Bldg
Village of WestClay Sidewalks 5026832 $3,109.00
Section 3004 B1k D Concrete Curbs 5026831 $5,491.00
COReland Bldg
Village of West Clay Pavement, Curbs 5025143 $15,300.00
Section 6oo3B CVS & Sidewalks
Village of WestClay Asphalt Stone & Pavement 5028193 $90,992.00
Section 15002A Concrete Curbs 5028194 $22,319.00
Water Mains & Laterals 5028196 ~860.00
Please feel free to contact me at your convenience at 574-3400 with any further information that you may
require.
Sincerely,
DEVELOPMENT COMPANY, INC.
...the Art of creating neighborhoods
t .. ". To: Board of Public Works Date: August 20, 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-08-20-08-07
Principal: East Carmel, LLC
From: City Engineer
Surety: Bond Safeguard Insurance Co.
Board Members:
I have conducted final inspection of Legacy Master Infrastructure Projec
for the following improvements:
ITEM Bond Number AMOUNT
Streets 5028507 $ 465,510.00
Curb & Gutters 5028503 $ 60,570.00
Sanitary Se.elB 5628594 --, $ 119,319.00
Storm g~a1Aage 5Q28596 I¥X Ct>~~103;. f?eJd $ 103, 'n&..OO
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Performance amount
for Streets and Curb & Gutters, be filed with the City of Carmel, sai
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
cITy Engl.neer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 20th day of ~A~u~g~u~s~t__________ 20~, that the Performance
bonds for Legacy Master Infrastructure Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana
subject to the listed conditions above. The effective date of the Maintenanc
bonds shall be the same date as this resolution.
Signed:______________________________________
Q"" ...rl ,,~ D"h'~,.. w"...IrQ ..nn ~..~..t-"
Executive Vice President
Brenwick Development Company, Inc.
12821 East New Market Street, Suite 200 P 317-574-3400
Carmel, Indiana 46032 317-574-3919
August I, 2008
Mr. Dick Hill
Assistant Director, Department ofEngineering
One Civic Square
Carmel, IN 46032
Re: The Village of West Clay, Various Sections
Dear Dick,
Please consider this a formal request for the release of the following perfonnance bonds:
~I!BIlU::I~IO~
Village ofWestClay
IMPBg~MErs:I
Asphalt Stone & Pavement
IUl~tiQ.
5026872
~Mgl~I
$6,970.00
Section 3001A Blk E Sidewalks 5026874 $4,721.00
Regents Bldg
Village of WestClay Sidewalks 5026832 $3,109.00
Section 3004 Blk D Concrete Curbs 5026831 $5,491.00
C012eland Bldg
Village of WestClay Pavement, Curbs 5025143 $15,300.00
Section 6003B CVS & Sidewalks
Village of WestClay Asphalt Stone & Pavement 5028193 $90,992.00
Section 15002A Concrete Curbs 5028194 $22,319.00
Water Mains & Laterals 5028196 __ ~860.00
Please feel free to contact me at your convenience at 574-3400 with any further infonnation that you may
require.
Sincerely,
DEVELOPMENT COMPANY, INC.
...the Art of creating neighborhoods
I
~ To: Board of Public Works Date: August~, 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-08-td-08-.~
Principal: Raymond Roehling
From: City Engineer
Surety: National City Bank of Indian
Board Members:
I have conducted final inspection of Lakeside Park,
for the following improvements:
Section 3 Projec
ITEM Bond Number AMOUNT
Monuments & Markers O.C. 1195524733 $ 1,296.00
The above improvements have been completed and are acceptable to the Cit~
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Performance amount
for Streets and Curb & Gutters, be filed with the City of Carmel, sai
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved: -/
~/?22t?-CtYEngine ~
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 6th day of ~A~u~g~u~s~t~________ 20~, that the Performance
bonds for Lakeside Park, Section 3 Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana
subject to the listed conditions above. The effective date of the Maintenanc
bonds shall be the same date as this resolution.
Signed:____________________________________
Board of Public Works and Safety
..
STOEPPELWERTH & ASSOCIATES, INC.
CONSULTINGENGThrnERS-LANDSURVEYORS
David J. Stoeppelwerth
PIMkIent. CEO
ProfMIIonaI EngI~
~lMId Surveyor
Curtis C. Huff
VIce PnIeIdent. coo
Prot.aIonaI I.NId Surveyor
A.M. Stoeppelwerth
F~
ProfMIIonaI Engt~
Prot.ulonaJ I.NId Surveyor
7965 East 106th Street
Fishers. Indiana
46038-2505
317.849.5935
Fax: 317.849.5942
www.Stoeppelwerth.com
August 11, 2008
City of Cannel
One Civic Square
Cannel, Indiana 46032
Attention: Board ofPublic Works
Re: Lakeside Park, Sections 3 & 4
To Whom It May Concern:
On behalf ofthe developer Roehling Enterprises, Inc., I wish to request to
be placed on the agenda for the August 20, 2008 Board ofPublic Works meeting
for Lakeside Park, Sections 3 & 4.
If you have any questions, please give me a call at (317) 570-4763.
Respectively submitted,
STOEPPELWERTH & ASSOCIATES, INC.
~~(.
Brian K. Robinson
Cc: Ray Roehling
BKRlmcb
S:\41760S3\Bluc_Book\Agcncy Correspondencc\CarmcIBoardOfPublicWorks08-II-08.doc
• .. u.To: Board of Public Works Date: August S, 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-08-to-08-IL \"
Principal: Raymond Roehling
From: City Engineer .
Surety: National City Bank of Indian
Board Members:
I have conducted final inspection of Lakeside Park, Section 4 Project
for the following improvements:
ITEM Bond Number AMOUNT
Monuments & Markers O.C. U95524732 $ 3,456.00
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following conditions:
1. Maintenance Guarantees in the amount of 15% of the Performance amount
for Streets and Curb & Gutters, be filed with the City of Carmel, sa!
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved:
h?.2.~L
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 6th day of ~A~u~g~u~s~t~____________ 20~, that the Performance
bonds for Lakeside Park, Section 4 Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indian.
subject to the listed conditions above. The effective date of the Maintenan<
bonds shall be the same date as this resolution.
Signed: _________________________________________________
Board of Public Works and Safety
',.
STOEPPELWERTH & ASSOCIATES, INC.
CONSULTING ENGINEERS • LAND SURVEYORS
David J. Stoeppelwerth
PreeIdent, ceo
ProfeeaIcIrwJ Engt_
~Land!lurwyor
Curtis C. Huff
VIce~.COO
~Land Surwyor
A.M. Stoeppelwerth
Founder
P!ofMaIoNII ~
~Land Surwyor
7965 East 106th Street
FIahera, Indiana
46038-2505
317.849.6935
Fax: 317.849.5942
www.Stoeppe/werth.com
August 11, 2008
City ofCannel
One Civic Square
Cannel, Indiana 46032
Attention: Board of Public Works
Re: Lakeside Park, Sections 3 & 4
To Whom It May Concern:
On behalf ofthe developer Roehling Enterprises, Inc., I wish to request to
be placed on the agenda for the August 20, 2008 Board of Public Works meeting
for Lakeside Park, Sections 3 & 4.
If you have any questions, please give me a call at (317) 570-4763.
Respectively submitted,
STOEPPELWERTH & ASSOCIATES, INC.
~~(.
Brian K. Robinson
Cc: Ray Roehling
BKRlmeb
S:\41760S3\Blue_Book\Agency Correspondence\CanneIBoardOfPublicWorksOS-ll-OS.doc
Garry T. Hunter & Associates Limited APPROVED~I TO Engineering Department 2008 r:FORMIY:~Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and
entered into by and between the City ofCannel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City"), and Garry T. Hunter & Associates Limited (hereinafter "Professional ").
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
personnel, public works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing
responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the
professional services ("Services") referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to ·City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City's authorization
documents for the purchase of additional Services shall be numbered and attached hereto in the
order in which they are approved by City.
2.3 Time is ofthe essence ofthis Agreement.
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Gairy T. Hunter & Associates Limited
Engineering Department 2008
Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
SECTION 3. CITY'S RESPONSIBILITIES
3.1 City shall provide such infonnation as is reasonably necessary for Professional to understand the
Services requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all
data so provided is correct and complete.
3.3. City shall arrange for Professional to enter upon public and private property as reasonably required
for Professional to perfonn the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 1205-509
funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City'S behalf on all
matters regarding the Services.
SECTION 4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perfonn the Services pursuant to the terms of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shall coordinate with City its perfonnance ofthe Services.
4.3 Professional shall provide the Services by following and applying at all times reasonable and
lawful standards as accepted in the industry.
SECTION 5. COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be
no more than Twenty Four Thousand Dollars ($24,000.00) (the "Estimate"). Professional shall
submit an invoice to City no more than once every thirty (30) days for Services provided City
during the time period encompassed by such invoice. Invoices shall be submitted on a fonn
containing the same infonnation as that contained on the Professional Services Invoice attached
hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all
undisputed Services rendered and stated on such invoice within sixty (60) days from the date of
City'S receipt of same, or be subject to a late charge of one percent (1 %) of such unpaid and
undisputed invoice amount for each month same remains unpaid.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City's prior written consent.
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Garry T. Hunter & Associates Limited
Engineering Department 2008
Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
SECTION 6. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2008, and shall, on the first day of each January thereafter, automatically renew for a period of one
{l) calendar year, unless otherwise agreed by the parties hereto.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City, for cause, immediately upon Professional's receipt of City's ''Notice
To Cease Services."
7.1.3 In the event of full or partial Agreement termination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of termination that are not in dispute, except that such·
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be·
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries. .
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship. ·
. The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any ofits agents, employees or contractors are City employees. Professional shall
have the sole responsibility to pay to or for its agents, employees and contractors all statutory,
contractual and other benefits and/or obligations as they become due. Professional hereby warrants
and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by
City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor
of Professional regarding or related to the subject matter of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
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Garry T. Hunter & Associates Limited
Engineering Department 2008
Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and/or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury, sickness, disease, or death of any of Professional's employees, agents or
contractors and/or because ofany injury to or destruction ofproperty, including, but not limited to,
any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set
forth on attached Exhibit C ..Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 Liens.
Professional shall not cause or pennit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (l0) days after the date of filing,
City shall have the right to payor bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or cOnditions
of this Agreement, including Professional's warranties; (b) fails to perform the Services as
specified; (c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to tenninate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to i
Professional's performance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professionals' required
professionalI,icenses and certifications valid and current, and to indemnify and hold hannless City
from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. This indemnification obligation shall survive the tennination .
of this Agreement.
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Garry T. Hunter & Associates Limited
Engineering Department 2008
Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
7.9 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees and
agents from all losses, liabilities,claims, judgments and liens, including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional or negligent act or
omission of Professional and/or any of its employees, agents or contractors in the perfonnance of
this Agreement. This indemnification obligation shall survive the termination of this Agreement.
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws prohibiting discrimination against any employee,
applicant for employment and/or other person in the subcontracting of work and/or in the
performance of any Services contemplated by this Agreement with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
subcontracting or work performance hereunder because of race, religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This ·
indemnification obligation shall survive the tennination ofthis Agreement.
7.11 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
that can operate independently of same shall continue in full force and effect.
7.12 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return
receipt requested, addressed to the parties as follows:
CITY:
City of Carmel Douglas C. Haney
Department ofAdministration Carmel City Attorney
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
ATTENTION: Terry Krueskamp, I.S.
PROFESSIONAL:
Garry T. Hunter & Associates Ltd.
2285 Dunwin Drive, Unit 18
Mississauga, ON L5L 3S3
ATTENTION: Garry T. Hunter, M.A. Sc., P.Eng.
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Garry T. Hunter & Associates Limited
Engineering Department 2008
Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
Notwithstanding the above, City may orally provide to Professional any notice required or
pennitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (10) business days from the date of such oral notice.
7.13 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Cannel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same. .
7.15 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights of such party to require such perfonnance at any time thereafter.
7.16 Non-Assignment.
1 Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such "
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement .
may be amended, added to or subtracted from except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest. To the extent any provision contained
in this Agreement conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
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Garry T. Hunter & Associates Limited
Engineering Department 2008
Appropriation #1205-509; P.O. #19129
Contract Not To Exceed $24,000.00
7.19 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not fonn a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
7.21 Copyright.
City acknowledges that various materials which may be used and/or generated by Professional in
perfonnance of Services, including fonns, job description fonnats, cQIJlprehensive position
questionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie with Professional, and City will use them solely for
and on behalf of its own operations. City agrees that it will take appropriate action with its
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
perfonning the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with City. All of the services required hereunder will be perfonned
by Professional or under his supervision and all personnel engaged in. the work shall be fully
qualified to perfonn such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early tennination of this agreement. City shall
have free access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment of Project
Professional shall commence, carryon, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on within
City's organization.
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Garry T. Hunter & A.c;.'1ociatC3,~
Engineering Department 2008
Appropriation 111205·S09; P.O. #19129
Contract Not To Exceed $24,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows :
CITY OF CARMEL, INDIANA GARRY T. HUNTER & ASSOCIATES~
by and through its Board of Public L:,-; 1~ Works and Safety ...4-
BY:
James Brainard, Presiding Officer ature Date: _____________
Printed Name: bar ("'-I T, H. LLVlt.e r
Mary Ann Burke, Member Title: Pre'iideV\t
Date: _____________ ·K-e,,,f.&1v-e.. C-a..nc...ol 0.. "&&.'--5; ~S~ /oJ ~&od ·
PIAFPJhf: /0 I 9s ~3/5
Lori S. Watson, Member SSN ifSole Proprietor: ___"....-_____
Date: ______________ Date: J u. hi ~ 8. J ~Qo8
ArrEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date: _____________
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HUN T E R
2285 Dunwin Drive, Unit 18 tL_n~(~J1
Mississauga, ON LSL 353
CANADA~ Tel: (905) 607-4120
Fax: (905) 607-1132
www.hunter-gis.com
glslnfo@hunter-gis.com
June 17, 2008 Our File No.: 02-837
Ms. Theresa Krueskamp E-MAIL
GIS Coordinator
City of Carmel
3 Civic Square
Carmel, Indiana 46032
U.S.A.
Re: City of Carmel MapGuide Applications
Dear Ms. Krueskamp:
We have reviewed the data sets and the six application requirements specified in
the City of Carmel e-mail communication to us of March 19, 2008 and modification
request on June 12, 2008.
We understand that City of Carmel has both an internal and external Autodesk
MapGuide webs i tes (v 6.5 and 6 . 3) and t ha t da tabases are stored in Microsoft
Access. This proposal includes the development of the applications specified on
March ~9, 2008. Work will be undertaken over the City of Carmel 2008 and 2009
budget years .
We understand that a subsequent stage of work may require conversion of MS Access
databases to Microsoft SQL Server databases. This work has not been estimated
at this time'.
APPLICATIONS DEVELOPMENT -SCOPE OF WORK
The following applications will be developed based on the descriptions provided
by the City of Carmel's March 19, 2008 email and will be integrated into the
City's internal and/or external MapGuide websites. Tasks 1, 2 and part of 3 will
be completed in 2008 and the remaining tasks in early 2009.
1. Traffic Counts (Internal and External)
Display geocoded Traffic Count data.
Tool tip will contain selected field attributes.
Data layer will be linked to one or more types of reports.
. .. /2
Autodesk Auto desk-
Authorized Developer GEOGRAPHIC INFORMATION SYSTEMS ~~EXH IBIT :ut:o;r[}_rtner
Ms. Theresa Krueskamp
City of Carmel
June 17, 2008
Page 2
Users can select data points to generate and print reports.
Provide a function to digitize a point location on the map to be
saved with traffic count database record.
2. Address List (Internal and External)
The Address list function will be added to the existing application.
User can digitize a boundary shape on the map to generate an address
list to print or export CSV file format.
3 a and b. Subdivision Search/Query (Internal and External)
The Subdivision Search/Query will be added to the existing
application.
Select subdivision name and use an existing subdivision boundary to
select parcels to display and print report.
Only internal users can download report to CSV format.
4. Crime Data (Internal only)
Display of all City geocoded Crime data themed by incident type on two
time sensitive map layers (say last two weeks from current date and
more than two weeks old) .
Tool tip will contain 7 to 8 field attributes.
Data layer will be linked to one or more types of reports.
Users can select data points to generate and print reports.
Crime data can be a separate application with user access controlled by
Windows authentication.
5. Crime Watch Data (Internal and External)
Display of all City geocoded Crime Watch data themed by incident type.
Tool tip will contain Address, Incident and Date attributes.
Data layer will be linked to one or more types of reports.
Users can select data points to generate and print reports.
6. Pictometry Integration (Internal only)
Integrate Pictometry software to open in a popup window after user
selects a point on the map in an existing application.
. . . /3
"EXHIBIT ~2-("1 ,~
Ms. Theresa Krueskamp
City of Carmel
June 17, 2008
Page 3
INSTALLATION RESPONSIBILITIES
HGIS will develop, test and remotely install and integrate all applications
into each MapGuide solution.
City will provide remote access to internal and external MapGuide sites.
City to provide Hunter GIS with applicable datasets, as required.
City staff will work with HGIS to assist with server settings, testing and
troubleshooting, as necessary.
All work to be done remotely.
BODGET
Hunter proposes the following firm price total for 2008 and 200§~budget years,
budget exclusive of applicable sales taxes. The following work task breakdown
is provided for budget and billing purposes. City has the option of accelerating
the program should additional budget become available in 2008.
PHASE 1: Year 2008
1. Traffic Counts 10,000
2. Address List 10,000
3a. Initiate Subdivision Search/Query 4,000
Subtotal Firm Price (OS$) $24,000
PHASE 2: Year 2009
3b. Complete Subdivision Search/Query 2,000
4. Crime Data 12,000
5. Crime Watch Data 5,000
6. Pictometry Integration 5,000
Subtotal Firm Price (05$) $24,000
Total Firm Price (OS$) $48,000
We look forward to working with City of Carmel.
Yours truly,
~~
Garry T. Hunter, M.A.Sc., P.Eng.
President
Hunter GIS
"EXHIBIT A5(3 ,,~
EXHmITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Goods
Cost Per
Item
Services
Hourly
Rate!
Hours
Worked
. Total
I
.
-I
.L ~..
I
-
GRAND TOTAL
Signature
Printed Name
EXHIBITC
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidenUDisease:
Bodily Injury by AccidentlDisease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident ..
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
--
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I'!;lol:INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER City of Carmel I I
FEDERAL EXCISE TAX EXEMPT Ittf 2-935-60000972 I THIS NUMBER MUST APPEAR ON INVOICES, A
VOUCHER, CEUVERY MEMO, PACKING SUPONE CIVIC SQUARE
CARMEL, INDIANA 46032·2584 SHIPPING LABELS AND ANY CORRESPONDENC
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
JRCHASE ORDER DATE DATE REO.UIRED REQUISITION NO. VENDOR NO. DESCRIPTION
7-lo~ F' -._--
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:oNFIRMAnON BlANKET CONTRACT PAYMENT TERMS FREIGHT
OUANTITY IUNIT OF MEASURE DESCRIPTION I UNIT PRICE I EXTENSION
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~~~ASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT
• AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFADAVIT ATTACHED.
I HEREBY CERTIFYHAT THERE IS AN UNOBLIGATED BALANCE INSHIPPING INSTRUCTIONS THIS APPROPRIAll'ON SUF.ElCJENT TO PAY Fo5l"THE ABOVE ORDER. • SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABElS.
• THIS ORDER ISSUED IN COMPUANCE WITH CHAPTER 99, ACTS 1945 TITLE
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
CLERK-TREASURER
VENDOR COpy 19129 DOCUMENT CONTRQL. NO.
POINDEXTER EXCAVATING, INC.
Engineering Department -2008
Appropriation #202-4462859-$338,246.64; 202-R4462859-$84,914.88; 2004 Bond -$84,356.13;206-4462300-$90,085.12;
2006 Bond-$357,326.50; 1205-509-$5,570.83; 202-509-$$140,000.00; P.O. # 19141
Contract Not To Exceed $1,100,500.10 APPROVF.D.::UO
FORM 8 Y :-....t1!f.....-..-._
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Poindexter Excavating, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions .
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 19141 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards .
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than One Million One Hundred Thousand Five Hundred Dollars and Ten Cents
($1,100,500.10) (the "Estimate"). Vendor shall submit an invoice to City no more than once every
thirty (30) days detailing the Goods and Services provided to City within such time period. City shall
pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of
Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not
disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice
that contains the information contained on attached Exhibit B, and Vendor has otherwise performed
and satisfied all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering
Department Bid Proposal Package for "Miscellaneous West Side Road Improvements, City of Carmel Project
#08-03" received by the City of Carmel Board of Public Works and Safety on or about July 22, 2008, all of
which documents are incorporated herein by reference, and that the Goods and Services will be delivered in
a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's
intended use and expressly warrants that the Goods and Services provided to City pursuant to this
Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
(Z:\E 8a(:~\My Docvm~h'1"ro(cs:tional Sa-vK:cMORMS\Gouds &: Savu:~· Rr...... 8·Olt-07.doc:&!tJl2008 10: II AM]
POINDEXTER EXCAVATING, INC.
Engineering Department -2008
Appropriation #202-4462859-$338,246.64; 202-R4462859-$84,914.88; 2004 Bond -$84,356.13;206-4462300-$90,085.12 ;
2006 Bond-$357,326.50; 1205-509-$5,570.83; 202-509-$$140,000.00; P.O. #19141
Contract Not To Exceed $1,100,500.10
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services .
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
.and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer . .
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and ·
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
[Z:\E Ba.'\....\My DocumUltj'IProro;siooal scmco..\fORMS\Good., &: ScrviCCII • Rev 8·06-07.doc:ll!llJ2000 10:11 AM] 2
POINDEXTER EXCAVATING, INC.
Engineering Department -2008
Appropriation #202-4462859-$338,246.64; 202-R4462859-$84,914.88; 2004 Bond -$84,356.13;206-4462300-$90,085.12;
2006 Bond-$357,326.50; 1205-509-$5,570.83; 202-509-$$140,000.00; P.O. #19141
Contract Not To Exceed $1,100,500.10
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall cornply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for aloan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price ·
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions . The parties agree that, in the event alawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
(Z:\E 8a:ss\My iJIx."UJDmts\PrOrCl;\IOD31 SU'Vlco"\FORMS\Good.i &. Service.:· Rev 8-06-07.doc:IIIJ1l008 10:11 AM} 3
POINDEXTER EXCAVATING, INC.
Engineering Department -2008
Appropriation #202-4462859-$338,246.64; 202-R4462859-$84,914.88; 2004 Bond -$84,356.13;206-4462300-$90,085.12;
2006 Bond-$357,326.50; 1205-509-$5,570.83 ; 202-509-$$140,000.00; P.O. #19141
Contract Not To Exceed $1 ,100,500.1 0
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Mike McBride
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Poindexter Excavating, Inc.
P.O. Box 36399
Indianapolis, Indiana 46236
Telephone: 317-823-6837
Fax: 317-823-4662
E-Mail: dhsperry@poindexterexcavating.com
ATTENTION: David Sperry, President
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business.days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice. to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount. .
IZ:\E Ba.u\My Doounmu\Pr(l(cJjjooal ScrviC<.':'\FORMS\Good:o A: ~. Rr.."'Y 8..{)6...Q1.doc:81IJI200i1 10: 11 AM)
POINDEXTER EXCAVATING, INC.
Engineering Department -2008
Appropriation #202-4462859-$338,246.64 ; 202-R4462859-$84,914.88; 2004 Bond -$84,356.13;206-4462300-$90,085.12;
2006 Bond-$357,326.50; 1205-509-$5,570.83; 202-509-$$140,000.00; P.O. #19141
Contract Not To Exceed $1,100,500.10
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and
shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year,
unless otherwise agreed by the parties hereto. .
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials, agents,. partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
(Z:\E Bas,sWy Docw:ntnb\Prore>...Qooal SU'vicC'l\fOR.fl.1S\Good.~ &. Saviccs -Rev 8-06-07.doc:I!IJJ200IJ 10:II AM) 5
5
10
15
20
25
30
PART3A
CONTRACt ITEMS AND UNIT PRICES
CIty ofCatmeI
Pro}ad No. 0U3 ...Bid
Spring lUIRoad.ndDon.,RI1fIrIdMouI
ITEM CESCIUPTlOH UNIT QUANTTTYNO.
1 CONSTRUCTION ENGINEERING LS 1
2 MOBlUZAnON AND DEMOBIUZAnON LS 1
3 CLEARING RIGHT OF WAY LS 1
.. PAVEMENT REMOVAL SYS 38
EXCAVATION, COMMON CYS 1,053
e TEMPORARY CHECK DAM, STRAW BALES LFT 36
7 TEMPORARY DITCH INLET PROTECTION EACH 1
8 CHEMICAL MODIFICATION, SOILS SYS 4,708
8 CONPACTED AGGREGATE, NO 63 TON 2t2
MI~G,ASPHALT, 1 1121H BYS m
11 foIAA SURFACE, TYPE C TON 407
12 liMA INTERMEOIATE, TYPE C TON 5gg
13 HMA BASC, TYPE B TON 1,486
14 HMA INTERMEDIATE, 00, TYPE C TON 708
ASPHALT FOR TACK COAT TON 5
" CURB RAMP, CONCRETE, C SYS 8
17 CURB RAMP, CONCRETE, L SYS 8
" SIDEWALK, CONCRETE, 41N SYS ee
·UI r DECORATIVE CONCRETE TRUCK APRON SYS as
CONCRETE CURS END TREATMENT EACH 2
21 CURB TURNOUT EACH e
22 MOO/REO ROLL CURS LFT 297
23 CURS AND GUTTER, CONCRETE, TYPE 1/ LFT 1,259
24 STRAIGHT CURB, CONCRETE LFT 1,831
ROLL CURS, CONCRETE LFT 84
26 TOPSOIL CYS eQQ
27 SODDING SYS 2,889
28 VALVE BOX, ADJUST TO GRADE EACH 3
29 CASTING, ADJUST TO GRADE EACH 3
FIRE HYDRANT, RELOCATE EACH 1
31 DETOUR ROUTE MARKER ASSEMBLY EACH 40
32 CONSTRUCTION SIGN, A EACH 15
33 C4lNSTRUCTION SIGN, B EACH 7
34 MAINTAINING TRAFFIC LS 1
35 BARRICADE, III-A LFT 5
36 BARRICADE, 111-8 LFT 4
-
P':JE TOTAL
$8,000 $8,000.00
$25,000 $25,000.00
$20,000 $20,000.00
$15.00 $585.00
$36.00 $37,908.00
$100.0C $3,600.00
$200.0C $200.00
$5.90 $27,765.40
$40.00 $ll,680.00
$8.00 , $4,616.00
$106.0C $43,142.00
$73.00 $43,727.00
$56.00 $83.776.00
$70.00 $49,420.00
$650.00 $3,250.00
$210.0C $1,680.00
$131. O( $1,048.00
$51. 00 $4,896.00 I
$ll2.00 $10,976.00
$297.00 $594.00
$255.0C $1,530.00
~16.00 $4,752.00
$14.00 $17,626.00
$16.00 $26,096.00
$16.00 $1,504.00
$19.00 $18,981. 00
$3.00 $8,997.00
$300.0C $900.00
$600.00 $1,800.00
$4,500 $4,500.00
$135.0C $5,400.00
$210.0C $3,150.00
$64.00 $488.00
$20,000 $20,000.00
$48.00 $240.00
$60.00 $240.00
"EXHIBIT A' ~h "
37 SIGN POST. SQUARE. 1. REINFORCED ANCHOR BASE
38 SIGN. SHEET. ENCAPSULATED LENS WITH LEGEND. 0.080 IN.THICKNESS
38 SIGN. SHEET. ENCAPSUlATED LENS WITH LEGEND. 0100 IN THICKNESS
40 IRRIGATION CONDUIT. 2 IN (UNOIS'TRIBl1TEO)
41 HANOHOlE, UGHTING
42 WIRE. NO .4. COPPER, IN PLASTIC DUCT. IN TRENCH. 4 11C
43 DECORATIVE STREET LIGHT. WIRING AND INSTALlATION
44 LIGHTING POWER DISTRIBUTION PANel
45 TRANSVERSE MARKINGS. THERMOPLASTIC. CROSSWAU<. V'v'H1TE. 24 IN
48 UNE, THERMOPlASTIC. SOLID. WHITE. 4 IN
47 TRANSVERSE • PAINT. 5O~1D. YelLOW ,,,,r LINe. 8
1,111
48 UNE. THERMOPL.AST1C. SOLID. YEllOW. 4 IN.
48 SNOWPlOWABLE RAISED PAVEMENT MARKER
60 PAVEMENT MESSAGE MARKING. THERMOPLASTIC. "SHARK'S TEETH"
61 LINE. THERMOPLASTIC. BROKEN. V'v'H1TE. II IN (3' LINE, 3' GAP)
62 CONSTRUCTION SIGN, D
LFT 154
SFT 63
SFT 28
LFT 500
EACH 1
LFT 395
EACH 4
EACH 1
LFT 48
LFT 2,389
LFT 114
LFT 2.414
EACH 2
LFT 69 ~
LFT 31
EACH
'---
II
$17.60 $2,886.40
$23.10 $1,224.30
$26 . 40 $739.20
$22.00 $11,000.00
~1,100 $1,100.00
$22.00 $8,690.00
$10,78C $43,120.00
$7,700 $7,700.00
$7.00 $336.00
1~0 . 60 _~1, 433.40
$5.00 $570.00
$0.60 $1,448.40
$210 . 00 $420.00
$9.00 $531. 00
$3.00 $93.00
$300.0( $1,800.00
PART 3A TOTAL: $581, 119 .10
"EXHIBIT _A;,I~ ,:
PARI3B
CONTRACT ITEMS AND UNIT PRICES
CIty ofc.trrMI
P~No.~"'.81d
Roundabout 8,."...L.etN, M 111th Shetto NB SprintlNDI ~d
ITEM
NO.
1
2
:5
4
6
6
7
8
e
10
11
12
13
14
16
16
17
18
18
20
21
22
23
24
r 25
26
27
28
29
30
31
32
33
34
35
36
DUCRlPTlON UNIT QUANl1TY
CONSTRUCTION ENGINEERING LS 1
MOBILIZATION AND DEMOBIUZATION LS 1
ClEARING RIGHT OF WAY LS 1
CURB AND GUTTER. REMOVE LFT 382
SIGN. SHEET. REMOVE EACH 4
INLET. REMOVE EACH 2
EXCAVATION. COMMON CYS 188
TEMPORARY fROSION AND SEDIMENT CONTROL. CURB INLET EACH 6
TEMPORARY SILT FENCE LFT 453
STRUCTURE BACKFill, TYPE 1 CYS 11
CHEMICAl. MOOIACATION. SOILS SYS 1,233
COMPACTED AGGREGATE. NO. 53. BASE TON 26e
MILUNG. ASPHAlT. 1 112 IN SYS 425
HMA SURFACE. TYPE A TON 27
HMA SURFACE. TYPE C TON 61
HMA INTERMEDIATE. TYPE A TON 81
HMA INTERMEDIATE. TYPE C TON 68
HMA INTERMEDIATE 00. TYPE C TON 131
HMA BASE. TYPE B TON 255
ASPHAlT FOR TACK COAT TON 1
CURB RAMP. CONCRETE. G SYS e
CURB AND GUTTER. CDNCRETE. TYPE III LFT 104
CURB AND GUTTER. CONCRETE. TYPE II LFT 448
DECORATIVE PAD. CONCRETE. 71N . LFT 40
TOPSOIL CYS 180
SODOING SYS . 636
PIPE. TYPE 2. CIRCULAR. 121N LFT 47
PIPE END SECTION. 121N. EACH 1
CASTING. ADJUST TO GRADE EACH 1
INLET. Jl0 EACH 1
INLET. Ml0 EACH 1
MAINTAINING TRAFF1C LS 1
SIGN POST. SQUARE. 1. REINFORCED ANCHOR BASE LFT 33
SIGN. SHEET. RELOCATE EACH 2
UNIT TOTALPRICE
$3,800 $3,800.00
$8,000 $8,000.00
$12,000 $12,000.00
$6.00 $2,292.00
$100.0C $400 . 00
$500.00 $1,000.00
$46 . 00 $9,108.00
$130 . 00 $650.00
$2.00 $906.00
$75 . 00 $825.00
$6.00 $7,398.00
$31 . 00 $8,308.00 I
$8.00 $3,400.00
$154 . 00 $4,158 . 00
$150.00 $7,650.00
$84.00 $6,804 . 00
$100.0( $6,800.00
$81. 00 $10,611.00
$71.00 $18,105.00
$740.00 $740.00
$193.00 $1,544.00
$25.00 $2,600.00
$17.00 $7,616.00
$95.00 $3,800.00
$19.00 $3 , 420.00
$3.00 $1,608.00
$75.00 $3,525 . 00
$500.00 $500.00
$600.00 $600 . 00
$1,800 $1,800.00
$1,800 $1,800.00
$8,800 $8,800.00
$17.60 $580.80
$71.50 $143 . 00
IIEXHIBIT fk '-l{'-"
37
38
311
40
41
42
43
...
SIGN, SHEET, ENCAPSULATED LENS WITH LEGEND, 0.080 IN THICKNESS
SIGN, SHEET, ENCAPSULATED LENS IMTH LEGEND, 0 100 IN. THICKNESS
HAHDHOLE
IMRE, NO.4, COPPER, IN PLASTIC DUCT, IN TRENCH, 4 lJC
DECORATIVE STREET UGHT, RELOCATION
PAVEMENT MESSAGE MARIONGS, REMOVE
UNE, THERMOPLASTIC, BROKEN, WHITE, 4 IN
UNE, THERMOPLASTIC, SOLID, WHITE, 4 IN.
SFT
SFT
EACH
LFT
EACH
EACH
LFT
LFT
8
18
1
56
1
3
47
100
$23.10
$26.40
$1,100
$22.00
$3,850
$96.00
$1. 70
$1. 70
$138.60
$475.20
$1,100.00
$1,210.00
$3,850.00
$288.00
$79.90
$170.00
~
48
47
48
48
LINE, THERMOPLASTIC, SOLID, WHITE, 8 IN .
TRANSVERSE MARIONGS, THERMOPLASTIC, CROSSWALK UNE. 8 IN
PAVEMENT MESSAGE MARKINGS, THERMOPLASTIC, LANE INDICATION
ARROW
PAVEMENT MESSAGE MARKINGS, THERMOPLASTIC, WORD (ONLY)
UNE, THERMOPLASTIC, SOLID, w-tITE, 121N.
LFT
LFT
EACH
EACH
LFT
157
115
3
2
27
$2.00
$2.00
$150.00
$165.00
$4.00
$314.00
$130.00
$450.00
$330.00
$108.00
110
51
52
LINE, THERMOPLASTIC, BROKEN, WHITE, 8 IN (3' UNE, 3' GAP)
PAVEMENT MESSAGE MARKING, THERMOPLASTIC, "FISHHOOK ARROW
PAVEMENT MESSAGE MARKING, THERMOPLASTIC, ·SHARK'S TEETH"
LFT
EACH
LFT
88
4
35
$3.00
$400.00
$9.00
$204.00
$1,600.00
$315.00
I
I
PART 38 TOTAL: $162,054.50
" "EXH\S\T \ ~I I
PART3C
CONTRACT ITEMS AND UNIT PRICES
CIty ofc.trrMI
Pro}Kt No. N-03 ....Bid
Additional Entry Lana for Spring MIll ROfId and 13181 SfrHtRoundiboUl
nBI DESCRIPTION UNIT QUANTITY UNIT
NO. PRICE
1 Conatruc:IIon EnglMerlng LS 1 $4,300
2 MobIIzation Md DemobllZlllion LS 1 $10,000
3 CleatIng RQhkII-VWy LS 1 $18,000
4 ~Curb. Remow LFT 781 $8.00
5 Concmt Cen1IIrCurb. RemCM SVS 7 $100.00
5 ConctetI CUrtI ~mp. Ra_ SVS 27 $20.00
7 Sign end Support. Ramove EA 2 $50.00
e AIp/IMt Miling. U In svs 1.525 $4.00
8 Ulear Grading LFT 483 $15.00
10 Tempcnry SIt FallCl LFT 124 1$2.00
11 Subgrade Truu-rt. Type IA SVS 7$8 $11. 00
12 Compedlld ~te.No. 53. Bue TON 58 $42.00
13 HMA Surface. Type C TON 126 $128.00
14 Wdllling with HIM, Type C TON 396 $143.00
15 HMA Surface. Type A TON 26 $138.00
18 HMA lntIImedlate, Type A TON :ss $111.00
17 Curb Ramp, eoncr.te svs 40 $96.00
18 Combined ClUb and Gutter Type II LFT 483 $20.00
19 CombIned CUrtI and Guller Type III LFT 240 $21. 00
20 8nlghl Concrete Curb LFT 18 ~32.00
21 Cen1er Curb, 0, Concrete SVS 8 $180.00
22 Water kGAL 2 $100.0(
23 Topsoil CVS S8 $20.00
24 Sodding, NUI'Mf)' SVS ~o $3.00
25 Pipe, Type 4, ClrcuJar, Sin. Double WIll, Smooth Interior LFT 449 $10.00
26 ~rwgale for Underdraln CVS 41 $28.00
27 GeotextiJ..for Underdraln SVS 308 $3.00
28 ConaINcllon SIgn. A EA 14 _~210. 0
2~ Maintaining T raIIic LSUM 1 $15,000
30 Sign Post. Square, 1, Ralnlon:oed AndIor Bale lFT 73 $17.60
31 Sign, Sheel EncapllAllad Lalli with Lagend, 0.080 In. SFT 22 $23.00
32 R_t o.coralMl Street Sign Auembly EA 1 $2,090
33 Sign. Sheet ReJoc:atlon EA 3 $71.50
~ Concrete Foundation with GRXlnding, 30 In. Diameter x 96 In . EA 1 $2,200
35 Reset Street light Pole ......mbly EA 1 $1,650
36 v.1nI, No. 4. Copper, In Plastic Duct. In Trench, 4 lIC LFT 17 $22.00
TOTAl.
$4,300.00
$10,000.00
$18,000.00
$6,248.00
$700.00
$540.00
$100.00
$6,104.00
$7,245.00
~248. 00
$8,778.00
$3,696 . 00
$16,128.00
$56,628.00
$3,588.00
$3,885.00
$3,840.00
$9,660.00
$5,040.00
$512.00
$1,080.00
$200.00
$760.00
$1,020.00
$4,490.00
$1,148.00
$924.00
~2,940.00
$15,000.00
$1,284.80
$506.00
$2,090.00
$214.50
$2,200.00
$1,650.00
$374.00
EX I±f±&I\ "
37
38
39
40
41
42
43
line, Thermoplastic, DoIIad 1MIIta, aIn 2' line, 2' Gap
Une, Thennoplaatic, Dolled 'Ml11ll, 4 In . 2' line, S' Gap
Une, Thermoplutic, Solid, WhIle, 4 In.
U'Ie, Thennop/utie, Solid, YeIIow,41n .
Snowplowable Raiaed Pr.oemllnl Marllllr
Pawment L1essag. Marldngl, ThIIrmoplullc:, Lane Indlcatlon ArroII
Pavement Ueeaage Matldngl, Thermoplaallc, VYord (ONLY)
LFT
LFT
LFT
LFT
EA
EA
EA
133
100
610
37
4
4
2
$2.00
$1. 70
$1. 70
$1. 70
$200,00
$130.00
$170.00
$266.00
$170.00
$867.00
$62.90
$800.00
$520.00
$340.00
44
45
48
Transwne Mlr1dngl. ThermopIulic:, Crounlk Une. 24 In
TI1Ina_ Narlcingl, ThermopIaltic, \MIlIa Y'lIIld line, 27 in.
Ra10tw LandlClpe and Irrigation System
LFT
LFT
LSUM
116
30
1
$7.00
$9.00
$7,000
$672.00
$270.00
$7,000.00
--
PART 3C TOTAL: $212,089.20
"EXHIBIT fr l'(~ "
PART 3D
CONTRACT ITEMS AND UNIT PRICES
Cl/)lofC.rmeJ
I*roject No. Cll-OJ a..e Bid
RoundalK>1If B~SI ~ne (or EB fJ1~SlTte! 10 sa II1JnoIs SIrHl
ITEM
NO.
1
2
3
4
5
e
7
8
a
10
11
12
13
14
16
16
17
18
19
20
L 21
22
23
24
25
26
27
28
2i
30
31
32
33
34
I 35
36
DESCRIPTION UNIT QUANTITY
ConsINCtion Eng,nen."\Q LS :
,Mob;lizaDon L'Id C.mobiIizatio~ LS ,
Cloiring Righl-of-Way ~S
;·Concrew Curb. Remove LFT 2$5
ConcteIe CIIItI Ramp. R8f\"ove SYS f
Sign and Support Re,..-ove £AI :;
Aap/lall Mi*nQ. 1 5 In SYS 5047
~rGradng LFT 27~
T.m~ry D/OIlln!.l ProIed!on EA 1
Temporary Si~ Fence LrT 263
S:Jbgrade Treltme/ll. Ty~IA SYS 444
Compaaed Agoragele. M> 53. Ba.e TON 5C
CoIoted and Joir.led Concnte. 7 . SYS 32
HIM Sw1Ke. Type C TO~ 4~
Widening willi HIM. Type C TON 2SC
HMA Su:face. Type A TON 15
HMA IntAlrmedlate. Type A TON 25
Curb Ramp ~ta SYS 3~
~mbtrMd Curb and Gullar Type iI Lr. 274
SlnIight Concreta Curb ~FT 97
eem.r Curb. D. Concrete SYS 2
WIlle' kGAl
Top.oi CYS 27
Sodding. NurMry SYS 242
~jpe Type 4. Clrcutar. 8 in Double v,/;n. Smooth !nI81o, LrT 27C
AggregalC for Unclerllraln CYS 25
o.o..xdes for londardraln SYS 18&
S1tucIure No 2 LSUM 1
Structure No 3 LSU,", 1
StrucIIR No 4 LSULI 1
Conl1nldion Sian. A EA to
Malnulnlng Traf.',c LSUM 1
SIgIl Post Square, , . Rtinforced Anchor Ba.. lFT 37
SIgn. ShHt. EllCllpsuietec Lens with Legend. 0 080 in SFT 11
Sl~n. Stlee-. Relocation ~ 2
Concnte Foundltlon willi Grour.ding. 30 ill DiAmoler x 96 in EA ,
UNIT ! TOTAL PRICE
~3800.00 $3800.00
~7000.00 $7000.00
$5000.00 $5000.00
$8.00 $2368 00
$50.0C $450.00
1$50.oc ~100.00
1$5.00 $273.£ on
1$15.00 $4110.00
1;>200.00 $200.00
IS2.00 ~526. 00
~12.00 $5328.00
1$52.00 $2600.00
~112.00 $4368.00
p170.0C $7650.00
$134.00: $33500.00
$177.00 $2655.00
~120.00 $3000.00
$189.00 ~7371. 00 1
S20.00 $5480 Oll j
$30.00 $2910.00
$258.00 $516.00 I
~100. 00 ; $100.00
$20.00 $540.00_
~3 00 $726.00
I~no 00 ~2700.00
S30 00 $750.00 i
$5.00 $930.00 I
:;;2500.00 $2500.00
p2500.00 $2500.00
$800.00 $800.00
~210.00 a2100.00
10000 . 00 $10,000.00
~17.60 $651.00
S23.10 $254.00
~71.50 $143.00
~2200.00 $2200.00
"EXHIBIT A'6]\ ..
,
37
38
i )9I
~O
41
42
~3
44
~5
4E
47
48
i 48
60
R_ S1reft ':lInt Poia A&6embly , EA 1 1,650.00 · ~1,650.00I
'Mre. No 4. Copper. In PIHLt Du:1 In Tren:h, ~ 1 IC I -Fi 80 ~22.00 I ~1 760.00
Cab II Duel y..r1<cr E.A 1 p1S0.00 ~150.00
'M~, No 4. Coppet". Ir. 2 In GalvanlZlfCI Stee! Candu t " liC LFT 105 p22.00 -1 ~2 310.00
Conct..i~ Steel. Gllwrti.zed 2" ~FT 28 p28.00 _~784 • 00
l~e. The:mop;aatjc, OoCIed WIvt.c. eIn 2" ~in&, 2" G.t.p LFT ,2 ~5.00 ~110. 00
UnI. TllannoplUli:. Oou.d WMe, ~ in 2' L;ne. 6' Glp LFT 77 ~2.00 $154.00
Line. TMrmop~atjc. Solicl, VIIMe, 4 In LFT 301 ~2.00 ~602.00
Snowplow.ble 'bI!aed P'lI'eme:lt MaMIe' EA 4 ~200.00 ~800.00
P.~emertt MeaNg. Ma....ng• • ThC'"'<lpi;ut;c, LIIr.e In~tC~ltOr. A'fOW EA 2 $150 . 00 ~300.00
Pave'llllnt Meuag. Manangs. Th,:mopllStIc, \IIIord (ONLy) EA 1 $200.0( ~200.00
Tra_ M.rltlngl, ",~CrDS8WIi:k Line. 24 i, LFT 112 lS.2. JLO. I $784.00
Trar'l!verse M.,lchlli. Tharmo~.r.c. ~Yield Line. 27 tn LFT 8 $9.00 I $72.00
Res1iOte La'ld.c.ap8 and l'ligation SyW:n LSUW 1 iS7,OOO.0~ . $7,000.00
I
I
PART 3D TOTAL: $145,237.30
PART 3A TOTAL:PART 38 TOTAL: ---~~;.-:~::..;;"..~~-
PART 3C TOTAL: PART 3D TOTAL: ------,i~~~~~;F_--
BASE BID TOTAL: $1,100,500.10
SUBMITIED BY ----" ------------,T.(
SIGNATURE IP dlY'fJ 1/ ,U[cAIJtfY
TITLE' • __ ___••~ _
ADDRESS: 10443 E. 56th Street
Indianapolis, IN 46236
"EXHIBIT A-~ (~ "
t'Abt:INDIANA RETAIL TAX EXEMPT I CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBERCity of Carnlel I I
FEDERAL EXCISE TAX EXEMPT /9/ '1/~72I I THIS NUMBER MUST APPEAR ON INVOICEE
VOUCHER. DElIVERY MEMO. PACKING S.
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584 SHIPPING I.ABELS AND mv CORRESPONDE' FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
'URCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
f/1'v/aY
10 //1 elf? '#-e r 16').cA-V.I"1 7''/ #~ ~1~ SHIPVENDOR (PO ~.::1',.3 ~ 9 TO
~..::;z:,v '7.("2--:3 t
CONFIRMATION B~KET CONTRACT PAYMENT TERMS FREIGHT
QUANTITY IUNIT OF MEASURE I DESCRIPTION -I UNIT PRICE I EX'TENSION
f)')
,( (/
~,~~~O
""1/d d, ;s-bTl • /"
r "33 gJ ""2--'/6.6 f .r~ 9/f'. ~J .
;'VI) Y7j 3a. /3
. 9(1, oKS: /2
3~.3~"S'CJ
Send Invoice To: / 'Y(J./ t7'TMJ. <MI2. -S"'D <;' ~5"70 . $:3/HS-S7J P -1 0/, If) £/) 57"..
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PRCWECT PRCWECTACCOUNT AMOUNT
PAYMENT
• AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
• I HEREBY CERWY THAT THERE IS AN UNOBUGATED ~CE IN
THIS APPR0!W41lQb1.SUFFlCIENT TO PAY fOR THE ABOVE ORDER.
SHIPPING INSTRUCTIONS
• SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING lABELS.
• THIS ORDER ISSUED IN COMPUANCE WITH CHAPTER 99, ACTS 1945 TITLE
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. . 19141 CLERK-TREASURER
poellllEN! CONTROl NO VENDOR COpy
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/S ervices
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total ·
., , ;
L
GRAND TOTAL
-'------
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Property damage, contractual liability, .
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident ...
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
-----------------
-----------------
APPROVED, AS TO
FORM BY:_..11lt.
CITY OF CARMEL
TO: Dick Hill CONTRACT CHANGE ORDER NO.:
Engineering Admininstration DATE: AU.9,ust 11 , 2008
City of Carmel Indiana PROJECT NAME: Kelstone & 106th Street
One Civic Square CITY REO. NO.:
Carmel, IN 46032 CITY PO NO.: 07-08 B
CITY PO DATE:
1. You are directed to make the following changes in this Contract:
a. Installation of 36" Delineators along 116th Street.
b. Addition of No.2 INDDT Stone for undercuts
c. Addition of No.2 Stone, Commercial for undercuts
d. Addition of Lime drying, lime kiln dust applied at 3% at 16 in depth
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+)OR(-)DAYS
II. The following referenced Documents further describe the changes outlined in Paragraph I,
and are to be considered a part of this Change Order: R.F.P.: W.D.C. NO.: _____
Other:
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $ 15,493,026.15
Contract Price will be increased/decreased by this Change Order $ 17,846.24
New Contract Price including this Change Order $ 15,510,872.39
Contract Time prior to this Change Order ~Days 6/30/2009 Completion Date
Net increased/decreased resulting from this Change Order 0 Days
Current Contract Time including this Change Order ~Days 6/30/2009 Completion Date
This Change Order is for full and final settlement ofall direct, indirect, impact costs and time
extensions incurred at any time resulting from the perfonnance of the changed work.
The Above Changes Are The Above Changes Are Approved
Recommended Accepted .
American Structurepoint, Inc. Milestone Contractors, L.P.
ENG~ER CONTRACTOR James Brainard, Ma~
7260 Shadeland Station 5950 South Belmont Avenue ';?J~<2~¥-
Address Address Michael McBride, City Engineer
Indianapolis, IN 46256 Indianapolis, IN 46217
City/StatelZip City/StatelZip Mary Ann Burke, Member BY:h-j~ BY>~ Lori Watson, Member
OP.VIt> ~~C-l-\~L~
ATTEST:
Phone: 3\\ -L~\ -"S("3 Phone=-3'?z,67!-4(d )J
Diana Cordray, Clerk-Treasurer
Date: ~ ) \'2..( 0 8 Date: co0.2h2L' Date: I
Contract Modification
8/11/20085:14 PM
City of Carmel
FieldManager 4.2c
FEDERAL PARTICIPATION -ACTION BY F.H.W.A.
_Approved _Not Eligible
See Letter Dated ____ (Signature) (Date)
Contract: _07-080 Cont. Mod.: 1 Page 4 of 4
~
I
-.. ~ IF
CITY OF CARMEL
FACILITY USE REQU-EST FORM
(I I · I
Name/Organization: ! Dyt-nl{ Lee.
~~~t~5J'k-h~Cf--~~------------------
Point of Contact:
Address:
City, State, Zip:
Lj II Cool ~\~ Dc
Covmell IN \L{~OJd-
tpj
Home Phone: (?JIb L[ 1;) -,') bD Work Phone: ..( ---t.)_________
Cell Phone: (~\~) 111-70"d-O Fax Number J.-(~)_______
For Profit Organization: Non-Profit Organization: Individual: ./
Day and Date Requested: J ' lA <:; \-':S 1s+
Time Requested: ) J a.m.e a.mB<This includes set-up and dean-up time.)
Rehearsal Date: Time: a.m./p.m. to a.m.lp.m.
City Facility Requested: Gazebo / Fountain Area
Caucus Room (1/3) _ (213)_ Council Chambers
Special Requests: Electricity __ Fountain Restroom / Other _______
Purpose: weJJ"'j Number of People Expected: _~_O____
Vendors: Yes No / (If yes, please attach list ofvendor(s) information.)
Other Requests: City Street Closing (Large Events Only) ___________
Neighborhood Street Closing (Street(s), Address(es) Blocked) __________
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously granted request to use a City facility for
any lawful reason.
Received this 5 -fA day of It u'll! -Si ,200-.R, by the Office of the Mayor.
Mayor's Office
Revised: 01107
----------------------------------------------------------------------------
I
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all
the terms and conditions set fortb tberein.
I will leave tbe City facility I use in the same condition tbat it was immediately prior to my use tbereof. I agree to
pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent. if applicable, agree to be bound by the City's Facility Use
Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by tbe Board. I
understand that the Board has tbe right to deny or revoke my request for the use of a City facility for any lawful
reason, and that tbe barmless by me and/or my organization from any damages, costs or expenses incurred directly
or indirectly as a result of such action.
Please sign below and mail the completed form to the Office of the Mayor. One Civic Square. Carmel. Indiana
46032.
Approved this __day of , 200_,
Printed Name and Title (If applicable)
411 Cool ~; Dc ~)
Address of Organizlltion/ Applicant
Date: III~ (08
CITY OF CARME~INDIANA
By and Through its Board of Public Works and Safety
James Brainard, Presiding Officer
~u:__________________________________
Mary Ann Burke, Member
Date:
Lori Watson, Member Dau:_________________________________________________________________________
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date : __________________________________________________________________________
S pecia I Con d i tio n s: __________________________________________________________________________________________________________________________________
C::l(~
'17'IOA ,
,V,<J{
'" '"'
!1V7'/:'
Officers
Rosemary Waters
President
Sandy Barretto
Vice President
Jeff Worrell
Vice President
Elaine Bass
Secretary/Treasurer
Board Members
Doug/as Haney
Doreen Squire Ficara
Alexandra Jackiw
Cherie Piebes
Linda Ferrill
Kim Hurd
Gary Frey
Leslie Lauck
Mary Lou Schweitzer
Joan Cimino
Lee Goodman
Ranjit Puthran
August 5, 2008
Presiding Officer
City of Carmel
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Carmel International Arts Festival 2008
1) Request to add street closings for the set up and tear down
of artists
2) Request to lengthen the closing of South Rangeline to 1st St
NW and to 1st St. SW for the duration of the festival to
accommodate the artists and also for safety reasons. Also,
we would like to close Rangeline at 3rd St. SW for the set up
of artists on Friday August 26th and during the tear down on
Sunday August 28th . And to keep this area closed if it makes
sense for the safety of festival goers.
3) Closing streets at 3:45 PM
Dear Presiding Officer:
We would like to extend the street closing to the above for safety
reasons. This arrangement worked great last year.
We will be closing the streets at 3:45 p.m . on Friday September 26,
2008. I just finished talking to Amy Bevin in transportation at Carmel
High School and she was fine with that.
Rosemary Waters
t~
President
573-9602
Enclosure: Original approval letter
•
".. 't
:·h .,' ~..i~ 1~. ",.~ J•.
CITY OF CARMEL
February 8, 2007
J M ·IFS B RAI\:AIW, MAYO R
Rosemary Waters
1207 Donnybrook Street
Cannel, IN 46032
Dear Rosemary,
I am pleased to infonn you that the Board of Public Works and Safety approved your
request to hold the Carmel International Arts Festival beginning on Friday, September 26,
2008 at 8:00 am through Sunday, September 28,2008 at 8:00 pm.
We require you to use only police and fire approved emergency accessible barricades to
block streets. Due to complaints we received in the past from homeowners
inconvenienced by unannounced street closings, we also now require all organizations
closing streets to notify affected residents of the street closing, specifically residents who
will not be able to access their driveways. You must notify the affected residents in
writing no less than two weeks prior to the event. Please forward a copy of the letter you
intend to distribute for our file,
Thank you in advance for your cooperation.
If you have any questions or concerns, please do not hesitate to contact me at
(317) 571-2474 ext. 8100.
Sincerely,
~CYrn~
Pam Lux
Mayor's Office
cc: Lee Goodman, Cannel Police Department: (317) 571-2510
Jace Platt, Cannel Fire Department: (317) 571-2607
Bonnie Callahan, Cannel Street Department
Mike McBride, Engineering Department
Dispatch
File
Enclosure
(hI. CIIIC S',lI' I IU. C .l j(IU~I.. l \i i ()().~2 UllllI ) l i .')71 .2:jOI . 1'-1 .\ :$l: .H .'i ··~ .),!l)~
L11.111 jI )1";\ i n ald@c:lrl1 1l·l . i ll .g() 1
---
CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization:
Point of Contact:
Address: th~! ftn:d 6ff:e~';1:TCity, State, Zip:
Home Phone: (3JJ) S 73 --9k b ~ Work Phone: .1-(--'-)_______
Cell Phone: ( ) gSb-qg'te I Fax Number (51Il 5'<0 f) -8337
For Profit Organization: ~Non-profit Organization: V Individual: ___
Day and Date Requested: ~~~1~1{ .
~~~1~dt
Time Requested: S'O Q a.m.lp.m. to: a.m.lp.m. (This includes set-up and clean-up time.) O~
Rehearsal Date: Time: a.m./p.m. to a.m.lp.m.
City Facility Requested: Gazebo Fountain Area
Caucus Room (1/3) _ (2/3)_ Council Chambers
Special Requests: Electricity __ Fountain Restroom __ Other _______
Purpose: Number of People Expected: ~,~
Vendors: Yes ---No (If yes, please attach list of vendor(s) information.)
Mayor's Office
Revised: 01107
Other Requests: City Street Closing (Large Events Only) ____..L.,,~....,,:loo.....-____-
Neighborhood Street Closing (Street(s), Address(es) Blocked) •. vv-"" >4"V! 1lX.L I AA}.QA.
Received this :3..D..-day of ~Ol!.n, " 200t'by the Office of the Mayor.
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all
the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to
pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use
Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny or revoke my request for the use of a City facility for any lawful
reason, and that the harmless by me and/or my organization from any damages, costs or expenses incurred directly
or indirectly as a result of such action.
Please sign below and mail the completed form to the Office of the Mayor, One Civic Square, Carmel, Indiana
46032.
Approved this 1~ day of ~u.'(1),200l.
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
Name of Organization/Applicant
a./7~
Signature of Authorized Agent!
Applicant
~""f>~
Printed Name and Title (If applicable)
Address of OrganizatiOn/Applicant
Date: ____________
Mary Ann Burke, Member
Date:__________________
~ri Wabon, Me£~
C~rk-Treasurer
-1 II; )
Special Conditions: __________________________________
Secreta~/Treasurer
Board Members
Douglas Haney
Doreen Squire Ficara
Alexandrt/.fackiw
Cbe~i~i>lebes ' .
. : Linda F~;~IO
Kim:.Hurd .
,Xiaty Frey ~Lt;slie Lauck
. Mary "fOu Schweitzer
Jodil Cimino
January 30, 2007
Presiding Officer
City of Carmel '\a~ard of Public Works and Safety
Civic Square
,IN 46032
Carmel International Arts Festival 2008
Dear Presiding Officer:
The Executive Board of the Carmel International Arts Festival is
requesting the following streets to b~ closed in Old Town, Carmel for our
festival in the year 2008 from 8:00 a.m. on Friday September 26, Saturday
September 27 through 8:00 p.m. on Sunday September 28, 2008.
Main Street just west of the Eastern Archway of the Arts District to
4th Avenue. And Yz block north and south from Rangeline.
Please let me know if you have any questions or need more infonnation.
. Si~erely,
osemary Wat~, President
Carmel International Arts Festival
573-9602
---
CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization: I(~p L,-,p,' I' A5So(!;t+lcs-VroJo5.'1 of Lol;a.~t'l...
Point of Contact: K~~ 1..oAJ~
Address: qqJ.l Po. Cpmbs f2ol
City, State, Zip: (j r ~<-yo.) (..&l 00b :::rl:!: 1-/ b/J.fB
7
Home Phone: (,S I» ;> '4-69/9 Work Phone: fln) 80tt-I:f Dol
Cell Phone: (311) 511£ -tz 9/3 Fax Number SO) 9B'I· q(){)'S
For Profit Organization: Non-Profit Organization: ----X Individual:
Day and Date Requested: s,e-p+ .6 ,1'1, 100 [1 -So-:f. kM
Time Requested: a.m.!p.m. to: a.m.!p.m. (This includes set-up and clean-up time.)
Rehearsal Date: Time: a.m.!p.m. to a.m'!p.m.
City Facility Requested: Gazebo Fountain Area
Caucus Room (1/3) _ (2/3)_ Council Chambers
Special Requests: Electricity Fountain Restroom Other 54\ ccis
Purpose: '()4'St: 1/ foe Ptosn.k tA,",~Number of People Expected: _~...:....=....___
Vendors: Yes ---No ~ (Jfyes, please attach list ofvendor(s) information.)
Other Requests: City Street Closing (Large Events Only) •y~s. (&t& tA.Ht>¢i~,t)
Neighborhood Street Closing (Street(s), Address(es) Blocked) {J ~~ (~ a~)
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously granted request to use a City facility for
any lawful reason.
Received this /5 t-day of It u'J us f ,200L, by the Office of the Mayor.
Mayor's Office
Revised: 01107
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all
the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to
pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use
Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny or revoke my request for the use of a City facility for any lawful
reason, and that the harmless by me and/or my organization from any damages, costs or expenses incurred directly
or indirectly as a result of such action.
Please sign below and mail the completed form to the Office of the Mayor, One Civic Square, Carmel, Indiana
46032.
Approved this __day of , 200_
CITY OF CARMEL, INDIANA ~kJV' I Ii$? oe-. By and Through its Board of Public Works and Safety
Name of Organization/Applicant
SignaturJ of Authorized Agent!
Applicaiit
K~IJ /-Olll' [)t,&Jn~eJ.
Printed Name and Title (If applicable)
qqSj-/Jo. (!omh5 Pd·
James Brainard, Presiding Officer
Date:___________________
Mary Ann Burke, Member
Date:___________________
Address of Organization/Applicant Lori Watson, Member
Date:____________________a~e.e,:l WOo b. :rll. '110 14-3
Date: a":J, Ig 200£
ATTEST:
Diana L. Cordray,lAMC, Clerk-Treasurer
Date:,____________________
Special Conditions: ___________________________________
KEN LONG & ASSOCIATES
994 North Combs Road -Greenwood, IN 46143
(317) 884-4001 , FAX: (317) 884-40051(t~~email: klang@kenlangassac.cam , website: kenlangassac.cam
EVENT OVERVIEW
NAME: Great Prostate Cancer Challenge
DATE: September 6, 2008 (Saturday Morning)
SPONSORS: Urology of Indiana, Clarian North Medical Center, St. Vincent's Carmel Hospital,
Community Health Network and st. Francis Hospital
HEADQUARTERS: Urology of Indiana
12188-A North Meridian Street, Carmel IN
START: On Frontage Road in front of Urology of Indiana -Heading North
FINISH: Urology of Indiana parking lot (west side of building)
MEDICAL: St. Francis Hospital (at start/finish, plus 4-6 bicycles on the course)
EST. # OF PARTICIPANTS: 400
FIRST FINISHER: 5K = 8:15am 10K = 9:05am
LAST FINISHER: 5K = 9:05am 10K = 1O:05am
EVENT SCHEDULE
Packet Pick-up & Registration .... ........................... 6:30 to 8:00am
Kid's Activities & Displays Open .... ..................................... 7:00am
Opening Ceremonies ................................ .......................... 7:30am
Start of 1 Mile..................................................................... 7:35am
Start of 5K ........................................................................... 8:00am
Start of 10K ......................................................................... 8:30am
Awards Ceremony .............................................................. 9:30am
EVENT CONTACT
Ken Long & Associates Urology of Indiana
Ken Long -Race Director Lisa Keenan
994 N. Combs Rd 12188-A N. Meridian St
Greenwood, IN 46143 Carmel, IN 46032
317.884.4001 317.807.1236
klong@kenlongassoc.com Ikeenan@urologyin.com
Race Director -Ken Long 317.514.6913
Page 1 of 1
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KEN LONG &ASSOCIATES
994 North Combs Road -Greenwood, IN 46143
(317) 884-4001 FAX: (317) 884-40051(t~~ email: klong@kenlongassoc.comwebsite:kenlongossoc.com
Great Prostate Cancer Challenge
September 6,2008
Course Description
10K COURSE
Start: On Frontage Road in front of the Urology of Indiana building. (using all lanes)
North: On Frontage Road to W Carmel Drive (using all lanes)
West: On W Carmel Drive to Hamilton Crossing Blvd (using west bound lane)
North: On Hamilton Crossing Blvd to Meridian Corners Blvd (using north bound lane)
North: On Meridian Corners Blvd to Illinois Street (using north bound lane)
North: On Illinois Street to 136th Street (using north bound lane)
West: On 136th Street to Springmill Road (using east bound lane)
South: On Springmill Road-.!O 1315t Street (using north bound lane)
West: On 1315t Street to Cardif Drive (using east bound lane)
South: On Cardif Drive to Portsmouth Drive (using all lanes)
South: On Portsmouth Drive to Dorset Blvd (using all lanes)
East: On Dorset Blvd to Springmill Road (using all lanes)
South: On Springmill Road to 116th Street (using north bound'iane)
East: On 116th Street to Illinois Street (using the west bound lane)
North: On Illinois Street to Urology of Indiana parking lot (using north bound lane)
East: In to Urology of Indiana parking lot to Finish Line
Finish: In Urology of Indiana parking lot
Page 1 of 2
5K COURSE
Start: On Frontage Road in front of the Urology of Indiana Building (north end)
North: On Frontage Road to W Carmel Drive (using all lanes)
West: On W Carmel Drive to Hamilton Crossing Blvd (using west bound lane)
North: On Hamilton Crossing Blvd to Meridian Corners Blvd (using north bound lane)
South: On Meridian Corners Blvd to Dorset Blvd (using north bound lane)
West: On Dorset Blvd to Springmill Road (using east bound lane)
South: On Springmill Road to 116th Street (using north bound lane)
East: On 116th Street to Illinois Street (using the west bound lane)
North: On Illinois Street to Urology of Indiana parking lot (using north bound lane)
East: In to Urology of Indiana parking lot to Finish Line
Finish: In Urology of Indiana parking lot
Page 2 of 2
KEN LONG &ASSOCIATES
994 North Combs Road -Greenwood, IN 46143
(317) 884-4001 * FAX: (317) 884-4005l{t~~email: klong@J<enlongassoc.com*website:kenlongassoc.com
Great Prostate Cancer Challenge
September 6, 2008
Course Directional
LOCATION VOL CARMELPD
Frontage Road and 126LI1 Street CPO
126U1 Street and the Round-a-bout CPO
Hamilton Crossing Blvd and Meridian Corners Blvd CPO
Illinois Street and 131 sl Street Round-a-bout CPO
Illinois Street and Neighborhood Entrance Ax2
Illinois Street and 136th Street CPO
1361n Street and Memory Lane A
1361n Street and Village Dr / Bentley Way Ax2
1361n Street and Church B
136U1 Street and Thistlewood Dr / Continental Way A x 2
136th Street and Springmill Blvd A
I 36th Street and Versailles Dr A
I 36th Street and Springm ill Rd CPO
Springmill Rd and Patoka PI A
Springmill Rd and Kingsbury Dr A
Springmill Rd and Shoemaker Dr A
Springmill Rd and 131 SI Street Round-a-bout CPO
131 SI Street and Cardif Dr CPO
Cardif Dr and Portsmouth Dr A
Portsmouth Dr and Dorset Blvd A
Dorset Blvd and Sheffield Blvd A
Dorset Blvd and Springmill Rd CPO
Springmill Rd and Creekwood Ln A
I Springmill Rd and Pintail Ct A
Springmill Rd and Mallard Ct A
Springmill Rd and I 16th Street Round-a-bout CPO
I 16th Street and Illinois St CPO
Illinois Street and Clarian Health CPO
Page 1 of2
,
---
I•
CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization: Tf"\~J P(CAn 0 ...5& cLr'o
Point of Contact: an n e< !Vi ('5 n e.. v-
Address: l ~~ .Q. P4 Ltrb,{ C Ice + Dv , ' ve..
City, State, Zip: {~Y .e'2 ,ry T tV Yro 0 7-Y ~'1
50'? A,\
HomePbone: (3(J..) (p IQ q-f/d. 9 WorkPbone: 0'1) ~-ROl-. -/9 Y G:,
( ) Fax Number ~(--J)I....-_________Cell Pbone:
For Profit Organization: V Non-Profit Organization: Individual: ___
Day and Date Requested: A4= ~ (p
I
Time Requested: (: 00 a.m.l@Jto: -3: 3D a.m@<This includes set-up and dean-up time.)
CC. 0(\ Cer-+ 0 ..+ I! 30 J .5et-up o..r(A.,ttcL i:oS 0 r I!10P''')
Rebearsal Date:--Time: a.m.lp.m. to a.m.lp.m.
City Facility Requested: Gazebo v'" Fountain Area
Caucus Room (1/3) _ (2/3)_ Council Cbambers
Special Requests: Electricity V Fountain Restroom ~Other _______
Purpose: Pi' a.,y\ 0 Co t"\ C ev--+ + p, ~,~umber of People Expected: ______
Vendors: Yes No __ ~ _ (If yes, please attach list ofvendor(s) information.)
Other Requests: City Street Closing (Large Events Only) ___________
Neigbborbood Street Closing (Street(s), Address(es) Blocked) ___'----_____
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously granted request to use a City facility for
any lawful reason.
+A Il . ()
Received tbis S day of ffv1 v 0 t-,200_6_., by tbe Office of tbe Mayor.
Mayor's Office
Revised: 01107
,
f
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I bave read and understand the City or Canoel, Indiana (66Qty"') Facilit)· Use Polic)' and agree to be bound by aU
the terms and cooditions set forth therein.
I wiD lave the City raciJiQ' I use in tbe same c:oadition tlta' it w" immediately prior to m,' use t~_ I agree to
pay for any damage. repair or clean~p costs incurred by tbe City as a result of my use or a City facility_
I hereby certify tbat I. and the orgaaization I represent. if applicable. agree to be bound by tbe City's Facility Use
Policy and by any addition cooditiou or restrictioas placed upon my/our IDe or a City facility by the Board. I
understand tbat the Board bas tile right to deny or revoke my request for the use or a City facility for any lawful
IUSOD, and that tile barmless by me andlor my organization from any damagu, costs or expen!leS incarred directly
or indirectly as a result of sucb action.
PIeue sign below aad mail tile CQlDpleted form to the Office or the Mayor, ODe Civic Square, Carmel, Indiana
46032.
Approved this __day of , 200_"( Pt· M I S~·~v )1'\ Y\ e..
~fYL~'Y
Name or Organization/Applicant
f)~~u...c
~
Applicant
AA . 1'i ~Vl()A(\("\4Z., ,-\ (Sh er +ea..c I. , n ev-
Printed Name and Title (H applicable)
I :2. ~-<. P()...0...~ !)y .
Cd~d . jTfJ'Iw+f.jAdd~onJApplicant
Date: Vj / s-j 0 t
CITY OF CARMEL, INDIANA
By and Througb its Board of Public Works and Safety
Date:_________________
Mary Ann Burk~ Member Date:__________________
-Lo-n-·-W-atso-n-,-M-em-be-r---------
Date:_______________
ATIEST:
Diua L.. Cordray, lAMe. Clerk-Treuurer
Da~___________________________
S~iMCoDwtions: _____________________________________________
~?
PUBLIC NOTICE TO ALL INTERESTED PARTIES REGARDING
PUBLIC HEARING TO BE CONDUCTED BY THE CARMEL
BOARD OF PUBLIC WORKS AND SAFETY
At the August 20, 2008 meeting of the Board of Public Works and Safety of the
City of Carmel, Indiana (the "Board"), the Board will hold a public hearing beg inning at
10:00 a.m. in the Council Chambers, City Hall, One Civic Square, Carmel, Indiana, in
order to: (i) receive public input on the sale of a portion of certain real property currently
owned by the City of Carmel and consisting of that real property being part of Tax
Parcel No. 17-13-11-02-01-016.001 , a portion of Lots 12 and 15 in Penn-View Heights
in Carmel, Indiana, as per plat thereof recorded in Deed Record 139, pages 355-356, in
the Hamilton County Recorder's Office, which property is located at 10407 and 10409
Pennsylvania Street in Carmel, Indiana, less the right of way for the expansion of
Pennsylvania Street, as more particularly described below; (ii) allow interested persons
an opportunity to be heard regarding this matter; (iii) allow the Board to gather the
information it deems necessary in order to be able to issue a recommendation to the
Mayor of Carmel regarding the sale of said property; and (iv) conduct any other lawful
business connected or related to the above.
The legal description of said property is:
Lot Number 12 and 15 feet by parallel lines off the South side of Lot
Numbered 11 and 10 feet by parallel lines off the North side of Lot
Number 13 in Penn-View Heights, First Section, an addition in Hamilton
County, Indiana, as per plat thereof, recorded in Deed Record 139, pages
355-356 in the Office of the Recorder of Hamilton County Indiana.
Excepting, Twenty-five (25) feet, taken by parallel lines, off the entire west
side of the described property.
1100828_1 .DOC
/
,-'
PUBLIC NOTICE TO ALL INTERESTED PARTIES REGARDING
PUBLIC HEARING TO BE CONDUCTED BY THE CARMEL
BOARD OF PUBLIC WORKS AND SAFETY
At the August 20, 2008 meeting of the Board of Public Works and Safety of the
City of Carmel, Indiana (the "Board"), the Board will hold a public hearing beginning at
10:00 a.m. in the Council Chambers, City Hall, One Civic Square, Carmel, Indiana, in
order to: (i) receive public input on the sale of a portion of certain real property currently
owned by the City of Carmel and consisting of that real property being part of Tax
Parcel No. 17-13-11-02-01-016.101, a portion of Lot 13 in Penn-View Heights in
Carmel, Indiana, as per plat thereof recorded in Deed Record 139, pages 355-356, in
the Hamilton County Recorder's Office, which property is located at 10403
Pennsylvania Street in Carmel, Indiana, less the right of way for the expansion of
Pennsylvania Street, as more particularly described below; (ii) allow interested persons
an opportunity to be heard regarding this matter; (iii) allow the Board to gather the
information it deems necessary in order to be able to issue a recommendation to the
Mayor of Carmel regarding the sale of said property; and (iv) conduct any other lawful
business connected or related to the above.
The legal description of said property is:
Lot Number 13 in Penn-View Heights, First Section an addition in
Hamilton County, Indiana per plat thereof, recorded in Deed Record 139,
pages 355-356 in the Office of the Recorder of Hamilton County, Indiana
and the North Half of vacated 104th Street, being 25 feet in width by
parallel lines with the South line of said Lot Nurnber 13, recorded
November 16,1965 in Miscellaneous Record 87, Page 100 in the Office of
the Recorder of said County. EXCEPT, 10 feet by parallel lines off the
entire North side of Lot Number 13 in Penn-View Heights.
Also Excepting, Twenty-five (25) feet, taken by parallel lines, off the entire
west side of the described property.
Diana L. Cordray
Clerk-Treasurer
1100830JDOC
"
NEW AGENDA ITEM
Today's Date: O?f / /3 / tJ g
__CITY COUNCIL (Ortginal and 8 Copies)
* E-Mail All Ordinances and Resolutions (Include any Exhibits) to
Lois Fine
~OARD OF PUBLIC WORKS (Ortginal and 5 Copies)
Check One:
__ADD-ON
~ NEXT MEETING: CJ ~ t!J.() /c:J g
(Date)
__FUTURE MEETING: _/~ /(Date)
Sponsor:
(perS~d on Agenda) . • &u;dJ~
?Jii#?;j~!::fi~~O%1;i:;O/
~
Any Special Instructions:
(Special Equipment Needed, Verbal Presentation, Etc.)
~-
RESOLUTION NO. 08-20-08-01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, REGARDING THE
THIRD PARTY TRANSFER OF REAL PROPERTY
WHEREAS, the City of Cannel, Indiana (hereinafter, the "City") acquired certain
property located at 10401 and 10403 Pennsylvania Street in Cannel, Indiana (the "Property") for
the purpose of expanding Pennsylvania Street; and
WHEREAS, only a portion of the Property is necessary for right-of-way for the
Pennsylvania Street expansion (the "Right-of-Way Area"); and
WHEREAS, the Property excluding the Right-of-Way Area (the "Remainder Property")
is not needed for any other public purpose; and
WHEREAS, the legal description of the Remainder Property is set forth on Exhibit A
attached hereto; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Carmel Board of Public
Works and Safety (the "BPW") hereby makes the following findings:
1. The foregoing Recitals are incorporated herein by this reference.
2. Upon approval of the sale of the Remainder Property by the Common Council of
the City of Carmel, Indiana, the Remainder Property shall be sold pursuant to I.C .
36-1-11-5.
3. The sale of the Remainder Property shall be conditioned upon any necessary
approval and/or ratification of the sale by any other applicable municipal entity
including the City of Carmel Redevelopment Authority and/or the City of Carmel
Redevelopment Commission.
4. The purchase price for the Remainder Property shall not be less than $180,000.00,
adjusted by reasonable and customary closing costs, and other expenses incurred
by the City as a result of such sale.
5. The BPW hereby designates Steve Engelking, Director of the Department of
Administration for the City of Carmel, Indiana as its agent for purposes of
completing the disposition of the Remainder Property. Steve Engelking is hereby
authorized to execute all documents required in connection with the disposition of
the Remainder Property pursuant to this Resolution and to take all other lawful
actions necessary to complete the acquisition, offering and disposition of the
Remainder Property as contemplated herein.
II00728JDOC
-----------------------------------
---------------------------------
,..
Resolution ofThe Board of Public Works and Safety
PASSED by the Board of Public Works and Safety of the City of Cannel, Indiana, this
___ day ofAugust, 2008, by a vote of ayes and nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
By:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:____'--_____________________________
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date:_________________________________
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
Before me, a Notary Public in and for said County and State, personally appeared
Mayor James Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of
the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of
the City of Carmel, who acknowledged the execution of the foregoing "Resolution" on behalf of
the City of Carmel, Indiana.
Witness my hand and Notarial Seal this __ day ofAugust, 2008.
Commission Expiration: __________ Notary Public Signature
County of Residence:.___________ Notary Public -Printed
II00728JDOC 2
•
,
EXHIBIT A
Lot Number 13 in Penn-View Heights, First Section an addition in Hamilton County, Indiana per
plat thereof, recorded in Deed Record 139, pages 355-356 in the Office of the Recorder of
Hamilton County, Indiana and the North Half of vacated 104lh Street, being 25 feet in width by
parallel lines with the South line of said Lot Number 13, recorded November 16, 1965 in
Miscellaneous Record 87, Page 100 in the Office of the Recorder of said County. EXCEPT, 10
feet by parallel lines off the entire North side of Lot Number 13 in Penn-View Heights.
Also Excepting, Twenty-five (25) feet, taken by parallel lines, off the entire west side of the
described property.
1100728 I.DOC
-\
NEW AGENDA ITEM
Today's Date: 0 g / 1.:2 / 0 ~
__CITY COUNCIL (Original and 8 Copies)
* E-Mail All Ordinances and Resolutions (Include any Exhibits) to
.Lois Fine
_.:;..vi_BOARD OF PUBLIC WORKS (Original and 5 Copies)
Check One:
__ADD-ON
0EXT MEETING: C2%../ d-tJ / () ~
(Date)
__FUTURE MEETING: _/~ /(Date)
Sponsor:
(pe]'n to be Listed on Agenda) .
n,urlM-< &u;e~
Description ofItU £~, "zW../3 f'tV 7tR. ~IJ C1 :utA '1 4!ht,.:~~i6J.At:r#ir~4
Any Special Instructions:
(Special Equipment Needed, Verbal Presentation, Etc.)
RESOLUTION NO. 08-20-08-02
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, REGARDING THE
THIRD PARTY TRANSFER OF REAL PROPERTY
WHEREAS, the City of Cannel, Indiana (hereinafter, the "City") acquired certain
property located at 10407 and 10409 Pennsylvania Street in Cannel, Indiana (the "Property") for
the purpose of expanding Pennsylvania Street; and
WHEREAS, only a portion of the Property is necessary for right-of-way for the
Pennsylvania Street expansion (the "Right-of-Way Area"); and
WHEREAS, the Property excluding the Right-of-Way Area (the "Remainder Property")
is not needed for any other public purpose; and
WHEREAS, the legal description of the Remainder Property is set forth on Exhibit A
attached hereto; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Cannel Board of Public
Works and Safety (the "BPW") hereby makes the following findings:
1. The foregoing Recitals are incorporated herein by this reference.
2. Upon approval of the sale of the Remainder Property by the Common Council of
the City of Carmel, Indiana, the Remainder Property shall be sold pursuant to I.e.
36-1-11-5.
3. The sale of the Remainder Property shall be conditioned upon any necessary
approval and/or ratification of the sale by any other applicable municipal entity
including the City of Cannel Redevelopment Authority and/or the City of Cannel
Redevelopment Commission.
4. The purchase price for the Remainder Property shall not be less than $180,000.00,
adjusted by reasonable and customary closing costs, and other expenses incurred
by the City as a result of such sale.
5. The BPW hereby designates Steve Engelking, Director of the Department of
Administration for the City of Cannel, Indiana as its agent for purp.oses of
completing the disposition of the Remainder Property. Steve Engelking is hereby
authorized to execute all documents required in connection with the disposition of
the Remainder Property pursuant to this Resolution and to take all other lawful
actions necessary to complete the offering and disposition of the Remainder
Property as contemplated herein.
1100719 I.DOC
..
Resolution of The Board of Public Works and Safety
PASSED by the Board of Public Works and Safety of the City of Cannel, Indiana, this
_ day of August, 2008, by a vote of ayes and nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
By: _----:--~~~~~--J ames Brainard, Presiding Officer
Date:_________________
Mary Ann Burke, Member
Date:_________________
Lori Watson, Member
Date:_________________
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date:_________________
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Mayor James Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of
the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of
the City of Carmel, who acknowledged the execution of the foregoing "Resolution" on behalf of
the City of Cannel, Indiana.
Witness my hand and Notarial Seal this __ day of August, 2008.
Commission Expiration: _____ Notary Public Signature
County of Residence:______ Notary Public -Printed
1100719 I.DOC 2
I'
EXHIBIT A
Lot Numbered 12 and 15 feet by parallel lines off the South side of Lot Numbered 11 and 10 feet
by parallel lines off the North side of Lot Number 13 in Penn-View Heights, First Section, an
addition in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139, pages
355-356 in the Office of the Recorder of Hamilton County Indiana. Excepting, Twenty-five (25)
feet, taken by parallel lines, off the entire west side of the described property.
1100719 1.DOC
NEW AGENDA ITEM
Today's Date: 0 f I /3 I 07'
__CITY COUNCIL (Original and 8 Copies)
* E-Mail All Ordinances and Resolutions (Include any Exhibits) to
Lois Fine
_=-v<c;_BOARD OF PUBLIC WORKS (Original and 5 Copies)
Check One:
__ADD-ON
~NEXT MEETING: t) g' I d-O Irt
(Date)
__FUTURE MEETING: __/~ 1(Date)
Sponsor:
(Person to be Listed on Menda) . vm~~
Description of Item:
Any Special Instructions:
(Special Equipment Needed, Verbal Presentation, Etc.)
t'
RESOLUTION NO. BPW-08-20-08-08
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
RATIFYING MAYORAL SIGNATURE ON PROPOSAL
WHEREAS, the executive officer of a municipality has the right and authority under Indiana law to
enter into contracts on behalf of the municipal corporation; and
WHEREAS, due to the exigencies of time, City of Cannel MayorJames Brainard, upon the advice of
the Carmel City Attorney, executed that certain Control Tech Proposal Form ("Agreement"), attached and
incorporated herein as Exhibit "A"; and
WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above
actions of Mayor Brainard and to adopt the same as the act of the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of
Cannel, Indiana, that:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The actions of Mayor James Brainard in executing the Agreement are hereby ratified and such
actions are hereby approved and adopted by the Board as its own.
Approved and Adopted this day of , 2008.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date: _______________
Lori S. Watson, Member
Date:
Mary Ann Burke, Member
Date:
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
(eb:m.~rd:z:\t bassoy docwDCIlu'bpw-rcsoluliooJ\2008\n.ufy ma)(ll'$ sip(lrw~OD ''1'air propos.al.doc:&l JJ/08]
08/12/2008 09:43 3178735834 CONTROL TECH PAGE 02/02
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Proposal No. Customer No. 5949 Date: 8f12t2008
I'ROPOSAL SUBMITTED TO WORK TO BE PERFORMED AT
Name Carmel Clay Communications I Street
Street 31 First Ave.N W City State
City Cannel Zio 46077 R~ptctf\\/ly ~nhmitttd by Tony 155
State IN I Notr: Thi~ propo!lAI mRY btl "ithdrAwn by 115 if
teleohone # 57:l~2580 J not lI~tpted within 30 d~
V~e hereby propose to finish all the materials and perform all the lobor necessary for the completion of
Install new Tnl1lc t(H)f top unit.
1) Remove existiing Lennox unit model GCSl6-65t·7S-3P
2) Insbtll new Tirane unit modeI2YCC3060Al096A.
3) U~e exi!ltlng gas line and electrical.
4) Install mllnufil outside air damper
S) Start !ystem :md nt freon charge to factory spee.
WarrAnties: 5 yean on compressor, 1 Ytlar on parts, 1 year on labor
Crane rental included In price.
AUXILIARY PRODUCTS (additional cost)
Electronic Air Cleaner...............
Mechanical Air Cleaner.......•.....
Whole flioulle Humidifier............
Programmable The.,.most~t.........
Air DtlCI Cleaning................., ..
Ail' Purlncatjon SYlItcm •............
Upgrndf~ to _______
Upgrad«: to ~______
E:rtended Parts W3rra nty JJ1I...
Extended Labor WarrantyJrs..
Zone SY9tem............•............••
Supply Ail' Run ( ) , ................
Return Air Run ( ) ........'" ......
Deodoridng............................
Reg Price
(add)S
(add)S
(add)$
(Jldd)$
(ftdd)$
(Add)$
(add)$
(add)$
(add)$
(add)$
(add)S
(add)$
(ndd)$
(add)S
Sanltiziug.............................. . (Jldd)$
(add)S
(add)$
add
During In!/tall Pricc
Price 57198..00
SubTotal $ 7198.00
rials, Credits, Discounts and Permits
WARRANTIES: per the manufacturer
Parts:
~
~
----X&.
----Y.B.
~
Labor: .........x&
-YB,.
~
~
tYR.
F"r."~.__________
ACrnp______________
Hnlllidll'ler_________
AIr Cletlnrr _________
Oliler 2Y(;CJ06OAl9?!!A
HC1IIt £xchnnger_IO_Compl'u!lllr_5_
Orhtr_~~____~__
Furnaee_________
AC/HP~_______
Harnidifier________
Air ClcRner_______
Other 2YCC3Q60A1098A
HeAt tlJ'thlln~tr__COnlpr"f'~Il"__
51111totAl $ 7J 98.00
AII:t rrl'ldllc:t~ Ttf $._-:-::-:-::___
Tota' ItlVflShllflllt $ 1J 98.00
All materiAl is ~UArnnteed to be as spec:itied., and the Above work to be performed in IIccordflnce with the dr.win~ and specifir.ations
submitted tor the Above lind completed in .a subrtllotlnl workmllnlike rltAnner for the ~um I)f Dollnn(S)
Total $ 7198.00
To Be Pnid: () Paymer)t In I"ull Upon Completion
( ) ViSA M/C Di~rover -Arne,; () Finant!ing Options Available ()Other
, h:ave rtlld ftl\(l8grff to the tcnn~ and conditi s on the reve .e !rille ortllil (JI'OpollAI. The "hove rices, spttifiafions Rnd condition, Arc! gltiRfRt"tory
.((('ptC(l. rjy ~rv'~riJ'.td tn do the war 5 ~peeincd. entwilt hr made R~ tmtllned e. AddidoDR' "'8JTAII~ reveMlr ~de.
Date ~p/-lJ2-S'~notu~ SS# ____________
flt'l"~1 dll.! 11/(/('1'1 1 . , /. It l/ 011 III : .\ . '( It!
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JAMES BRAINARD, MAYOR
July 9,2008
Board ofPublic Works and Safety
One Civic Square
Carmel, IN 46032
RE: Secondary Plat Approval Request-The Sanctuary @ 116t11, Sections lllA13 and 4A
Dear Board Members:
Mr. Steve Broennann, Project Manager for Platinum Properties, has requested the Secondary Plats ofThe
Sanctuary @ 116111 Street, Sections 112A13 and 4A, be placed on the Board ofPublic Works and Safety
agenda for approval and signatures.
The Carmel Clay Plan Commission originally approved this project on August 19, 1997 as Eagle Ridge,
Docket No. 27-97PP and on January 20, 2004 as the Lakes @ Hamilton Place, Docket No. 78-03 PP
Amend. The name ofthe development was subsequently changed to the Sanctuary @ 116111 Street The
plats have been reviewed and signed by the Department ofCommunity Services. All required Perfonnance
Guarantees have been posted. Therefore, I recommend the Board approve and sign these Secondary Plats.
Sincerely,
7ll7?/J~
Michael T. McBride, P.E.
City Engineer
MTMlrbh
Attachments (Mylar Plats)
S:\BPW08\sANCfUARY@11611i12A34APLAT
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUAHE, CARMEL, IN 46032 OFFICE 317.57l.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
..
August 11, 2008 c
JAMES BRAINARD, MAYOR Board of Public Works
One Civic Square
carmel, Indiana 46032
RE: Curb Cut Request -Dairy Queen @ Rangeline Road
Dear Board Members:
Mr. Richard Kelly of Evans, Mechwart, Hambleton &TIlton, Inc., on behalf of Khoury Enterprises, has
requested approval for two new commercial curb cuts to serve the rebuild of the Dairy Queen located at
951 North Rangeline Road. This project, City of Carmel Docket #08070001, was given administrative
approval by the Department of Community Services under Overlay Ordinance requirements.
The proposed curb cuts are located on the east side of North Rangeline Road, approximately 1,210 and
1,330 feet north of the center line of East 136th Street. The width and radii of the curb cuts conform to
current standards. There are no alignment issues with these cuts as there are no existing curb cuts on
the west side of Rangeline Road.
The Department of Engineering recommends that the Board approve the requested curb cuts
contingent upon satisfaction of the following requirements:
• In addition to complying with the approved construction plans for the Dairy Queen Rebuild, the
projects' contractor shall comply with the provisions of carmel City Code 6-227(a)(l), 6
227(a)(8) and 6-227 (b) and 6-227(h).
• The petitioner understands that approval Is granted for the curb cuts only. All other Items of
work shown on the attached exhibit are subject to review and approval by the Department of
Engineering and/or other Departments of the City as part of a separate approval process.
• Southern curb cut shall be limited to "ENTER" only.
• Northern curb cut shall be limited to "EXlr' only.
Sincerely,
}7l,7. ~v:/I -/
Michael T. MCBrl!e~
City Engineer
Enclosure
\\Apps2\user data\eng\shared\DHill\BPW08\DAIRYQUEENCURBCUT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUAHE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
H&T
Evans, Mechwart, Hambleton & Tilton, Inc.
Engineers. Surveyors, Planners, Scientists
August 7, 2008
Mr. Dick Hill
City of Carmel
Department of Engineering
One Civic Square
Carmel, Indiana 46032
DAIRY QUEEN REBUILD -951 N. RANGELINE ROAD
TAC 08070001 APPLICATION
REQUEST FOR BOARD OF PUBLIC WORKS AND SAFETY APPROVAL
Dear Mr. Hill:
On behalf of Khoury Enterprises, we respectfully request that the Dairy Queen Rebuild project be
placed on the agenda for the next available meeting of the Carmel Board of Public Works and
Safety for commercial curb cut approval. The project consists of one restaurant building. The
building will have approximately 3,800 square feet of gross floor area and 96 seats with a
drive-thru window. The following approvals are requested:
Commercial Curb Cut
Request for approval of two new commercial curb cuts on the east side of North Rangeline Road
approximately 1,210 feet and 1,330 feet, respectively, north of the center line of E. 1361h Street.
Attached please find an exhibits indicating the general location and details of the proposed curb
cuts.
Right-of-Way Dedication
Request for approval for a dedication of 10 feet of additional right-of-way (for a total of 45
feet half-right-of -way) along the east side of Rangeline Road approximately 165 feet in length
per Carmel Thoroughfare Plan.
We trust that the information contained herein is sufficient to support the request by Khoury
Enterprises for the curb cut and right-of-way dedication approvals necessary for this project.
However, should you require any additional Information regarding this matter, please contact our
office at 91 3-6930.
Respectfully Submitted,
Cc: Mina Khoury/Khoury Enterpises
O,\P'oje<1\..2008Prolech\20081191 \Permin\8PW.Req......\8PW·DHlIl'080~08l!rDOC
MCMXXVI
7400 North Shadeland Avenue, Suite 150, Indianapolis. IN 46250 • Phone 317.913.6930 • Fax 317.913.6928
Columbu5 • Cincinnati • IndkJnapol~ • Char10tte
emht.com
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August 11, 2008 c
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: Open pavement cut and closure -Public Alley
Dear Board Members:
Mr. Robert Olson of eso Architects, on behalf of Ms. Nancy Ashlock of Duke Energy, is requesting
approval to close a portion of an existing public alley and approval for an open pavement cut. The
existing public alley Is located north of West Main Street between 1st Avenue NW and Rangellne Road to
allow Duke Energy to excavate and install an underground electrical feed (4" conduit) to service the
Carmel Antique Mall and then allow removal of the existing overhead lines west of 1st Avenue NW to
accommodate development of the Carmel Redevelopment Commission Parcel 47 .
The Department recommends that the Board approve the requested alley cut conditioned upon the
following requirements:
• Closure shall be restricted to the hours of 9:00 AM to 3:00 PM
• The project contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227
(a)(8) and 6-227(b).
• Review of Malntena nce of Traffic Plan with the Department of Engineering prior to
implementation.
• Open pavement cut shall be restored in accordance with City Standard Street Cut Patch Repair
detail.
• Closure will be limited to area from a point 50' east of the centerline of 1st Avenue NW to a
point 135' from the centerline of 1st Avenue NW. Access out of the existing parking lot on the
west side of the Antique Mall to the alley and to 1st Avenue NW must be maintained.
Sincerely,
7IJ:7.~~
Mike McBride, P.E.
City Engineer
Enclosure
\\Apps2\user data\eng\shared\DHIII\DUKE ALLEY CUT.DOC
DEPARTMENT OF ENGINEERING
ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
c9.>
CSO Architects
August 4, 2008
Gary Duncan, P.E.
City of Cannel Engineering Dept.
One Civic Square
Cannel. Indiana 46032
Ref: Alley Cut, Between West Main & 11t Street NW
OearGary:
Please accept this letter as a letter of request to be placed on the next available Board of Public
Works meeting in August 2008 for the review and approval for an alley cut located north of West
Main Street and 1mStreet NW and east of 1st Avenue NW. The alley cut is to allow Duke
Energy to excavate and install a new underground electrical feed to the existing antique shop
located along West Main Street from aerial to underground. This work is required so Duke
Energy can remove all the existing above ground electrical lines located within the block of West
Main Street north to 1st Street NWand 11t Avenue NW west to 2nd Avenue NW. The removal of
the utilities within the block as mentions are to allow the construction of the proposed block
project approved by the Cannel Redevelopment Commission by Keystone Development
Company.
Nancy Ashlock of Duke Energy will be submitting the plans and pennit for this work in the alley.
Please add this project to the Board of Public Work's ag$nda for the next available August
meeting.
If you have any questions please feel free to contact me at your convenience.
Sincerely Yours,
Robert R. Olson
CSO Architects
ARCHITECTURE' INTERIOR DESIGN
08/04/2008 ION 13:36 FAX 7654464008 Duke Energy Oper/Engrg ~002/004
"DulceC-.,Energy.
City ofCannel
Department ofEngineering
One Civic Square
Cannel. IN 46032
Rc: R/W Permit for:
.lnstalling Underground Service Wire
Cannel Antique Mall
38 WMainSt
Carmel, IN 46032
Dear Mr. Glaser:
The work at this location will include the following:
Cutting the alley that runs cast and west, south of 1" St. NW and east of lit Av
NW. We will install underground service wires from an existing three phase
transformer on the north side ofthe alley to the mctc:r location facing 1-A V.
The purpose ofthis work is to replace the service wire that is cUITentlyoverhead
with underground wire. This will allow the property on the west side of lit Av.
NW to be cleared ofoverhead poles and wire so that Parccl47 can be developed.
The work will be performed by Duke Energy and SUN Communications.
If you have any questions, please contact me at 765-446-4007.
Sincerely,
11~~
Nancy Ashlock
Senior Distribution Engineering Specialist
765-446-4007
765-446-4008 fax
Nancy.ashlock@dukc-cncrgy.com
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August 11, 2008
Board of Public Works and Safety
One Civic Square
carmel, Indiana 46032
RE: Open Pavement Cut/Lane Restriction -Hamilton Homes
Dear Board Members:
Mr. Richard Hamilton II, of Hamilton Homes, Is requesting a lane closure at 13240 Ditch Road (Lot 24,
The Estates of Clay West) for an open cut to install a 1 "" waterline and tap to the water line main
located in Ditch Road. The open cut will affect the southbound lane of Ditch Road. Mr. Tim Mattingly of
Mattingly Excavating will co-manage the project.
The Department recommends that the Board approve the requested lane closure conditioned upon the
following requirements:
• Providing a minimum 4S-hour notification of land restriction to the Department of Engineering.
• Submittal to the Department of a traffic control plan conforming to standards of INDOT Work
Zone Safety Manual requirements.
• Flagger shall be used during construction period.
• Lane restriction shall take place during the hours of 9:00 AM to 3:00 PM
• The project contractor shall comply with the provisions of carmel City Code 6-227(a)(1), 6-227
(a)(S), 6-227(b).
• Lane restriction cannot occur until September Sth, 200S or until such time as this segment of
Ditch Road is not part of a posted detour route. Petitioner must verify with the Department of
Engineering that this section of Ditch Road is still not part of a posted detour route prior to the
lane restriction.
Sincerely,
'//J# /: /?7txd
Michael T. McBride, P.E.
City Engineer
Enclosure
\\Apps21 user data\eng\shared\DHiII\BPWOS\HAMILTON HOMES.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carme1.in.gov
JAMES BRAINARD, MAYOR
JR1
-
F-r /-' I II r r :T~O I 1"__-u\ L__ _ _'\!
HOM E S
10412 A1lisonville Rd.
Suite 210
Fishers, Indiana 46038
OFF ICE: 317-570.1331
FAX: 317-570.1444
www.builtbyhamilton.COO1
CUSTOM HOMES & RENOVATION
July 14, 2008
Attn: Dick Hill
Engineering Department
Board for Water and Public Works Safety
Approval Of Open Pavement Cut
This request is from Hamilton Homes as a letter of intent to
cut Ditch Road in the southbound lanes at 13240 Ditch Road
and install an inch and a quarter waterline and an inch and a
quarter tap on the water main. The Lot in question is Lot 24
The Estates of Clay West. This work will be managed by
ourselves and Tim Mattingly of Mattingly Excavating in
accordance with the City of Cannel.
~-:-~~-A-~~
Richard R. Hamilton II, President
Hamilton Homes
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7140 Waldemar Drive
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317.299.7500 won'.PR1n' FAX ' .~17 ?91.!)RO!)
PLOT PLAN I PROJECT NO.
LOT 24 IDATE
DR. Gsa THE ESTATES OF CLAY WEST SHT. , PPI
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August 12, 2008 c L
Board of Public Works
JAMES BRAINARD, MAYOR One Civic Square
Carmel, Indian 46032
RE: Temporary Construction Entrance -96th Street and Westfield Boulevard Roundabout
Dear Board Members:
Mr. Jay Staehler, Weihe Construction, and G.B. Developers II are requesting to use an existing asphalt
drive on the Westside of the 96th Street and Westfield Boulevard Roundabout as a temporary
construction entrance. The petitioner intends to Import soil material for a proposed development to be
constructed in the southwest corner of said roundabout.
Protection measures for curbing would be put in place consisting of 4'x4'/2'x6' boards and/or existing
asphal~ millings placed at the face of curb.
The Department recommends that the Board approve the request for the existing drive being used for
access conditioned upon the following requirements:
• A Maintenance of Traffic Plan shall be prepared and reviewed by the Department of Engineering
prior to implementation.
• Restoration of any damaged curbing (damage being determined solely by the City) after
completion of work shall be In accordance with the City of Carmel Standards and subject to City
acceptance.
• Public streets shall be kept clean of dirt and debris during construction periods.
• Project contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8)
and 6-227(b).
• Implementations of curb protection measures as accepted by the City prior to use of temporary
construction entrance.
Sincerely,
'/rl1/!1~
Mike McBride, P.E.
City Engineer
Enclosures
\\Apps2\user data\eng\shared\DHIII\ACCESS DRIVE @ 96TH STREET ROUNDABOUT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
,
r.<~W.:~\". i' \f:¢;:tfs~ ~ .
August 8, 2008
City ofCannel
Department ofEngineering
One Civic Square .
Cannel, In 46032
Re: Access ofT ofthe roundabout at 961b and Westfield Blvd.
Dear Gary Duncan;
G.B. Developers II, LLC and Weihe Constructio~ Inc. would like to ask the Board of
Works ifwe could use the existing asphalt drive on the Westside ofthe roundabout at
96* and Westfield Boulevard as an access drive to haul in dirt for the proposed
development at the southwest comer ofroundabout (See attached drawing).
We are proposing to use 4x4/2x6 boards or some existing asphalt millings to be placed
at face ofcurb to provide protection and an easier transition for the tri-axles as they drive
overcW'b.
If you need any additional information please don't hesitate to call me at 317-776-2966.
Sincerely,
J~::-ect~
Weihe Constructio~ Inc.
WEIHE CONSTRUCTION, INC. 16116 StODy Creek Way, Noblesville, IN 46060
(317) 776-l966 FAX. (317) 776·3060
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August 12, 2008
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: Curb Cuts Request -Guilford Patio Homes
Dear Board Members:
Mr. Jim Shields of Weihe Engineers, on behalf of Uptown Partners, LLC, has requested approval for two
curb cuts to serve Guilford Patio Homes located at 531 South Guilford Road. This project received
DP/ADLS approval on 12/18/07 under Docket No. 07070059 and HPR approval under Docket No.
08010009.
The proposed south curb cut will serve as the main entrance for said project and is located
approximately 147' north of the intersection of 126th Street and Guilford Road. The width and return
radii of the curb cut conform to current City standards. There are no alignment Issues with this curb cut
as there are no current curb cuts on the west side of Guilford Road.
The proposed north curb cut will serve as one way right out only exit (designated as a private drive) and
additionally serve as emergency vehicle access. This curb cut Is approximately 504' north of the
Intersection of 126tn Street and Guilford Road. There are no alignment Issues with this curb cut as
there are no current curb cuts on the west side of Guilford Road in this area also.
The Department of Engineering recommends that the Board approve the requested curb cuts
contingent upon satisfaction of the following requirements:
• In addition to complying with the approved construction plans for Guilford Patio Homes, the
project's contractor shall comply with the provisions of Carmel City Code 6-227(a)(l), 6
227(a)(8), 6-227(b) and 6-227(h).
• The petitioner understands that approval is granted for the two curb cuts access only. All other
Items of work shown on the attached exhibit are subject to review and approval by the
Department of Engineering and other Departments of the City as part of a separate approval
process.
• The northernmost curb out shall be restricted to right-out only access.
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317,571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
..
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Page 2 of2
Curb Cut Request -Guilford Patio Homes
August 12, 2008
Sincerely,
/77.:2 ~ -d/7M'i~h~el T MCB~d. . rrePE
City Engineer ,. .
Enclosure
\\Apps2\user data\eng\shared\DHIII\BPW08\GUILFORDPATIOCURBCUTS.DOC
...
August 12, 2008
Board of Public Works and Safety C
One Civic Square JAMES BRAINARD, MAYORcarmel, Indiana 46032
RE: Open Pavement Cut Request -Guilford Patio Homes
Dear Board Member:
Mr. Jim Shields of Weihe Engineers, on behalf of Uptown Partners, LLC, is requesting approval for open
pavement cuts of the existing pavement of Guilford Road to facilitate sanitary sewer and storm sewer
main extensions to service the proposed Guilford Patio Homes development. The work to make these
connections will require lane closures and lane restrictions ofthe affected roadway.
The attached exhibit Indicates the approximate locations of the work. The southernmost pavement cut
Is approximately 122' north of the intersection of 126th Street and Guilford Road. The northernmost
pavement cut is approximately 518' north of same Intersection.
The Department recommends that the Board approve the request open pavement cuts and lane
restrictions/closures contingent upon satisfaction of the following requirements:
• The petitioner understands that approval is granted for the open pavement cuts only. All other
Items of work shown on the attached exhibit are subject to review and approval by the
Department of Engineering and other Departments of the City as part of a separate approval
process.
• One lane of traffic shall be maintained at all times on Guilford Road and work shall be restricted
to the hours between 9:00 AM to 3:00 PM.
• Submittal to the Department of a Traffic Control Plan for said work conforming to standards of
INDOT Work Zone Safety Manual requirements for review and approval prior to implementing
the traffic control plan.
• Flaggers shall be used during construction periods.
• A contractor currently bonded with the City shall perform the connection to the existing
manholes.
• Open pavement cuts shall be restored in accordance with Carmel City Standards.
• In addition to complying with the approved construction plans for Guilford Patio Homes, the
contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8), and 6
227(b).
• Surface overlay of Guilford Road Associated with the development project shall be done after
the proposed open pavement cuts have been restored.
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
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JAMES BRAINARD, MAYOR
August 13,2008
Board of Public Works and Safety
One Civic Square
Cannel, IN 46032
RE: The Legacy I Community Drive -Right of Way Dedication
Dear Board Members:
Mr. Timothy J. Walter, P.E., Senior Project Manager for Platinum Properties, representing East Cannel
LLC, the Owner of this property, has requested the Board sign the Dedication ofPublic Right of Way
documents presented for approval. These documents dedicate the right of way for Community Drive which
is located in the Legacy mixed use development. This dedication includes the right ofway for Community
Drive from 1461h Street to the roundabout offuture Cheery Creek Boulevard and the right of way ofthe
roundabout. This right of way is being dedicated to accommodate the future approval and construction of ·
sections of the Legacy development that would either include or border Community Drive. On behalf of
the City of Carmel, I would like to thank Mr. Walter, Platinum Properties and East Carmel LLC for this
dedication.
On behalf of the City of Cannel, I recommend the Board accept the right of way dedication and sign the
dedication documents.
Sincerely,
~?;;n~
Michael T. McBride, P.E.
City Engineer
MTMlrbh
Enclosures
S:\BPW08\LEGACYCOMMUNITYDRROWDED
D EPARTMENT OF E NGINEERING
O NE CIVIC SQUARE, CAIt\IEI., IN 46032 OFfiCE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
APPROVED, AS TO FOItNl8Y:~
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
TIllS INDENTURE WITNESSEm:
That East Cannel LLC (Jointly and individually the "Grantor"), the
fee simple owner(s) of the following described real property ("Property") described in attached
Right ofWay Exhibit incorporated herein by this reference, which Property is located in the City of
Cannel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and
with no reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the
Property, to the City ofCannel, Indiana ("Grantee"), subject to all existing easements and rights-of
way of record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency ofwhich are hereby acknowledged.
This conveyance of real estate is not subj eet to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on the 121"' day of 4v~oJqC > 2008.
"GRANTOR"
East Cannel LLC
BY: Platinum Properties, LLC it's sole member
~;eI3~u./By:
Kenneth R. Brasseur
Vice President
STATE OF INDIANA
COUNTY OF !d~MfUOIJ
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
acknowledged executing the foregoing Dedication and Deed of Public Right-of-Way.
Witness my hand and Notarial Seal this /2 TH day of 4I.Jliv"""" ,2008.
;k-1QW~:s
Notary Public (printed)
MY COMMISSION EXPIRES: _________
COUNTY OF RESIDENCE: __________
I affirm, under the penalties for pe~ury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
:.,oj
' .. , '
"
NW. COR., NW. "4 I: 2J, TIIIN, R4t. .
N89'OJ'27'",
RIGHT OF WAY EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
146TH STREET AND COMMUNITY DRIVE
Hath STREET Nt. COR. NW. 1/4 '1N. UNt, >CW. ". Sl:c. 2J, naN, R4E, N. ~c. NE. 1/4, SEC . 23. naN, R4ESEC, 2J. TlSN. R4~
SEC.
2682.110 soo~'IT'W--r NS9'OJ'21 ' W 4.IS' L-22I P,O,B,
LINE TABLE j ~LINE BEARING LENGTH ...J
L-l SOO'OO'OO"E 220.22 C-l C-l
624.8~'
S'LY RIGH T OF WAY LINE
L-2 S04'21 '27"W 242,38
L-3 SOO'OO'OO"E 88.34
L-4 SOY04'59"E 480,79
L-5 SOO'OO'OO"E 1.3.14
L-6 S45'OO'OO"w 28.99
L-7 SOO'OO'OO"E 864,86
L-8 S53'05'05"E 54.83
L-9 SOO'OO'OO"E 144,84
L-l0 S02'36'32"w 22.6'
L-ll SOO'OO'OO"E 3,45
L-12 N90'OO'OO"W 47,00
L-13 N53'05'05"W 46.06
L-14 NOO'09'46"W 144.8.3
L-15 NOO'OO'OO"W 877.53
L-16 N45'OO'OO"W 26.99
L-17 NOO'OO'OO"W 13,14
L-16 NOY04'59"W 480,79
L-19 NOO'OO'OO"w 66.34 1
L-20 N04'21'27"E 242..36
L-21 NOO'OO'OO"W 223.06
L-22 568'10', 9"E 89.05
NOW OR FORMERLY
EAST CARMEL. LLC
INSTR. No, 2007043398
N89'~'40'W 2677.99'__
CURVE TABLE
CURVE RADIUS LENGTH TANGENT CHORD CHORD BEARING DELTA
C-l 544.50' 41.41' 20.72' 41.40' S02'10'44"W 4'21'27"
C-2 455.50' 34.64 17.33' 34.63' S02'10'44"W 4'21'27'
C-3 455.50' 24.51 12.26' 24.51' SOI'32'30"E Y04'59"
C-4 544.50' 29.30 14.65' 29.30' SOI '32'.30"E 3'04'59"
C-5 289.00' 16.57 8.29' 16.56' SOI'38'.32 "E 3'17'04"
C-6 144.00' 125.16 66.64' l1.1 .26' 528'11'05"E 49'48'02"
C-7 75.00' 57.06' 29.99' 55.70' S74'52'55~E 4.3'35'39"
C-8 1432.00' 70.13 35.07' 70.13' S79'06'24"W 2'48'22"
C-9 110.00' 144.17' 64.55' 134.07' S40'09'22"W 75'05'41"
Lk-l0 338.00 ...2M7' 14.04 122.80' N28'55'18 'w 04'4531
IC-II 150.00' 126.52' 67.30' 134.06' N26'32'33"W 48'19'35"
~-12 82.00' 61 .47' 32.26' 60.04' N74'33'33"W 42'56'56"
IC-13 1425.00' 70.49 35.25' 70.49' N79'03'29"E 2'50'04"
C-14 110.00' 149,06 88.51' !.l7.91 , N36'49'I4"E 77'36'27"
C-15 455.50' 24.51 12.26' 24.51' N01'32'30"W 3'04'59"
~-~ 544.50' 29.30 14.65' 29.30' N01 '32'30"w 3'04'59"
~-17 544.50' 41.41' 20.72' 41.40' N02'10'H"E 4'21'27"
C-18 455.50' 34.64' 17.33' 34.63' N02'1 0'44'E 4'21'27"
~ ....
C-12
L-13 C-ll
C-l0'
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inch = 400 !L
~~H!rf~
Registered Land Surveyor .
No. 80040348
August 12, 2008 NOlE: THIS ORA'MNC IS NOT INTENDED TO BE REPRES£NTEO loS 10 REmACEloIENT
OR ORIGINAL BOUNDARY SURv(Y. A ROUTt SURV(Y OR A SURV[YOR lOCAnON R~ORT.
STOEPPEtWERlH & ASSOCIAT£S, INC.
. CONSULTING ENGINEERS &: LAND SURVEYORS
7965 Eost l06th Stree\' Fishtfs, IN 46038
(JI7) 849-59J5 · ,AX: (317) 849-5942
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SCALE
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( IN FEET)
DRAWN BY: TlB
CHECKED BY:
f-I--------1SCALE: I· a 400'
DATE: 08/12/2006
JOB NO. 5511551
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PAGE
1
OF .3 SHEETS
. : .•.. :.,. "I '
RIGHT OF WAY EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
146TH STREET AND COMMUNITY DRIVE
A part of tile Northwest Quarter ofScction 23. Township 18 North. Range 4 East. Clay Township, Hamilton County,
Indiana, more particularly described 3S follows :
Commencing at the Northeast Comer of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27
seconds West ~ong the North line of said Quarter Section a distance of624.85 feet; thence South 00 degrees 56 minutes 33
seconds West. perpendicular to said North line a distance of94.18 feet to the North line of real estate recorded as Instrument
Number 2007043398 in the Office of the Recorder of Hamilton County, Indiana, said point also being the southerly right of
way line of 146th Strect and the POINT OF BEGINNING of this description; thence Soulh 00 degrees 00 minutes 00
seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being North 90
degrees 00 minutes 00 seconds West 544.50 feet from said point; thence southerly along said curve 41.41 feet to the point of
tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of
said curve; thence South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave
easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point;
thence southerly along said curve 34.64 feet to the point of tangency of said curve, said point being North 90 degrees 00
minutes 00 seconds West 455.50 feet from the radius point ofsaid curve; thence South 00 degrees 00 minutes 00 seconds
East 88.34 feet to the point of curvature ofa curve concave easterly, the radius point of said curve being South 90 degrees 00
minutes 00 seconds East 455.50 feet from said point; thence southerly along said curve 24.51 feet to the point of tangency of
said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point ofsaid curve;
thence South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point or curvature of a curve concave westerly, the
radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; thence southerly
along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds
East 544.50 feet from the radius point of said curve; thence South 00 degrees 00 minutes 00 seconds East 13.14 feet; thence
Soulh ~5 degrees 00 minutes 00 seconds West 28.99 feet; thence South 00 degrees 00 minutes 00 seconds East 864 .86 feet
to the point ofcurvature ofa curve conCQve easterly, the radius point ofsaid curve being South 90 degrees 00 minutes 00 .
seconds East 289.00 feet from said point; thence southerly along said curve 16.57 feet to the point oftangency of said curve,
said point being South 86 degrees 42 minutes 56 seconds West 289.00 feet from the radius point of said curve, said point
also being the point of curvature of a curve concave northeasterly, the radius point of said curve being North 86 degrees 42
minutes 56 seconds East 144.00 feet from said point; thence southeasterly along said curve 125.16 feet to the point of
tangency of said curve, said point being South 36 degrees 54 minutes 54 seconds West 144.00 feet from the radius point of
said curve; thence South 53 degrees 05 minutes 05 seconds East 54.83 feet to the point of curvature of a curve concave
northerly, the radius point of said curve being North 36 degrees 54 minutes 55 seconds East 75.00 feet from said point;
thence easterly along. said curve 57.06 feet to the point of tangency of said curve, said point being South 06 degrees 40
minutes 44 seconds East 75.00 feet from the radius point ofsaid curve; thence South 00 degrees 00 minutes 00 seconds East
144.84 feet to a point on a curve concave southerly, the mdius point of said curve being South 09 degrees 29 minutes 25
seconds East 1,432.00 feet from said point; thence westerly along said curve 70.13 feet to the point of tangency of said
curve. said point being North 12 degrees 17 minutes 47 seconds West 1,432.00 feet from the I1Idius point ofsaid curve, said
point also being the point ofcurvature of a curve concave southeasterly, the radius point ofsaid curve being South 12
degrees 17 minutes 47 seconds East 110.00 feet from said point; thence southwesterly along said curve 144.17 feet to the
point of tangency of said curve, said point being North 87 degrees 23 minutes 28 seconds West 110.00 feet from the I1Idius
~~H[{1fb
Registered Land Surveyor
No. 80040348
August 12,2008
NOT!::
THIS O~A""'NC IS NOT INT£NOEO TO eE RE~RESl:NT!:O AS A R(TRACE~(NT
011 O/IIClN..... BOUNOARY SU~vt.,.. A ROU It SV~vtY 011 A SURvEYOR lOCATION REPOIIT.
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§ ! 80040348 I § ~ \ STATE OF j ff '\<:.,....,... INOI~" ••"'OCC-! ""I /flO..................~~ ....,.. ..
""" SU R'J """ ""IIU'III\'\\
DRAWN BY; TLB
STOEPPELWER1H & ASSOCIAITS, INC. CHECKED BY:
CONSULTING ENGINEERS & LAND SURVEYORS 1-1---------1SCALE: NA
7965 Eost t06lh Slreet. fishers. IN 46{i38
(3t7) 849-59J5 . F'AX: (317) 849-59~2 DATE: OB/12/2~B
JOB NO. 55t1551
PAGE
2
OF 3 SHEETS
RIGHT OF WAY EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
146TH STREET AND COMMUNITY DRIVE
RIGHT OF WAY DESCRIPTION CONTINUED:
point of said curve; thence South 02 degrees 36 minutes 32 seconds West 22.61 feet; thence South 00 degrees 00 minutes 00
seconds East 3.45 feet; thence North 90 degrees 00 minutes 00 seconds West 47.00 feet to a point on a curve concave
westerly. the radius point of said curve being North 90 degrees 00 minutes 00 seconds West 338.00 feet from said point;
thence northerIS' along said curve 28.07 feet to the point of tangency of said curve. said point being North 85 degrees 14
minutes 29 seconds East 338.00 feet from the radius point of said curve. said point also being the point of curvature of a
curve concave southwesterly, the radius point of said curve being South 85 degrees 14 minutes 29 seconds West 150.00 feet
from said point; thence northwesterly along said curve 126.52 feet to the point oftangency of said curve, said point being
North 36 degrees 54 minlltes 55 seconds East 150.00 feet from the radius point of said curve; thence North 53 degrees 05
minutes 05 seconds West 46.06 feet to the point of curvature ofa cllrve concave southerly, the radius point of said curve
being South 36 degrees 54 min lites 55 seconds West 82.00 feet from said point; thence westerly along said curve 61.47 feet
to the point of tangency ofsnid curve, said point being North 06 degrees 02 minutes 01 seconds West 82.00 feet from the
radius point of said curve; thence North 00 degrees 09 minutes 46 seconds West 144.83 feet to a point on a curve concave
northerly. the radius point of said curve being North 09 degrees 31 minutes 29 seconds West 1,425.00 feet from said point;
thence easterly along said curve 70.49 feet to the point of tangency of said curve, said point being South 12 degrees 2 I
minutes 33 seconds East 1.4:!5.00 feet from the radius point ofsaid curve, said point also being the point of curvature ofa
curve concave northwesterly, the radius point ofsaid curve being North 12 degrees 21 minutes 33 seconds West 110.00 feet
from said point; thence northeasterly along said curve 149.06 feet to the point oftangency of said curve, said point being
South 90 degrees 00 minutes 00 seconds East 110.00 feet from the radius point of said curve; thence North 00 degrees 00
minutes 00 seconds West 877.53 feet; thence North 45 degrees 00 minutes 00 seconds West 28.99 feet; thence North 00
degrees 00 minutes 00 seconds West 13.14 feet to the point of curvature ofa curve concave westerly, the radius point of said
curve being North 90 degrees 00 minutes 00 seconds West 455.50 feet from said point; thence northerly along said curve
24.51 feet to the point of tangency ofsaid curve, said point being North 86 degrees 55 minutes 01 seconds East 45550 feet
from the radius point of said curve; thence North 03 degrees 04 minutes 59 seconds West 480.79 feet to the point of .
curvature of a curve concave easterly, the radius point of said curve being North 86 degrees 55 minutes 0 I seconds East
544.50 feet from said point; thence northerly along said curve 29.30 feet to the point of tangency of said curve, said point
being North 90 degrees 00 minutes 00 seconds West 544.50 feet from the radius point of said curve; thence North 00
degrees 00 minutes 00 seconds West 88.34 feet to the point ofcurvoture ofa curve concave easterly, the radius point of said
curve being South 90 degrees 00 minutes 00 seconds East 544.50 feet from said point; thence northerly along said curve
41.41 feet to the point of tangency ofsaid curve, said point being North 85 degrees 38 minutes 33 seconds West 544.50 feet
from the radius point of said curve; thence North 04 degrees 21 minutes 27 seconds East 242.38 feet to the point of
curvature ofa curve concave westerly, the radius point of said curve being North 85 degrees 38 minutes 33 seconds West
455.50 feet from said point; thence northerly along said curve 34.64 feet to the point of tangency of said curve, said point
being South 90 degrees 00 minutes 00 seconds East 455.50 feet from the radius point of said curve; thence North 00 degrees
00 minutes 00 seconds West 223.06 feet to a point on the North line of real estate described in said Instrument Number
2007043398 and the southerly right of way line of 146th Street; thence South 88 degrees 10 minutes 19 seconds East aiong
said line II distance of 89.05 feet to the place of beginning. containing 5.394 acres, more or less, subject to all legal
highways, rights-of-ways. easements, nod restrictions of record.
~~H!¥
Registered Land Surveyor
No. 80040348
August 12, 2008
NOTE: 1l<lS ORA'MNC IS NOT ,"(110(0 TO BE R(PRESENTEO AS A RETRAC(UENT
OR ORIClNA!. B()JNOARY SVAv(Y. A ROUTE SURV(Y OR A SVAv(YOR LOCA TlON REPORT.
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DRAv.N BY: TLB PACE
SCALE: NA 3STOEPPELWERTH & ASSOCIATES, INC. II----------l
CONSULllNG ENGINEERS & LAND SURID'ORS
7965 East lOOth Str~t. Fishers. IN 46038
(317) 849-5935. rAX: (317) 849-5942
CHECKED BY:
DATE: 08/12/2008
JOB NO. 5511551 OF :I SHEETS
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the pillpose ofestablishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit
"A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board ofPublic Works and Safety, hereby accepts
said Dedication and Deed, and orders that the Instnunent of Dedication and Deed described herein
be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said
described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFElY
James Brainard, Mayor
Date: _____________
Mary Ann Burke
Date: ______________
Lori Watson
Drue: _____________
ATfEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Date: __________
Instrument prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
c
JAMES BRAINARD, MAYOR
August 13, 2008
Board ofPublic Works and Safety
One Civic Square
Carmel, IN 46032
RE: The Legacy / Hopewell Parkway -Right or Way Dedication
Dear Board Members:
Mr. Timothy J. Walter, P.E., Senior Project Manager for Platinum Properties, representing East Carmel
LLC, the Owner ofthis property, has requested the Board sign the Dedication ofPublic Right of Way
documents presented for approval. These documents dedicate the right ofway for Hopewell Parkway.
Hopewell Parkway will run east from Community Drive,just south of 1461h Street. This right ofway is
being dedicated to accommodate the future approval and construction ofthe Legacy Towns and Flats by JC
Hart Company. On behalfofthe City ofCarmel, I would like to thank Mr. Walter, Platinum Properties and
East Carmel LLC for this dedication.
On behalf ofthe City ofCarmel, I recommend the Board accept the right ofway dedication and sign the
dedication documents.
Sincerely,
~7/?1~
Michael T. McBride, P.E.
City Engineer
MTMlrbh
Enclosures
S:\BPW08\LEGACYHOPEWELLPKWYROWDED
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.57l.2441 FAX 317.57l.2439
EMAIL engineerinR@carmel.in.gov
RIGHT OF WAY EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
n. COR.. _ 1/4 148th S1REET
N. UNE. .... 1/4 N[. COR. NW. 1/4 ~H2J. nIH. R4E. SEC. 2l. nat. _. N. UNE. N[. 1/4, S£C. 2l. nat. IeN~·W SEC. 21 T,.III. R4( ~5'4O"W 2177....__SOO'56'j]"W _unrw
124.115'
$'LY lIGHT OfF WAY UH[
" 7YL-!5
Haw OR FORMERI..Y
EAST CARMEL. LLC
INSTR.. No. 2OO704JJ88
CURVE TABLE
CURVE IRADIUS I LENGTH ITANGENTI CHORD LCHORD BEARINGl
C-I I 127.00' I 9.66' I 4.83' I 9.66' I S8i49'lS"E I
DELTA
4'21'27"
LINE TABLE
LINE
l-I
BEARING LENGTH
se~'38'33"E 122.74
l-2 S~7'451'10"E 1~.00
L-J 585'38'33"E 19.43
l-4 5510'OO'00"E 7~1.88
l-~ 5oo'00'00"E 46.00
L-6 N90'OO'00"W 722.30
L-7 NM'O!i'24"W 61.98
L-8 S66'32'O~"W 15.18
L-9 N8~'38'33"W 122.74
L-l0 N04'21'27"E SO.OO
'!tI,," ","111'''"",If!!. C ""1GRAPHIC SCALE _., d~"" ,It,. "I .--,~ --.. v.-. ~~ ~,.}J...~.... ~-;' o :zoo 4110 Il1O I V/~ -.~\ \
:'= I No.," ~= ~ ! ~Hf{/# ~ 180040348 i ~ i \. BTAlEOF j j( IN FEI!:'!' ) RI:giatcrcd Land Surveyor " <: ". ofi-···... ... ~~ Inoh .. 400 fl \~.,~~i'0_~~No. 80040348
July 15.2008 "'",}: SU A" ,.""
1101[: I'",........",,,
'!HIS IIIlAWNG 1$ HOT INm«I£O TO 11£ II(PII[IEHTED AS A II(TRAa..,.'
DR DIII~ IIOUNOARY lU/VEY. A ROUT[ SUII\I[Y DR A IUI~ lOCATION 1I[P()Itl.
DRAWN BY: KRG/TlB PAGE
STOEPPELWERlH & ASSOCI ATESI INC.
CONSUlTING EJQ-4EERS ~ LAND SUR~S
7!16~ EOil lD61h Slreel. F1Ihers, IN 46038
CHECKED BY:
5CALE. I" • 400'
OAT[. 0~~~~2008REV: 07 15 2008
1
(317) 849-~9J5 rAX: (317) 849-5942
JOB NO. 5511~Sl Of 2 SHEETS
l:\IIIIl1l1S1~PNOMAY I\..W 1lCHI1ITAwg. RW PHlIIT, 7117I200I 10:03:31 1M. -.1:1
RIGHT OF WAY EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
A part ofthe Nortbwestmd Nortbeut Quarters ofSecl1on 23. TOWDIhip 18 North. RInge 4 Eat, Clay
TOWDIhip. Hamilton County, lDdlaoa. more plrUCUlarty described u follows:
ConlllleDcllli at tile Nortbcut Comer of the Northwest Quarter ofAid Section 23: tbcncc North 89 deareea 03
mlnutes 27 ICCODda West &Jooa the North line of I&id Quarter Section a diItancc of624.85 feet; tbcnce South 00
cJegr.s 56 mlDutes33 IeCODds West, perpendicular to aid North line a diltaDcc of94.18 feet to the North line
ofreal estate recorded u Instrument Number 2007043398 In the Office of tile Recorder of Hamilton County,
Indiana. Aid point aIao being the lOIIlbcrty right ofway Une of 146th Street and the easterly right ofwey line or
community drive; the ncxt three (3) calli being on and &Jooa Aid cuterly right of way line; I) South 00 desreea
00 mInuIeI 00 ICCOIIdI But 220.22 feet to the polDt ofcurvatun: ofa curve coocayc westerly, the radllll pomt or
laid curve being North 90 desrees 00 minutes 00 sec:onds WetJt 544.50 feet from I&id poiDt; 2) IOIItberly &Jong
Aid curve 41.41 feet to the point oftmganc:y ofI&id curve, Aid pomt being South 85 degreea 38 minutes 33
ICCODda But 544.50 feet from the radlWl point oflllid curve; 3) South 04 c1egrec121 mmulel27 aecoads West
20.03 feet to the POINT OF BEGINNING ofthe follo\V1IlB description; thence South 85 dep'ces 38 IIliDuIeI 33
ICCODda East 122.74 feet; thCllce South 57 dqrees 49 minutes 10 ICCODdI Eat 15.00 feet; thCDcc South as
degrees 38 IIIIDUIeI 33 ICCODda But 19.43 feet to the point ofcurvature ora curve OODCaVC aortt.riy, the mdius
point ofsaid curve being North O4dqrees 21 minutes 27 seconds East 127.00 feet from I&id point; thence
calIX1y &JODg said curve 9.66 feet to the point oftangency ofaid curve, said point beiDg South 00 dqreea 00
IIIiDUIeI 00 aec:onds East 127.00 feet from the radius point ofsaid curve; tbencc South 90 dqreea 00 mlDUtes 00
secoods East 751.88 reet; thence South 00 degrees 00 awwtes 00 seconds But 46.00 feet; tbcnce North 90
dqrees 00 minulel 00 aeconds WetJt 722.30 feet; thence North 88 cIegrecI 06 minulel241CCODds West 61.98
feet; thence South 66 cIegRes 32 minutes 05 IICCOIlds West 15.18 feet; thence North as degrees 38 minutes 33
seconds West 122.74 met to the euterty rigbtofway Une ofllllld Commumty Drive; thence North 04 degrees 21
minutes 27 aec:onds Eat along saki easterly right ofway line 60.00 feet to the pIacc: ofbcginning, containing
1.0 II acres. more or less, subject to all legal bighwaya, righta-of-ways. CUClDCllII, and reatrictiOOl ofrecord.
',WII5Ilu.,.ItF I'IN'4 _l4,2IIIII,1CaO
_~1S.2IIIII,n.o
NOTE,
.....-"Il'" o.utr
~HuC{~
RegJstered Land Surveyor
No. 80040348
July 15. 2008
\\\""""""""""'1 ,••, <1..... \S C. 1ft. -'" ~ V~'..'T' __. .:a ,.}J./~";:... "A 0:~ ", .••~ -~'... ", c:. f / No. '\ \
: 1 80040348 J :
\ \ STATE OF , j
\ <';';-.I1tDlAMP-/0<1:I ~ ·"l)·....-~·...G~ ,~
"""" SUR" ~\\\\,.,"'1'"1111'''''
lHIS DAAWfG IS NOT llTENO[l) TO DE IIO'IIES[NTED AS A R(lRACOCHT
011 ORIGINAl IIOUIIOAIIY SUI1IEY... ROUTE SURVEY 011 A SlRV['tOII LOCATION REPORT.
DRAWN BY: KRG/TlB PAGE
STOEPPELWERTl-I & ASSOCI ATES, INC. CHECKED BY:
altSULlING ENGINEERS ac LAND SUR\£yooS If--------ISCALE. NA
7965 [ast t06th Street. >1Sh.".. IN 46OJ6
(.117) 849-5935 rAX: (.1171 849-5942
DATE. 06/24/2008
REV: 07/15/2008
JOB NO. 5511551
2
or 2 SHEETS
S:I!IIUII811dwg1HOPEWEU. PMJ<WAY R_W EXHIBIT.dwg. _ EXHIBIT (2~ 7117I200I IQ:03:.oMI NA, _.1:1
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose of establishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit
"A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW TIIEREFORE, the City, by and through its Board ofPublic Works and Safety, hereby accepts
said Dedication and Deed, and orders that the Insbument of Dedication and Deed described herein
be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said
described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Dme: ____________________________
Mary Ann Burke
Dme: ______________________________________
Lori Watson
Dme: _________________________________________
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date: _______________________________
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
c L
JAMES BRAINARD, MAYOR
August 13, 2008
Board of Public Works and Safety
One Civic Square
Canne~ IN 46032
RE: Addltiooal Graod Boulevard Right of Way DedicatioolCarmel Clay Schools
Dear Board Members:
Mr. William E. Payne, AlA, Owoer-in-Charge/Principal of FanningIHowey Associates, representing
Cannel Clay Schools, has requested the Board sign the Dedication of Public Right of Way documents
presented for approval.
Cannel Clay Schools has agreed to dedicate additional right of way for Grand Boulevard along the south
perimeter ofthe Cannel Middle School property and along the north boundary ofexisting Grand Boulevard
right ofway previously dedicated by the School Corporation. This would consist ofan approximate 11.0
foot x 880-foot segment to accommodate an asphalt path and a comer cut at Guilford Road to
accommodate the path connection and road construction associated with the Grand Boulevard road project.
On behalf of the City ofCarme~ I would like to thank Mr. Payne, Mr. Roger McMichae~ Assistant
Superintendent ofCarmel Clay Schools and Cannel Clay Schools for this Dedication ofRight of Way. I
recommend the Board accept and sign this document.
Sincerely,
10/.'2 'j/l~
Michael T. McBride, P.E.
City Engineer
MTMlrbh
Enclosures
S:\DHILL\BPW08\cARMELCLAYSCHOOLSGRANDBLVDROWDED
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
Ca rme 1 Clay S
f(
""""""'ASto RlRU ~
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
THIS INDENTURE WITNESSETH:
That Carmel-Clay Schools (Jointly and individually the "Grantor"),
the fee simple owner(s) of the following described real property ("Property") described in
attached Exhibit A, incorporated herein by this reference, which Property is located in the City
of Cannel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee
simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title, and
interest in the Property, to the City of Cannel, Indiana ("Grantee"), subject to all existing
easements and rights-of-way of record, for the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
This conveyance of real estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on the 21st day
of July ,2008.
"GRANTOR"
By:
(AU~Signature) / ~ /J I' ~ ~,fl#l/op!ftR N.JJ~ JU(J!.j
(Printed Name and Title)
NOTARY CERTIFICATION
STATE OF INDIANA )
) SS:
COUNTYOF~)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared /J0 e~ 11'1 ~tJ1 /c h ae/ ____,,_-=-S__.....;..aAQ- , who acknowledged the execution ofthe
foregoing Warranty Deed for and on behalfofsuch Grantor, and who, having been duly sworn,
stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal this 6/1 ~ day of J ~'I ' 200t
My Commission Expires: O? -0 d -11/
County ofResidence: 'tYI t1~ ~
Notary Signature
IJANA I< keNlJffl/
Notary Printed Name
This instrument was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic
Square, Cannel, Indiana 46032
Send tax bills to: One Civic Square, Cannel, IN 46032
After recording, return deed to: Douglas C. Haney, Cannel City Attorney, City Hall, One Civic
Square, Cannel, Indiana 46032
I affmn, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number from this document, unless it is required by Jaw. Douglas C.
Haney
EXHIBIT "A"
Project: Grande Boulevard Phase 1 Sheet 1 ofl
Parcel 2 Fee Simple
A part ofthe Southwest Quarter of the Southwest Quarter of Section 25, Township 18
North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land
lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked
Exhibit ''B'', described as follows: Commencing at the southwest comer of said quarter
quarter section designated point "892" on said plat, thence North 0 degrees 01 minute 13
seconds West 727.20 feet along the west line of said quarter-quarter section to the north line
of a tract of land conveyed to the City of Carmel by a Dedication and Deed recorded as
Instrument No. 200400040379 in the Office of the Recorder of Hamilton County, Indiana;
thence North 88 degrees 31 minutes 52 seconds East 1241.55 feet along the north line of said
tract of land to the point of beginning ofthis description, said point designated "226" on said
plat; thence North 46 degrees 18 minutes 30 seconds East 40.03 feet to point designated
"227" on said plat; thence North 89 degrees 50 minutes 59 seconds East 40.00 feet to the east
line of said quarter-quarter section to point ''235'' designated on said plat; thence South 0
degrees 09 minutes 01 second East 25.99 feet along said east line to the northeast corner of
the tract ofland conveyed by said Dedication and Deed; thence South 88 degrees 31 minutes
52 seconds West 69.04 feet along the north line ofsaid tract of land to the point ofbeginning
and containing 0.033 acres, more or less.
This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 31 1t day ofAugust, 2007.
EXHIBIT"A"
Project: Grande Boulevard Phase 1 Sheet 1 ofl
Parcel2A Fee Simple
A part of the Southwest Quarter ofthe Southwest Quarter of Section 25, Township 18
North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land
lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked
Exhibit "B", described as follows: Commencing at the southwest corner of said quarter
quarter section designated point "892" on said plat, thence North 0 degrees 01 minute 13
seconds West 727.20 feet along the west line of said quarter-quarter section to the north line
of a tract of land conveyed to the City of Cannel by a Dedication and Deed recorded as
Instrument No. 200400040379 in the Office of the Recorder of Hamilton County, Indiana;
thence North 88 degrees 31 minutes 52 seconds East 373.58 feet along the north line of said
tract of land to the point of beginning of this description said point designated "238" on said
plat: thence North 1 degree 23 minutes 00 seconds West 11.00 feet to point designated "237"
on said plat; thence North 88 degrees 31 minutes 52 seconds East 880.08 feet to point
designated "236" on said plat; thence South 46 degrees 18 minutes 30 second West 16.37 feet
to the north line of the tract of land conveyed by said Dedication and Deed; thence South 88
degrees 31 minutes 52 seconds West 867.97 feet along the north line of said tract ofland to
the point ofbeginning and containing 0.221 acres, more or less.
This description was prepared for the City of Cannel, Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 10th day ofJuly, 2008.
EXHIBIT -B
RIGHT-OF-WAY PARCEL PLAT
Prepored for the City of Cormel
by: AMERICAN
STRUCTUREPOINT
INC.
SHEET 1 OF' 2
o 100' 200'
! I
SCALE: 1-=200'
o o + o --------------c---------------, r---------I I
L_~
-------------------~------------------------o 0 0 o 0 0 + + +LI") 0 Porcel 2, LI")
.q-LI") " LI")
Porcel 2A
R o o +CITY OF.CAIiIIEl.
INST .20040Q()40J19 LI")
Eosl Line SW 1/4 SW 1/4
Section 25, T-18-N, R-J-E
o o + o
OWNER:
PARCEL:
COOE:
PRo.£CT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
f222:22a HATCHED AREA IS lHE APPROXIMATE TAKING
CARMEL-CLAY SCHOOLS DRAWN BY: JEM
PHASE 1 PARCEL 2 CHECKED BY: TLM
DES. NO.:
06-15 WARRANTY DEED -DEED RECOOD 178, PAGE 64 DATED DECEMBER 13, 1962GRANDE BOULEVARD
HAMILTON WARRANTY DEED -DEED RECORD 178, PAGE 65 DATED DECEMBER 13, 1962
25 WARRANTY DEED -DEED RECORD 192, PAGE 210 DATED DECEMBER 5, 1964
18 NORTH LESS SELL-OFf TO OTY OF CARMEL -INSTR. No. 2004()()()4(}379
3 EAST lIIS PlAT II!\S PllPNIED ro P\IU: DClCIMNIS Nf) NOT OEOC£D BY A mD SlIMY.
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
Forcemain Euement Description:
Part of the East Half of the Northeast Quarter ofSection 22 and part of Section 23, Townahip 18 North, Range 4
East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana descnDed morc particularly as
follows:
Commencing at the Southeast comer ofthe Secondary Pial of Cherry Creek. Estates. Section 6B as recorded in
Instrument No. 2006-34032 in Plat Cabinet 4. Slide 81 in the Office ofthe Recorder of Hamilton County,
Indiana; thence North 00 degrees 03 minutes 49 seconds West along the East line of said Cherry Creek Estates,
Section 6B a distance of 5.5 I feet to the POINT OF BEGINNING ofthis description; thence continuing North
00 degrees 03 minutes 49 seconds West along said East line 25.35 feet; thence North 52 degrees 01 minutes 34
seconds East 169.15 feet to a point on a curve concave lIOutheriy, the radius point of said curve being South 37
degrees 58 minutes 2S seconds East 432.01 feet from said point; thence easterly along said curve 287.\4 feet to
the point of tangency ofsaid curve, said point being North 00 degrees 06 minUll:s 31 seconds East 432.0 I feet
from the radius point ofsaid curve; thence North 90 degrees 00 minutes 00 seconds East 1.092.26 feet; thence
North 45 degrees 00 minutes 00 seconds East 11.72 feet; thence North 00 degrees 00 minutes 00 seconds East
229.72 feet; thence North 45 degrees 00 minutes 00 seconds East 28.28 feet; thence North 90 degrees 00 minutes
00 seconds East 1,466.57 feet; thence North 00 degrees 00 minutes 00 seconds West 26.22 feet 10 a point on a
curve concave northerly. the ridius point of sald curve being North 45 degrees 53 minutes 07 seconds East 39.00
feet from said point; thence easterly along said curve 23.18 feet to the point of tangency ofsaid curve, said point
being South II degrees 50 minutes 13 seconds West 39.00 feet from the radius ofsaid curve; thence South 00
degrees 00 minutes 00 seconds East 24.34 feet; thence South 45 degrees 00 minutes'oO seconds West 15.36 feet;
thence South 90 degrees 00 minutes 00 seconds West 1.467.43 feet; thence South 45 degrees 00 minutes 00
seconds West 11.72 feet; thence South 00 degrees 00 minutes 00 seconda East 229.72 feet; thence South 45
degrees 00 minutes 00 seconds West 28.28 feet; thence South 90 degrees 00 minutes 00 seconds West 1,IOO.s6
feet to a point on a curve concave lOutherly, the radius point of said curve being South 00 degrees 06 minutes 40
seconds West 412.01 feet from said point; thence westerly along said curve 273.86 feet to the point oftangency
of said curve, said point being North 37 degrees 58 minutes 26 seconds West 412.01 feet from the radius point
ofsaid curve; thence South 52 degrees 01 minutes 34 seconds West 184.72 feet to the place of beginning,
containing 1.525 acres, more or less.
Together with:
Temporary Consttuction Easement
Six (6) feet either side of the following described centerline being part of the East Half ofthe Northeast Quarter
and Southeast Quarter of Section 22 and part ofSection 23, Township 18 North, Range 4 East of the 2nd
Principal Meridian, Clay Township, Hamilton County, Indiana described more particu1arly as follows:
Commencing at the Southeast corner of the Secondary Plat ofCherry Creek. Estates, Section 68 as recorded in
Instrument No. 2006-34032 in Plat Cabinet 4. Slide 81 in the Office of the Recorder ofHamllion County,
Indiana; thence South 00 degrees 03 minutes 49 seconds East 2.11 feet to the POINT OF BEGINNING ofthis
description; thence North 52 degrees 01 minutes 34 seconds East 189.41 feet to a point on a curve concave
southerly. the radius point of said curve being South 37 degrees 58 minutes 2S seconds East 406.01 feet from
said point; thence easterly along said curve 269.88 feet to the point of tangency ofsaid curve, said point being
North 00 degrees 06 minutes 31 ICC:Onds East 406.0 I feet from the radius point ofsaid curve; thence North 90
degrees 00 minutes 00 seconds East 1103.05 feet; thence North 45 degrees 00 minuets 00 seconds Bast 33.15
feet; thence North 00 degrees 00 minutes 00 ICC:Onds West 229.72 feet; thence North 45 degrees 00 minutes 00
acconds East 6.75 feet; thence North 90 degrees 00 minutes 00 seconds East 1464.9S feet to the terminus ofsaid
centerline. containing 0.908 acres more or less.
,,\\\\\\,."111""""~/s:\m ISS IlLepllEUibWM Eue 3 Oeoc.rtf "" ~li:J o. OL",/",
$ep!cmber 18, 2007. lib ~ ;:~~~/~~IS';'~JleoIIaecI:februoryl9,2008,db B"1 ~.\!S:::2 {Cf(1 No, \~\ ~ 900012 \ ~ Dennis D. Olmstead
Registered Lond Surveyor \. <:\ STATEOF I jNo.. 900012 ~,"'fA::"",;';;;; /O!l:-'?I, -YD '~4.C ;: NOTE: I""" SUR"€ """, THiS DRAWING is NOT INTENDED TO BE REPRESENTED AS A RETRACEt.4ENT OR 11",afUn"'\\\\\
ORIGINAL BOUNDARY SURVEY. A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT.
DRAWN BY: TLB
STOEPPELWERlH & ASSOCIATES, INC, CHECKED BY;
CONSULl1NG ENGINEERS It: lAND SURVEYORS f-I--------1SCALE: ,. = '00'
7965 [051 106lh Slree\' fishers. IN 46038
(J17l849-5935 fAX: (317) 849-5942
DATE : 09/16/2007
REV. DATE: 02/29/2006
JOB NO. 551'5S1
PAGE
3
OF 3 SHEETS
S:155115S11dwg1FM CONSTRUCTION EASE 3.dwg. EASa.lENT oesc. 2I29l2OO6 3:5e-.51 PM, !brown. 1:1
-------------------------
------------------------
-----------------
The person or persons executing this instrument on behalfofGrantors hereby represent
that they have the authority to bind Grantor, jointly and individually, to the tenns and conditions
set forth herein.
IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement
this~dayof AUC:lv,fr ___ ,2008.
East Cannel LLC, an Indiana limited
::~:3Er;;;r;
Steven R. Edwards
Vice President -Chief Financial Officer
Date: O~-Ob-O-g
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC
WORKS AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared for the City of Cormel
by. AMERICAN
STRUCTUREPOINT
INC.
SHEET 1 OF 2
o 100' 200'
! I
SCALE: '''=200'
C> C> + C> ______________~---------------, r--
I I
L_~
-------------------~------------------------C> C> C> C> C> C> + + +~ C> ~~2~ ~
.q-~ " ~
Parcel 2A
R
CITY OF. CAHII£l
C> C> +
INST '20()4()()()40J79 ~
East Line SW 1/4 SW 1/4
Section 25, T-I 8-N, R-3-E
C>
C> + C>
[ V/7///A HAT~ED AREA IS THE APPROXIMATE TAKING )
O~ER: CARMEL -CLAY SCHOOLS DRA~ BY: JEM
PARCEL: PHASE 1 PARCEL 2 CHECKED BY: TLM
CODE: DES. NO.:
PRo.ECT: 06-15
ROAD: GRANDE BOULEVARD WARRANTY DEED -DEED RECORD 178, PACE 64 DATED DECEMBER 13, 1962
COUNTY: HAMILTON WARRANTY DEED -DEED RECORD 17B, PACE 65 DATED DECEMBER 13, 1962
SECTION: 25 WARRANTY DEED -DEED RECORD 192, PACE 210 DATED DECEMBER 5, 1964
TO~SHIP:
RANGE:
18 NORTH
3 EAST
LESS SELL-OFF TO CITY Of' CARMEL -INSTR. No. 2()()4()()()40J79
DIS PlAT WAS PllEPAII£D FROM P\8.J: DOaIIEN1S NlJ f«)T O£CICED BY AFtl.D UMY. "
EXHIBIT -BSHEET 2 or 2
RIGHT-OF-WAY PARCEL PLAT
Prepared for the Cit y of Carmel
by. AMERICAN
STRUCTUREPOINT
INC.
POINT REFERENCE CHART (Feet)
POINT
112
113
892
1000
1001
226
227
235
236
237
238
NORTH
10595.3536
11595.3502
11131.7112
11159.3740
11159.4789
11143.0267
11120.4677
11109.4709
EAST STATION
SEE LOCATION CONTROL ROUTE SURVEY PLAT
11615.6885 0+00
11613.0660 10+00
11544.9348 54+73.00
11574.2092 55+02.62
11614.2091 +'-(5+64.13)
11557.0978 54+58.12
10677.3111 46+05.01
10677.5766 46+05.01
OFFSET
0.00
0.00
1t(38.07 LT)
65.00 LT
0.00
49.08 LT
48.15 LT
37.15 LT
UNE
S-2-A
S-2-A
A
A
S-2-A
A
A
A
Stotions ond Offsets ore to Control
Over North and Eost Coordnates
To the besl of
Route Survey-r
of Hamilton Cou
a Route ~
("Rule 12j.
my kno
ecorded
nty, Ind
execute
os
wled
iana
d in
SUR\f:YQR'S STATEMENT
Instrument No. 2OO70J0584 in the Ofrlce of the Recorder
a port hereof by reference, comprise
1-12
ge and belief, this plot, together with the "Locotion Control
, incorporated and mode
accordance with Indiana Administrative Code 865 lAC
8.31.2007
Tracy L. WcCiH . Revised 7.10.2008
Registered Land Surveyor No. LS20500009
State af Ind'lOna
( >
O~ER: CARMEL-CLAY SCHOOLS DRAWN BY: JEM
PARCEL: PHASE 1 PARCEL 2 CHECKED BY: Tl.M
CODE: DES. NO.:
PRO,[CT: 06-15
ROAD: GRANDE BOULEVARD
COUNTY: HAMILTON
SECTION: 25
TO~SHIP: 18 NORTH
RANGE: 3 EAST
______________________ __
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed ofcertain real property ("Property'') to the City for the purpose ofestablishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and orders that the Instrument of Dedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Da~:
Mary Ann Burke
Drue: __________________________
Lori Watson
D~e: __~--------------------
ATTEST:
Diana L. Cordray. lAMC. Clerk-Treasurer
Date: _____________________
Instrument prepared by: Douglas C Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE CAR.11EL, INDL\NA 46032 317/571-2400
APP"'''V~D, AS TO
FORM SY: :!ltl
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel. LLC an
Indiana limited liability company, as the fee owner ofcertain real estate, (hereinafter collectively
referred to as "Grantor"), for and in consideration ofOne Dollar (Sl.OO) and other good and
valuable consideration in hand paid, the receipt and sufficiency ofwhich is hereby acknowledged
and confessed, does hereby GRANT, BARGAIN,SELL, AND CONVEY UNTO the City of
Cannel, Indiana, an Indiana municipal corporation, its successors and pennitted assigns
(hereinafter referred to as "GRANTEE"), a non-exclusive and perpetual easement upon, over,
under and across the real estate located in Hamilton County, Indiana, and described in the
Forcemain Easement Exhibit attached hereto and hereby made a part hereof, for the purpose of
laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing sanitary sewer forcemain lines and equipment appurtenant thereto. Such forcemain and
appurtenant equipment shall be placed underground only, except for such appurtenant equipment
that is customarily located at or above ground level in connection with a sanitary sewer
forcemain, such as air release valves.
Grantee shall have the right ofingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantor, its successors and
assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, a reasonable area of additional space, where available and necessary, that is
adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance ofGrantee's facilities located in, under, upon, over and/or across the easement
area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the
easement hereby granted. Grantee also shall have the right from time to time to remove all trees,
undergrowth, structures and/or other obstructions above, within, under, or immediately
surrounding the easement area which may injure, endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all
rights with respect to the easement area not inconsistent with the rights granted to Grantee
herein. Grantor's rights also include, without limitation, the right to install, construct and
maintain fences, landscaping and driveways in and over the easement area. Grantor's rights also
include, without limitation, the right to grant easements in and to the easement area to providers
of other utility services, provided, that the presence of such other utility lines, pipes and
equipment shall not interfere with Grantee's forcemain or appurtenant equipment or Grantee's
rights hereunder in any material fashion. Grantor shall notify Grantee in writing of any other
utility service lines, piping or equipment proposed to be installed in the easement area.
Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its
successors or· assigns, shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface of or over the easement area or perform any act
which would materially impair or interfere with Grantee's use and enjoyment of the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions
effected by it) the erecting or maintaining in the easement area of any earthen mound or series or
system of earthen mounds.
If the surface of the easement area and/or any nearby property of the Grantor, including,
without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by
Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal,
replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost
and expense, shall repair and restore such pennitted improvements and the surface of the
easement area and/or other property of the Grantor to substantially the same condition which
existed immediately prior to any such disturbance, except to the extent that Grantee was
exercising its right to remove items which are materially interfering with or would materially
interfere with the rights granted herein. Any work performed or caused to be performed upon,
under and/or over or within the easement area at any time and from time to time shall be done at
such a time and in such a manner as will cause a minimum of interference with the business
being conducted by Grantor (or its successors and assigns) upon its land surrounding and
adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from
perfonning any of its work during normal and customary daylight business hours.
Grantee may not assign, grant or convey the right to use the easement area to any other
person or entity or for any utility service other than Grantee's forcemain service without
Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and
absolute discretion.
Grantee agrees to defend, indenmify and hold Grantor harmless from and against any and
all claims, liabilities, damages, liens, judgments, suits, costs, expenses and fees, including,
without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out ofor
in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work
performed at or on the easement area and/or any adjoining property owned by Grantor, by
Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising
out of or in connection with any entry onto the easement area or any adjoining area by Grantee,
its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or
imposed on the easement area or Grantor's adjoining property by any person or entity claiming
by or through Grantee, its employees, contractors or agents.
Grantee shall be solely responsible for obtaining any and all permits and approvals
required in connection with the installation and maintenance ofthe forcemain and
appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances,
rules and regulations.
All notices required to be given under this Easement Agreement shall be in writing and
will be deemed given three (3) business days after posting in the United States mail, postage
.~ •... ,
prepaid, by registered or certified mail, return receipt requested, or one (l) business day after
depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if
delivered by hand, to Grantor or Grantee at the following addresses or to such other address as
either party may hereafter designate in writing for such purpose:
TO GRANTOR: TO GRANTEE:
East Carmel LLC, an Indiana limited City of Carmel, Indiana, a municipal
liability company corporation
9757 Westpoint Drive, Suite 600 One Civic Sguare
Indianapolis, IN 46256 Carmel, IN 46032
Attn: Steven R. Edwards Attn: John Duffy, Utility Director
TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long
as the rights and easements herein granted shall be used by Grantee upon the terms and
conditions specified herein, with ingress to and egress from the easement area, for the purposes
of constructing, installing, repairing, maintaining, replacing and removing the facilities of
Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements
of record.
It is agreed that this grant covers all the agreements between the parties regarding the
subject matter hereof, and that no representations or statements, verbal or written, have been
made modifying, adding to or changing the terms of this agreement.
The Grantor represents and certifies that it is the fee simple owner of the easement area
and real estate surrounding the easement area; that so long as Grantee fully performs all of its
obligations hereunder Grantor covenants the quiet possession of the easement area to the
Grantee from and against all persons or entities claiming by or through Grantor, but subject to
the terms herein; that the easement area is free of any liens or encumbrances, except the lien of
current taxes and any other liens or encumbrances or other matters that, as of the date of
execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant
and defend Grantee's rights to the easement granted hereby against all claims thereon by persons
or entities claiming by or through Grantor.
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
MATCH UNE A
Ilf:'!
1!li8
~'ft.'i-~ NOW OR FORMERlY 1/110"00'00"[ I~':I~ ~ 110l.OS' ~P.Q.I.'~' EAST CARNEl.., LLC
AI [AI[. ~~ INSTR. NO. 2007-433V8 11!l~ GRAPHIC SCALEIli1i a 10050 200 J~~~. I~I~~ !H'2'Or~'E~~ · ~"
( IN FEET ),~" ~ II I 1 inch = 100 ft. ~ /:\A 11-38'04'56"
\\\., R-432.01 ,
\. L-287.14'
:I~ ~~J>GL.I.g~ / T-14V.10' Dennis D. Olmsteod
Rlt9iste,ed Lond Surveyor
No. 90001211-~'oe" \) \\",1111111"",\\ 0 0 "" R-412.01' \\/ 11/.1 ,\\\ t!. • L~~/"6' \~ ~~....--~.~. ''1.'' I"L-273.88' \ \ / \ ~~,/~;,U)':~T-142.21' ,\ iiJil<fV... ~.... ~\~Q! No \-po ~I~
y~
to-J8'OS'09"' \ \~\ ~ \ 900912 )O~
STATEOF'l ~
~:;:::: ~/, Ir:1 ~ \
1.10\0,'" \<..,,,.......~/ ~l
I I, ~b _ ...:"';'4,0 $
"""11 SUR~v,\\\",,,,II~ "''''Inl''''\\~NTtRUNE II /:l 11[:-)12 1tlAPORIJIY /~20' fORC( .....N
CONSTRUCTION EJO.S[W£NT
EASDIEHT NOW OR FORMERI..YkI EAST CARMEL. LLC~rtlIICEJ,lA1H INSTR. NO. 2007-433985,llf) CENTER!JIj[' I [ASOIENT
12' TE\U'OIWIY
C£1HSTRUCTlOH N'"'00''''''''
[ASOIt:HT I I '"" uu ..~ ~. N4.5'OO'OO-E ~28'11.72' S45'OO'OO-W
NOO'OO'OO-W 229.72' 11.7IIkl
S45'OO,J ./ /~9tliZ~/. ' I~ 28.28 -""'iiOOw'OO"W ii9.72·
H4,'OO'OO'E H4''OO'OO"[ ~ :~ r "
/1 /
»'2" 5.75'
C(NTEAlJN[ , .J
12' TEMPORARY I~ COHSTRUClIONIIr11/EASE ...[NT Il'.IJ I .
MATCH UNEI t1 A MATCH UNE II [:jI B
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT.
DRAWN BY: TLB
STOEPPELWERlH & ASSOCIAlIS, INC. CHECK EO BY:
~~~~~~~~~~~~-~I~~~~~~~
CONSULTING ENGINEERS & LAND SURVEYORS
7955 Eosl 1051h Slreel. rlshen, IN 46038
(317) 849-5935 FAJ( : (317) 849-5942
SCALE: I" E 100'
DATE: 09/16/2007
REV. DATE: 02(29(2006
JOB NO. 55115S1
PAGE
1
Of J SHEETS
6~115S11dvwgIFM CONSTRUCTION EASE 3-""'11, EASEMe/T PAGE 1. 2J2III2OOlI3:oI7:42 PM,!brown. 1:1
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
"'ATCH UNE I rIB
II '1V/II(J
rt FORc£W"'NIPh1r:' EAS[W£NT .I~
&' ~ :I~
I C£N'I[RUNE,r
(I , 2' 'l[WPORARY
CONSTRUe 1IOH
[AS(W£NT I~,
CEN ltRUHE" 1I%'1 12' T£WPORARY ,V)
CONSTRUCTION ....J
EASOI(N T
r)
~J8
Ngcroo'OO"[ I~Ij
' g"6'.9~' , ":3
~,.r ~
GRAPHIC SCALE,,~Ji a 50 100 200I . ~
"i ~ !
I~
( IN FEET)
inch :: 100 ft.
'IA
I vJI~ ~~12fJ2.\9
Dennis D, Olmstead
Registered Lond Surveyor ,,,,\\\\,,'111111/,,,,,
lit) No, 900012 ~:"""", e... O. Ot. ~ ,..S:t..~ ........-.. 'Io7.n ""
~~, /;.I>J5TER;::"v->., " {ilf/~" _ .",,-o ....r~'-.:.111<1 ~O! No \i"~ ~ \ 900012 \0 ~I~ ; '. J sSTATeOF-:;.("~.... A~••,'" /p. ::t.4ATCH UNE 111 ':1 C ~,""'A:"::"UIAIV·..'" o-:c..-~ "1· yo .-....-... -:,......t' ...~ '1", suR'J'(:.. ~\,,~I"",IIIu"""""
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEIAENT OR
ORIGINAL BOUNDARY SURVEY. A ROUTE SURVEY, OR A SURVEYOR LOCA nON REPORT,
DRAv.N BY: TlB
STOEPPELWERTH & ASSOCIATES, INC. CHECKED BY:
CONSUL1JNG ENGINEERS c!c lAND SUR'r{YORS \1--------..,SCALE: I" ~ 100'
7965 Eosl l06lh Sirtel. fishers. IN ~60J8
(m) 8~9-59J5 fAX: (317) 8.9-59~2
DATE: 09/18/2007
REV, DATE: 02/29/2008
JOB NO, 5~115S1
PAGE
2
or .:l SHEETS
9;~115SI\dwg\FM CONSTRUCTION EASE 3,ct.og. EASEMEI'fl' PAGE 2. 212912008 3:48:53 PIo\.Ibrown, 1:1
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
Forcero.a.in Easement Description:
Part of the East Halfofthe Northeast Quarter of Section 22 and part of Section 23, Township 18 North, Range 4
East of the 2nd Principal Meridian, Clay Townshlp, Hamilton County, Indiana descnbed more particularly as
follows:
Commencing at the Southeast comer of the Secondary Plat of Cbeny Cleek. Estates, Section 6B as recorded in
Instrument No. 2006-34032 in Plat Cabinet 4, Slide 81 in the Office of the Recorder of Hamilton County,
Indiana; thence North 00 degrees 03 minutes 49 seconds West &long the East line of said Cherry Creek Estates,
Section 6B a distance of 5.5 I feet to the POINT OF BEGINNING ofthis description; thence continuing North
00 degrees 03 minutes 49 seconds West along said East line 2S.35 feet; thence North 52 degrees 01 minutes 34
seconds East 169.15 feet to a point on a curve concave southerly, the radius point ofsaid curve being South 37
degrees 58 minutes 2S seconds East 432.0 I feet from said point; thence easterly along said curve 287.14 feet 10
the point of tangency ofaaid curve, said point being North 00 degrees 06 minutes 311CCODd& East 432.01 feet
from the radius point of said curVe; thence North 90 degrees 00 minutes 00 seconds East 1,092.26 feet; thence
North 45 degrees 00 minutes 00 seconds·East 11.72 feet; thence North 00 degrees 00 minutes 00 seconds East
229.72 feet; thence North 45 degrees 00 minutes 00 seconds East 28.28 feet; thence North 90 degrees 00 minutes
00 seconds East 1,466.57 feet; thence North 00 degrees 00 minutes 00 seconds West 26.22 feet 10 a point on a
curve concave northerly, the radius point ofsaid curve being North 45 degrees 53 minutes 07 seconds East 39.00
feet from said point; thence easterly along said curve 23.18 feet to the point of tangency of said curve, said point
being South 11 degrees 50 minutes 13 seconds West 39.00 feet from the radius ofsaid curve; thence South 00
degrees 00 minutes 00 seconds East 24.34 feet; thence South 45 degrees 00 minutes'00 seconds West 15.36 feet;
thence South 90 degrees 00 minutes 00 seconds West 1,467.43 feet; thence South 45 degrees 00 minutes 00
seconds West 11.72 feet; thence South 00 degrees 00 minutes 00 seconds East 229.72 feet; thence South 45
degrees 00 minutes 00 seconds West 28.28 feet; thence South 90 degrees 00 minutes 00 seconds West 1,100.56
feet to a point on a curve concave southerly, the radius point of said curve being South 00 degrees 06 minutes 40
seconds West 412.01 feet from said point; thence westerly along said curve 273.86 feet to the point oftangency
ofsaid curve, said point being North 37 degrees 58 minutes 26 seconds West412.01 feet from the radiua point
ofsaid curve; thence South 52 degrees 01 minutes 34 seconds West 184.72 feet to the place of beginning,
containing 1.S2S acres, more or less.
Together with:
Temporary Construction Easement:
Six (6) feet either aide of the following described centerline being part ofthe East Half of the Northeast Qtwter
and Southeast Quarter of Section 22 and part ofSection 23, Township 18 North, Range 4 East ofthe 2nd
Principal Meridian, Clay Towmhip, Hamilton County, Indiana described more particularly as follows:
Commencing at the Southeast comer of the Secondary Plat ofCherry Creek Estates, Section 68 as recorded in
Instrument No. 2006-34032 in Plat Cabinet 4, Slide 81 in the Office ofthe Recorder ofHamiltoo County,
Indiana; thence South 00 degrees 03 minutes 49 seconds East 2.11 feet to the POINT OF BEGINNING oftbis
description; thence North 52 degrees 01 minutes 34 seconds East 189.41 feet to a point on a curve CODCIve .
southerly, the radius point of said curve being South 37 degrees 58 minutes 25 seconds East 406.01 feet from
said point; thence easterly along said curve 269.88 feet to the point of tangency ofsaid curve, said point being
North 00 degrees 06 minutes 31 seconds East 406.01 feet from the radius point of said curve; thence North 90
degrees 00 minutes 00 seconds East 1103.05 feet; thence North 45 degrees 00 minuets 00 seconds East 33.25
feet; thence North 00 degrees 00 minutes 00 seconds West 229.72 feet; thence North 45 degrees 00 minutes 00
seconds East 6.75 feet; thence North 90 degrees 00 minutes 00 seconds East 1464.95 feet to the terminus ofsaid
centerline, containing 0.908 acres more or less.
,\\\,,,IIIU,,,,,,,
S:\551I5SIILepJ\EUibitIFM Eue 3Desc.rtf
SepIauber 18, 2007, db
JlevllOd: Februory 29, 2008, lib ~}J)fU.\E:2
Dennis D. Olmsteod
Registered Lond Surveyor
No .. 900012
""" O. OL~~/III,~".£:I-S~•....:"'~./""/$,/~~\~%~CI No. )o~
= ! 900012. = l \ STATEOF I §
\<:'.. ~J~l "",'11-b'-~-{O,~
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEt.4ENT OR "'11" SUR"I/€",""
1/11'111111"""\
ORIGINAL BOUNDARY SURVEY. A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT.
STOEPPELWERTH & ASSOCIATES, INC.
CONSULliNG ENGINEERS a: lAND SUR'v£YORS
7965 [ost IOOth Slreel. fishers, IN 46038
(3\1) 849-5935 fAX: (JI7) 849-5942
DRAWN BY: TLB PAGE
3
Of 3 SHEETS
CHECKED BY:
1-1----------iSCALE: ," = 100'
DATE: 09/16/2007
REV. DATE: 02/29/2006
JOB NO. 55115S1
8:1551158lldwg1FM CONSTRUCTION EASE 3.dwg, EASEMENT DESC. 2I2io'2OO8 3:~.61 Pfo(, Ibr""".1: 1
---------------
--------------------
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantor, jointly and individually, to the terms and conditions
set forth herein.
IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement
this~dayof AU&vJJ ___,2008.
East Carmel LLC, an Indiana limited CITY OF CARMEL, INDIANA
liability company, by Platinum Properties, LLC BY ITS BOARD OF PUBLIC
WORKS AND SAFETY it'S3:~
Steven R. Edwards James Brainard, Presiding Officer
Vice President -Chief Financial Officer
Date: ______________
Date: O~-Ob-OZ?
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
--------------
STATE OF INDIANA )
) SS:
COUNTY OF _____ )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2008.
NOTARY PUBLIC
My Commission Expires: Printed N arne
My County of Residence: ______
Date:
i amnn, under the penalties for perjury, that i have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
inslTUment prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Cannel, Indiana 46032.
~
APPROVED, AS TO
FORM BY:_#~_
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel. LLC an
Indiana limited liability company, as the fee owner of certain real estate, (hereinafter collectively
referred to as "Grantor"), for and in consideration ofOne Dollar ($1.00) and other good and
valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged
and confessed, does hereby GRANT, BARGAIN, SELL, AND CONVEY UNTO the City of
Cannel, Indiana, an Indiana municipal corporation, its successors and permitted assigns
(hereinafter referred to as "GRANTEE"), a non-exclusive and perpetual easement upon, over,
under and across the real estate located in Hamilton County, Indiana, and described in the
Sanitary Sewer Easement Exhibit attached hereto and hereby made a part hereof, for the purpose
of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing sanitary sewer lines and lift station and equipment appurtenant thereto. Such sewer line
and lift station and appurtenant equipment shall be placed underground only, except for such
appurtenant equipment that is customarily located at or above ground level in connection with a
sanitary sewer line and lift station, such as manhole covers and electrical panels.
Grantee shall have the right ofingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantor, its successors and
assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, a reasonable area of additional space, where available and necessary, that is
adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance ofGrantee's facilities located in, under, upon, over and/or across the easement
area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the
easement hereby granted. Grantee also shall have the right from time to time to remove all trees,
undergrowth, structures and/or other obstructions above, within, under, or immediately
surrounding the easement area which may injure, endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all
rights with respect to the easement area not inconsistent with the rights granted to Grantee
herein. Grantor's rights also include, without limitation, the right to install, construct and
maintain fences, landscaping and driveways in and over the easement area. Grantor's rights also
... .... .
include, without limitation, the right to grant easements in and to the easement area to providers
of other utility services, provided, that the presence of such other utility lines, pipes and
equipment shall not interfere with Grantee's sewer line and lift station or appurtenant equipment
or Grantee's rights hereunder in any material fashion. Grantor shall notify Grantee in writing of
any other utility service lines, piping or equipment proposed to be installed in the easement area.
Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its
successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface ofor over the easement area or perform any act
which would materially impair or interfere with Grantee's use and enjoyment of the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions
effected by it) the erecting or maintaining in the easement area of any earthen mound or series or
system of earthen mounds.
If the surface of the easement area and/or any nearby property of the Grantor, including,
without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by
Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal,
replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost
and expense, shall repair and restore such pennitted improvements and the surface of the
easement area and/or other property of the Grantor to substantially the same condition which
existed immediately prior to any such disturbance, except to the extent that Grantee was
exercising its right to remove items which are materially interfering with or would materially
interfere with the rights granted herein. Any work performed or caused to be performed upon,
under and/or over or within the easement area at any time and from time to time shall be done at
such a time and in such a manner as will cause a minimum of interference with the business
~. ", .
being conducted by Grantor (or its successors and assigns) upon its land surrounding and
adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from
perfonning any of its work during normal and customary daylight business hours.
Grantee may not assign, grant or convey the right to use the easement area to any other
person or entity or for any utility service other than Grantee's sanitary sewer service without
Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and
absolute discretion.
Grantee agrees to defend, indenmify and hold Grantor harmless from and against any and
all claims, liabilities, damages, liens, judgments, suits, costs, expenses and fees, including,
without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out ofor
in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work
performed at or on the easement area and/or any adjoining property owned by Grantor, by
Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising
out of or in connection with any entry onto the easement area or any adjoining area by Grantee,
its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or
imposed on the easement area or Grantor's adjoining property by any person or entity claiming
by or through Grantee, its employees, contractors or agents.
Grantee shall be solely responsible for obtaining any and all permits and approvals
required in connection with the installation and maintenance ofthe sanitary sewer line and
appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances,
rules and regulations.
All notices required to be given under this Easement Agreement shall be in writing and
will be deemed given three (3) business days after posting in the United States mail, postage
prepaid, by registered or certified mail, return receipt requested, or one (1) business day after
depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if
delivered by hand, to Grantor or Grantee at the following addresses or to such other address as
either party may hereafter designate in writing for such purpose:
TO GRANTOR: TO GRANTEE:
East Carmel LLC, an Indiana limited
liability company
City of Carmel, Indiana, a municipal
corporation
9757 Westpoint Drive, Suite 600 One Civic Sguare
Indianapolis, IN 46256 Carmel, IN 46032
Attn: Steven R. Edwards Attn: John Duffy, Utility Director
TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long
as the rights and easements herein granted shall be used by Grantee upon the terms and
conditions specified herein, with ingress to and egress from the easement area, for the purposes
of constructing, installing, repairing, maintaining, replacing and removing the facilities of
Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements
of record.
It is agreed that this grant covers all the agreements between the parties regarding the
subject matter hereof, and that no representations or statements, verbal or written, have been
made modifying, adding to or changing the terms of this agreement.
The Grantor represents and certifies that it is the fee simple owner of the easement area
and real estate surrounding the easement area; that so long as Grantee fully performs all of its
obligations hereunder Grantor covenants the quiet possession of the easement area to the
Grantee from and against all persons or entities claiming by or through Grantor, but subject to
" "." .
the terms herein; that the easement area is free of any liens or encumbrances, except the lien of
current taxes and any other liens or encumbrances or other matters that, as of the date of
execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant
and defend Grantee's rights to the easement granted hereby against all claims thereon by persons
or entities claiming by or through Grantor.
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
SANITARY EASEMENT NUMBER ONE
A part oftile Northwest Quarter of Section 23, Township 18 North, Range 4 East, C14y Township, Hamilton County,lndiana,
more particularly described IS follows:
Commencing at the Northeast Comer ofthe Northwest Quarter ofsaid Section 23; thence North 89 degrees 03 minutes Tlscconds
West along the North line of said Quarter Sectlon a distance of624.8S feet; thence South 00 degrees 56 minutes 33 seconds West
perpendicular to sald North line a distance of 94.18 feet to the intersection of the southerly right-of-way line of I46th Street and the
easterly right-of-way line ofCommunity Drive; thence along the easterly right-of-way line ofCommunity Drive by the next ten
(10) courses; 1) South 00 degrees 00 mioutes 00 seconds East 220.22 feet to the point ofcurvature ora curve coocave w..sterly, the
llIdius point ofsaid curve being South 90 degrees 00 minutes 00 secoods west S44.50 feet from said point; 2) soUlherly along said
curve 41.41 feet to the point oftangency ofsaid curve, said polnl being South 8S degrees 38 minutes 33 seconds East 544.50 feet
from the radius point ofsaid curve; 3) South 04 degrees 21 minutes Tl seconds West 242.38 feet to the polnl ofcurvature of a
curve concave easterly, the radius point ofsaid curve being South 8S degrees 38 mloutes 33 seconds East 4SS.50 fee( from said
point; 4) southerly along said curve 34.64 feet to the point oftangency ofsaid curve, said point being South 90 degrees 00 minutes
00 scconds West 4SS.50 feet from the radius point ofsaid curve; S) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the
point of curvature ofI curve concave easterly, the radius point ofsaid curve being South 90 degrees 00 minutes 00 seconds East
4SS.50 feet from sald point; 6) southerly along said curve 24.S1 feet to the point oftangency ofsa1d curve, said point being South
86 degrees SS minutes 01 seconds West 4SS.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes S9 seconds
East 480.79 feet to the point ofcurvature ofI curve concave westerly, the llIdius point ofsaid curve being South 86 degrees SS
minutes 01 seconds west S44.50 feet from said polot; 8) southerly along said curve 29.30 feet to the point oftangeocy of said
curve, sald point being South 90 degrees 00 minutes 00 seconds East S44.50 feet from the radius point ofsald curve; 9) South 00
degrees 00 minutes 00 seconds East 13.14 feet; 10) South 4S degrees 00 minutes 00 seconds West 13.44 feet to the POINT OF
BEGfNNrNG of this description; thence North 90 degrees 00 minutes 00 seconds East 72.73 feet; thence South 00 degrees 00 .
minutes 00 seconds East 30.00 feet; thence South 90 degrees 00 minutes 00 scconds West 83.73 feet to the easterly right-of-way ·
line of Community Drive; thence aloog the easterly right-of-way line ofCommunity Drive by the next two (2) c:ourses; 1) North 00
degrees 00 minutes 00 seconds East 19.00 feet; 2) North 4S degrees 00 minutes 00 seconds East IS.S6 feet to the place of
beginning, containing 0.056 acres, more or less.
S"'SII5SI~AAY!SNT l.rtf
P~2S.lOOI lie
\\\\,,,1111,,,,, ."",,~~\S c. ::"'" ~ ~~ ._"-'7v. " f 0)......~'::... ~.A~
:: I qY. -.:o~. ~g / No. '\~~H!~ ~ 80040348 ERegistered Land Surveyor '\ ~. STATEOF . iNo. 80040343 \<t .......~DlA~ /~!
February 26, 2008 """D -""_'/..J..0 ~ """, SUR'J~ """. 11'''11111''''''\\\
NOlE:
TIts DRA'RINC IS NOT INTtNO£D TO II[ RD'R£SENTEO AS " RElRACOI!NT
OR ORICIN"'-BOUNDARY SURVEY. A ROUTE SURVEY OR A SUR~ LOCATlClN REPORT.
DRAWN BY: RJC
CHECKED BY:
SCALE: I" c 300'
DATE: 02/26/2008
JOB NO. 5511551
PAGE
STOEPPELWERTH & ASSOCIATES, INC.
--------------------------rl------------~CONSULllNG ENGINEERS &: LAND SURVEYORS
7965 East l06th Street. FIshers. IN 46038
1
(317) 849"5935 FAX: (317) 1149"5942
or 8 SHEETS
L...lf5l~1tIf(~~PWlll.~1H42"",.....
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
THE LEGACY -COMMUNITY DRIVE
SANITARY EASEMENT NUMBER TWO
A part ofthe Northwesl Quarter ofSection 23, Township 18 North, Range 4 East, Clay Township, Hamilton ColUlty, Indiana,
more particularly described as follows:
Commencing at the Northeast Comer ofthe Northwest Quarter ofsald Section 23: thence North 89 degrees 03 minutes 27 seconds
West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West
perpendicular to said North line a distance of 94.18 feet to the intersection of the southerly right-of-way line ofl46th Street and the
easterly right-of-way line of Community Drive: thence along the easterly right-of-way line ofCommunity Drive by the next ten
(10) courses: I) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point orcurvature ofacurve concave westerly, the
radius point ofsaid curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along said
curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East S44.SO feet
from the radius point ofsald curve; 3) South 04 degrees 21 minutes 27 seconda West 242.38 feet to the point of curvature ora
curve concave easterly, the radius point ofsaid curve being South 85 degrees 38 minutes 33 aeconds East 455.50 feet from said
point; 4) southerly along sald curve 34.64 feet to the point oftangency ofsaid curve, said point baing South 90 degrees 00 minutes
00 seconds West 455.50 feet from the radius point ofsaid curve; 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the
point of cUMlture of a curve concave easterly, the radius point ofsaid curve being South 90 degrees 00 minutes 00 seconds ~
455.50 feet from sald point; 6) southerly along said curve 24.51 feet to the point oftangency ofsaid curve, said point being South
86 degrees 55 minutes 0 I seconds West 455.50 feet from the radius point ofsaid curve: 7) South 03 degrees 04 minutes 59 seconds
East 480.79 feet to the point of curvature of a curve concave westerly, the radius point ofsald curve being South 86 degrees 55
minutes 01 seconds West 544.50 feet from said point; 8) southerly along sald curve 29.30 feet to the point of tangency ofsald
curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point orsaid curve: 9) South 00
degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44 feet; thence SoUth 90 .
degrees 00 minutes 00 seconds West 70.00 fect to the westerly right-of-way line ofCommlUlity Drive and the POINT OF · .
BEGINNING ofthis description; thence along the westerly right-of-way line ofCommunity Drive by the next two (2) courses; i)
South 45 degrees 00 minutes 00 seconds East 15.56 feet; 2) South 00 degrees 00 mlnule$ 00 seconds East 19.00 feet; thence South
90 degrees 00 minutes 00 seconds West 634.31 feet; thence South 00 degrees 00 minutes 00 seconds East 671.40 feet; tbence
North 90 degrees 00 minutes 00 seconds East 299.69 1M; thence North 00 degrees 00 minutes 00 seconds East ~8.54 feet; thence
South 90 degrees 00 minutes 00 seconds West 12.55 feet; thence North 00 degrees 00 minutes 00 seconds East 100.00 feet; thence
North 90 degrees 00 minutes 00 seconds East 100.00 feet; thence South 00 degrees 00 minutes 00 Seconds East 100.00 feet; thence
South 90 degrees 00 minutes 00 seconds West 53.45 1M; thence South 00 degrees 00 minutes 00 seconds East 18.54 fcct; thence
North 90 degrees 00 minutes 00 seconds East 300.63 feet to the westerly right-of-way line ofCommunity Drive; thence along the
westerly right-of-way line of Community Drive by the next two (2) courses; 1) South 00 degrees 00 minutes 00 seconds East
187.12 feet to the point of curvature of a curve concave westerly, the radius point of sald curve being South 90 degrees 00 minutes
00 seconds West 110.00 feet from sald point; 2) southerly along sald curve 83.21 feet to the point oftangency ofsaid curve, sald .
point being South 46 degrees 39 minutes 30 seconds East 110.00 feet from the radius point of said curve; thence North 00 degrees
00 minutes 00 seconds East 212.39 feet; thence South 90 degrees 00 minutes 00 seconds West 262.63 feet to the point ofcurvature
ofa curve concave northeasterly, the radius point ofsaid curve being North 00 degrees 00 minutes 00 seconds East 39.00 feet from
said point; thence northwesterly along said curve 41.68 feet to the point oftangency of said curve, said point being South 61
degrees 13 minutes 40 seconds West 39.00 feet from the radius point ofsald curve; tbcnce South 90 degrees 00 minutes 00 seconds
West 337.50 feet; thence North 00 degrees 00 minutes 00 seconds East 731.40 feet; thence North 90 degrees 00 minutes 00
seconds East 653.31 feet to the place of beginning. containing 1.897 acres, more or less.
\\\\\\"'" 1111"111/11/S:U'IISSI~ARYESMTl.rtf
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! I' No. \ \E 80040348) ~ :. \ : ;. _ '.\ STATEOF .r• :
\ (.. , .. '0\'","'" -"oR-! ~
'\:.71\ ..,..~:J: $"'",,,! SUR'J'(;:",""
"'UII III """"
STOEPPELWERTH & ASSOCIATIS, INC.
CONSULlING ENGINEERS & LAND SURVEYORS
7965 Eost t06th Streel. nshe.... IN 46038
(317) 849-5935 FAX: (317) 849-5942
DRAWN BY: RJC
CHECKED BY:
PAGE
I----------l 2SCALE : 1E 300'
OA1E: 02/26/2008
JOB NO. 5511551 OF 8 SHEETS
..'\Ht t ..'........,.T"'"~.HGe2,....12::I.':41 .... ~
SANITARY SEWER EASEMENT EXHIBIT
PREP ARED FOR: EAST CARMEL. LLC
THE LEGACY -COMMUNITY DRIVE
SANITARY EASEMENT NUMBER 1lIREE
A part ofthe Northwest Quarter ofSection 23, Township 18 North, Range 4 East, Clay Township, Hamilton CoUII1y, Indiana,
more particularly described as follows:
Commencing at the Northeast Comer of the Northwest Quarter ofsaid Section 23; thence North 89 degrees 03 minutes 27 seconds
West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West
perpendicular to said North line a distance of94.18 feet to the intersection oflbe southerly right-of-way line of I46th Street and the
easterly right-of-way line of Community Drive; thence along the easterly right-of-way line of Community Drive by the next
thh1een (13) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point ofct1l't'l1Ure ofa curve concave
westerly, the radius point ofsaid curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2)
southerty along said curve 4I .41 feet to the point oftangency ofsaid curve, said point being South 85 degrees 38 minutes 33
seconds East 544.50 feet from the radius point ofsaid curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the
point ofcurvature ofa curve concave easterly, the radiua point of said curve being South 8S degrees 38 minutes 33 seconds East
455.50 feet from said point; 4) sooIherly along said curve 34.64 feet to the point of tangency of said curve, said point being South
90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point ofsaid curve; 5) South 00 degrees 00 minlllcS 00 seconds
East 88.34 feet to the point ofcurvature ofa curve concave easterly, the radiU5 point of said curve being South 90 degrees 00 .
minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point oftangency of said .
curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point ofsaid curve; 7) South 03
degrees 04 minutes 59 seconds East 480.79 feet to the point ofcurvature of a curve concave westerly, the radius point ofsaid curve
being South 86 degrees 55 minutes 01 second5 West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the
point of tangency ofsaid curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of
said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44
feet; 11) South 45 degrees 00 minutes 00 seconds West 13.44 feet; 12) continuing South 45 degrees 00 minutes 00 seconds West
15.56 feet; 13) South 00 degrees 00 minutes 00 seconds East 690.40 feet to the POINT OF BEOTNNlNG oftbis description;
thence North 90 degrees 00 minutes 00 seconds East 20.00 feet; thence South 00 degrees 00 minutes 00 seconds East 30.00 feet;
thence South 90 degrees 00 minutes 00 seconds West 20.00 feet to the easterly right-of-way line of Community Drive; thence
North 00 degrees 00 minutes 00 seconds East along said easterly right-of-way line 30.00 feet to 1he place ofbeginning. containing
0.0 I 4 acres, II\OI'C or less.
S:\S'JJ'SI~AJl.Y E3MT3.rrt
,....,.11.:1001 rjo
,\,\",,1111111"~/1 ~",\,<'l,.~\S C. L"'"" ~ ~':'-:'.'"'tu " ~(j ....~,....... ~~
! (/~N ~\ \ ~H!~ i ~)~ Registered Land Surveyor ~ \ STATE OF ;. §No. 80040348 ~ <: '. " ::""'A.,,~DIA~"'_.' Og;.,:;February 26, 2008 "I: 'V() ~....,.. ~~ ~
""1111 SUR\J \\\\\"" '''''1111'''\\\
STOEPPELWERTH & ASSOCIAlES, INC.
CONSULliNG ENGINEERS & LAND SURVEYORS
7965 Ecsl l06lh Street. FIshers, IN 46038
(317) 8~9-5935 fAX: (317) 8~9-59~2
DRAWN BY: RJC PAGE
3
OF 8 SHEETS
CHECKED BY:
SCALE: ,. ~ 300'
t-I--------.,
OA TE: 02/26/2008
JOB NO. 5511551
&.....II.~~..."*2l.a"WJIIQIU:IAA,....~
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
TI-lE LEGACY -COMMUNITY DRIVE
SANITARY EASEMENT NUMBER FOUR
A part ofthe Northwest Quanec of SectIon 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana,
more particularly descn1led as follows:
Commencing at the Northeast Comer of the Northwest Quarter ofsaid Section 23; thence North 89 degrees 03 minutes 27 seconds
West along the North line of said Quuter Section a distance of624.85 feet; thence South 00 degrees 56 minutes 33 seconds West
perpendicu1ar to said North line a distance of94.18 feet to the Intersection ofthe southerly right-of-way line of l46th Street and the
easterly right-of-way line ofCommunity Drive; thence along the easterly right-of-WII)' line ofCommunity Drive by the next
nineteen (19) courses; I) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point ofcurvature ofa curve concave
westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2)
southerly along said curve 41.41 feet to the point oftangency of said curve, said point being South 85 degrees 38 minutes 33
seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 mlnutes 27 seconds West 242.38 feet to the
point of curvature of. curve concave easterly, the radius point ofsaid curve being South 85 degrees 38 minutes 33 seconds East
455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point beIng South
90 degrees 00 mlnutes 00 seconds West 455.50 feet from the radius point ofsaid curve; 5) South 00 degrees 00 minutes 00 seconds
East 88.34 feet to the point ofc~ofa curve COIICIIYe easterly, the radius point of said curve being South 90 degrees 00 .
minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.5 1 feet to the point of tangency of said
curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; 7) South 03
degrees 04 minutes 59 seconds East 480.79 feet to the point ofcurvature of acurve concave westerly, the radius point ofsaid curve
being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the
point oftangcncy ofsaid curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of
said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 !ICCOIld3 West 13.44 .
feet; 11) continuing South 45 degrees 00 minutes 00 seconds West 15.56 feet; 12) South 00 degrees 00 minutes 00 seconds East
864.86 feet to the point of curvature ofa curve concave easterly, the radius point ofsaid curve being South 90 degrees 00 minutes
00 seconds East 289.00 feet from said point; 13) southerly along sald curve 16.57 feet to the point oftangency ofsaid curve, said
point being South 86 degrees 42 minutes 56 seconds West 289.00 feet from the radius point of said ~said point also being the
point ofcurvature of. curve concave northeasterly, the radius point of said curve being North 86 degrees 42 minutes 56 seconds
East 144.00 feet from said point; 14) southeasterly along said curve 125.16 feet to the point oftangency of said curve, said point
being South 36 degrees 54 minutes 54 seconds West 144.00 feet from the radius point ofsaid curve; 15) SoUlb 53 degrees OS
minutes 05 secoods East 54.83 feet to the point of curvature ora curve concave northerly, the radius point ofsaid curve being .
North 36 degrees 54 minutes 55 seconds East 75.00 feet from said point; 16) easterly along said curve 57.06 feet to the point of
tangency ofsaid curve, said point being South 06 degrees 40 minutes 44 seconds East 75.00 feet from the radius point ofsaid
curve; 17) South 00 degrees 00 minutes 00 seconds East 151.94 feet to apoint on ,curve concave southerly, the radius point of
said curve being South 09 degrees 32 minutes 14 seconds East 1,425.00 feet from said point; 18) westerly along said curve 69.07
feet to the point of tangency of said curve, said point being North 12 degrees 18 minutes 52 seconds West 1,425.00 feet from the
radius point of Said curve, said point also being the point ofcurvalure of' curve concave southeasterly, the radius poInt ofsaid
curve being South 12degrees 18 minutes 52 seconds East II0.00 feet from said point; 19) southwesterly along said curve 84.71
feet to the point of tangency ofsaid Clll'Ve, said point being North 56 degrees 26 minutes 16 seconds West 110.00 feet from the
radius point ofsaid curve, said point also being the POINT OF BEGINNING; thence North 90 degrees 00 minutes 00 seconds East
13.69 feet; thence South 00 degrees 00 minutes 00 seconds East 30.00 feet; thence South 90 de~00 minutes 00 seconds West
27.62 feet to the easterly right-of-way Hne ofCommunity Drive and a point on a curve concave southeasterly, the radius point of
said curve being South 73 degrees 43 minutes 59 seconds East 110.00 feet from said point; thence northeasterly
along said easterly right-of-way line and curve 33.20 feet to the point oftangency of said curve, said point "1111111""",, .
being North 56 degrees 26 minutes 16 seconds West 110.00 feet from the radius point ofsaid curve to ""'\~~\S C'Ii~"'" .
the place ofbeg!nnlng, containing 0.015 acres, more or less. . ~'~~~~~~'~ .
§ ~~.-'~\ 't; S:"1Il'SI~"biMAHTTARYI!SMT4J1f /7 ....L. t!~ i I No. ~ ~ f"'"-Y 20.lOOI '1' c.:~ ;: \80040348 ;: C~s C. Huff \ \ STATE OF j
.Registt:red Land Surveyor %.<v. .... 'ItDlAIlt-/OQ:j
No. 80040348 "'" 'l-D......~-... ~, ",
February 26, 2008 I""",SUR"",,"'"IIUUItU'
DRAWN BY: RJC
CHECKED BY:
1-1--------lSCALE: I" -300'
DAIT: 02/26/2008
JOB NO. 5511551
PAGE
STOEPPELWERTH & ASSOCIATES, INC.
CONSUlTING ENGINEERS 4: lAND SURVEYORS
7965 Ealt 106th Sited. F1ah... IN 46038 4
(317) 849-5935 FAX: (317) 849-5942
OF 8 SHEETS
.....1t.~N1tT~'HJe........ ~,.........
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
SANITARY EASEMENT NUMBER FIVE
A part oftbe Northwest Quarter ofSection 23, Township \8 North, Range 4 East, Clay Township, Hamilton County, Indiana,
more particularly described 115 follows:
Commencing at the Northeast Comer of the Northwest Quarter of said Section 23; thence North 89 degrees 0) minutes 27 seconds
West along the North line ofsaid Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West
perpendicular to said North line a distance of 94.18 feet to the Intersection of the southerly right-of-way line of I46th Street and the
easterly righl-of-way line of Community Drive; thence along the easterly righl-of-way line of Community Drive by the next
nineteen (19) coums; I) South 00 degrees 00 minutes 00 JecOnds East 220.22 feet to the point of curvalllre ofa curve concave
westerly, the radius point of said curve being South 90 degrees 00 minutes 00 secoods West 544050 feet from said point; 2)
southerly along said curve 41.41 feet to the point oftangency of said curve, said point being South 85 degr=s 38 minutes 33
seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the
point ofcurvature ofa curve concave easterly. the radius poinl of said curve being South 85 degrees 38 minutes 33 seconds East
455050 feel from said point; 4) southerly along said curve 34.64 feet to the point oftangency of said curve, said point being South
90 degrees 00 minutes 00 seconds west 455.50 feel fl:om the radius point ofsaid curve; 5) South 00 degrees 00 minutes 00 seconds
East 88.34 feel to the point of curvature ofa curve concave easterly, the radius point of said curve being South 90 degrfCS 00
minutes 00 seconds East 455.50 feel from said point; 6) southerly along said curve 2405 I feet to the point oflangency of said .
curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point ofsaid curve; 7) South 03
degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature ofa curve concave westerly, the radius point ofsaid curve
being South 86 degrees 55 minutes 01 seconds West 544050 feet from said point; 8) southerly along said curve 29.30 feet to the
point oftangency ofsaid curve, said poinl being South 90 degrees 00 minutes 00 seconds East S44050 feet ftom t1!e radius point of
said curve; 9) South 00 degr=s 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44
feet; II) continuing South 45 degrees 00 minutes 00 seconds West 15.56 feet; 12) South 00 degrees 00 minutes 00 seconds East
864.86 feet to the point ofcurvaturc ora curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes
00 seconds East 289.00 feel from said point; 13) southerly along said curve 16057 feet to the polntoftangeDcy ofsaid curve, said
point being South 86 degrees 42 minutes 56 seconds West 289.00 feet from the radius point ofsaid curve, said point also being the
point of curvature ofa curve concave northeasterly, the radius point of said curve being North 86 degrees 42 minutes 56 seconds
East 144.00 feel from said point; 14) southeasterly along said curve 125.16 feet to the point oftangency of said curve, said point
being South 36 degrees S4 minutes 54 seconds West 144.00 feet from the radius point ofsaid curve; IS) South 53 degrees 05
minutes 05 seconds East 54.8) feet to the point of CUI"VlIIure ora curve concave northerly, the radius point ofJald curve being
North 36 degrees 54 minutes 55 seconds East 75.00 feet from said point; 16) easterly along said curve 57.06 feet to the point of
tangency of said curve, said point being South 06 degrees 40 minutes 44 seconds East 75.00 feet from the radius point of said
curve; 17) South 00 degrees 00 minutes 00 seconds East 151.94 feet to a point on a curve concave southerly. the radius point of
said curve being South 09 degrees 32 minutes 14 seconds East 1,425.00 feel from said point; 18) westerly along said curve 69.07
feet to the point oftangency ofsaid curve, said point being North 12 degrees 18 minutes 52 seconds West 1,425.00 feet from the
radius point of Said curve, said point also being the point of curvature of B curve concave southeasterly, the radius point ofsaid
curve being South 12 degrees 18 minutes 52 seconds East 110.00 feet from said point; 19) southwesterly along said curve 117.91
feet to the point of tangency ofsaid curve, said point being North 73 degr=s 43 minutes 59 seconds West 110.00 feet from the
radius point of said curve; thence South 90 degrees 00 minutes 00 seconds West 57.25 feet to the westerly right-of-way line of
Community Drive and the POINT OF BEGINNING ofthis description; thence continuing South 90 degrees 00 mil11lles 00 seconds
West along 29.53 feet; thence North 01 degrees 19 minutes 31 seconds East 62.19 feet to the westerly right-of-way line of
Community Drive and a point OIl a curve concave southwesterly, the radius point of said curve being
South 52 degrees 32 minutes 17 seconds West 150.00 feet from said point; thence southeasterly \,,\\,\\\\\\lU III 11111"~/1, ,
along said westerly right-of-way line and curve 68.83 feet to the point of tangency ofsald curve, __----~~~ c. Ifu:"",said poinl being North 78 degrees 49 minutes 48 seconds East 150.00 feel ftom the radIus point ~CJ-/~~-r.§ /<tV __ -.~ ~ 'of said curve 10 the place of beginning. containing 0.025 acres, more or less. ~ f' No, ~\ ;
SoU! lis.! IlLapll&JoibttISANITARY e5Mr 5.111" § \ 80040348 §
P..,.,.,. 26. 2001 * ; \ STATEOF E~~H({II# \.<" :--"'/~DtAtl" ~j_'. 1Jr" -.• _.;...-" _,0 --Registered Land Surveyor " v S -,~~-""'/ UR ~ v\\\\\"i.No. 80040348 "'''1''''''\'\\ February 26, 2008
STOEPPELWERTH &. ASSOCIATES, INC.
--------------------------~CONSULTING ENGINEERS &: LAND SUR~S
7965 Easl 106th Strut, Fish.". IN 460~
(317) 849-.5935 FAX: {.l17) 8-49-.5942
DRAWN BY: RJC PAGE
5
OF" 8 SHEETS
CHECKED BY: I------------~
SCALE: 1· -300'
DATE: 02/25/2008
JOB NO. 5511551
l .....tt..fVirlt'lANTMn~.... ~'.....,.t2;!IIHlI ....
-----
--
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
TI-iE LEGACY -COMMUNITY DRIVE
N.W. COR, N.W. 114N.E. CCR.. N.W. 1'4.j\ SEC. 23, T.IIIN.. .4E.
r
/
SEC. 23, T.IIIN.• R.4E.
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HS8't)J'27"W 2U2.SO', -..
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DETAIL: ESMT I 2
SCALE: 1-=100'
SEE DETAIL
ESt.4T I 2
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/ /_/ c?~ £11#
Curtis C. Huff
Registered Land Surveyor
No. 80040348
Febnwy 18,2008
o 1:50.lOO 100 ~ !
( IN FEET )
1 inch '" 300 fL
NOT[:
THIS DflAWNG IS NOT INTDIO£D 10 8£ REPRESENlID AS A RETRAa:WOH OR ORIGINAL ~OARY !I.JR~. A ROUT[
SEE DETAIL (
ESMT *3 \
//"
~
/ _.............
SUR~ OR A 5UR~ \ LJ /,_....
DETAIL: ESt.lT, 3
SCALE: '-.'00'
LOCAnOH RtPORT.
-;-L---:1----~
~
~.~:~.: ~~~~
DETAIL:
SCALE:
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\
\
/
/
/ -/
ESMT, 1
'-"100'
\""umll"" ...,\\\ \S C 11,,1.
,,"'.,((oo.~It/. ",,_ ~ (j~~~-'"i 'b'\v.<\;(\~
! ( No. \ '\E 80040348 I E : \ J = ; . \ 8!ATEOF J = \<"1t~Y.O~! I"",'D SUR'-I~~'\\\'
Itl"'IImn\""\\\
STOEPPELWERll-I & ASSOCIATES, INC.
DRA'M'I BY: RJC PAGE
CHECKED BY:
-------------~I------~ 6CONSUlllNG ENGINEERS "" LAND SURVEYORS SCALE: 1" -300'
7965 East 106th Street. fishers. IN 46038
(317) 849-5935 FAX: (317) 849-5942 DATE: 02/26/2008
JOB NO. 5511551 OF 8 SHEETS
.....l l ..t~Nff~ptIlIO(.. ~,..........,.,..
SANITARY SEWER EASEMENT EXHIBIT
PREP ARED FOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
LINE TABLE 1
LINE BEARING LENGlH I
L 1 N89'03'27"W --;;?4.85' I
L-2 SOO'56'33"W 94.18'
L-3 500'OO'OO"E 220.22'
L-4 S04"21'27"W 242.38'
L-5 SOO"OO'OO"W SB.34'
L-6 S03"04'59"F' 480.79'
13.14'L-7 _soo'oo'nn"F'
L-8 545'OO'00"W 13.44'
L-9 N90"OO'00"E 72.73'
L 10 SOO'OO'OO"W 30.00'
" N90'00'00"W 83.73'
L-12L NOO'OO'OO"E 19.00'
L-13 N45"OO'OO"F' 15:56'
L-14 S90'00'OO"W 70.00'
L-15 545'OO'OO"E 15.56'
L-16 SOO'OO'OO"E 19.00'
L-17 N90'OO'OO"W 634.31'
L-18 SOO"OO'oo"[ 67140'
L-19 590'OO'OO"E 299.69'
L-20 NOO'OO'OO"E 18.54'
L-21 N90'OO'00"W 12.55'
L-22 NOO'OO'OO"E iQD:oo'
L-23 N90'OO'OO"F' 100.00'
L-24 SOO'OO'OO"E l00.no'
L-2S N90'OO'OO"W 53.45'
L-26 SOO'OO'OO"E 18.54'
L-27 N90'OO'OO"E 300.63'
L-28 500'OO'OO"W 187.12'
L-29 NOO'OO'OO"E 212.39'
L-30 590'OO'nn"w 26'.63'
L-31 N90'00'00"W :\37.50'
L-32 NOO'OO'OO"E 731.40'
L-33 N90"OO'OO"E 653.31'
L-34 500'00'0 "E 69rl.40'
L 35 N90'OO'OO"F' ?O.OO'
L-36 SOO"OO'OO"F 30.nn'
L-37 N90'OO'OO"W 20.00'
L-38 NOO'OO'OO"E 30.00'
L-39 500'OO'00"E 864.86'
L-40 S53'05'OC;"F' 54 R3'
L-41 SOO"OO'OO"W 151.94'
L-42 S90'OO'OO"E 13.69'
L 43 SOO"OO'OO"W 30.00'
L 44 N90'OO'OO"W 27.62'
L 45 N90'OO'OO"W 5i?5'
L-46 N90'OO'OO"W 29."~'
L-47 NO"9'31"E 62.19'
(:;H1~
R.egistemd Land Surveyor """"1111,,,,,,,,,,,
No. 80040348 """, ~~~E.:..It(/",,,
F b 26 2008 $ CJ\;j ";r..lcm:~~0.~ ~ c ruary • § I"'~'(Y-''''''~ \. ~
g-( No. "i-; :: 80040348 j : ~ \. STATEOF j :
\.~::-..!.vorNl~ /' §'I"'1: /liD ~-......~..J..: ,,~I"", SUR" v"""""'11111"""\\
STOEPPELWERTH & ASSOCIAlES, INC,
CONSULTING ENGINEERS &: LAND SURVEYORS
7965 Ecst l06th Street, fIShers, IN 46038
(317) 8-19-5935 FAX: (317) M9-5942
DRAWN BY: RJC
CHECKED BY:
PAGE
!\----------4 7SCALE: 1" -300'
DATE: 02/26/2008
JOB NO. 55,,551 OF 8 5HEETS
&.'\Y".~MTEMDmfT'I"".~'.l'JIIQIIOIt2:::!l!:2d""JaoIIt
SANITARY SEWER EASEMENT EXHIBIT
PREP ARED FOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
CURVE TABLE '" " .. .
CURVE RADIUS ARC LENGTlf TANGENT CHaw 8£ARING CHORD lENGTlf DELTA
C-l 544.50' 41 .41' 20.72' N0210'«"E 41 .-4<> 4"2]'2l"
C-2 455.50' 34.64' 17.33' 50210'44"W 34.63 4'21'27"
C-J 455.50' 24.51 ' 12.26' 501'32' 30"E 24,51 3'04'59"
C-4 S44~0' 29.30' 14.65' N01'32'3Q"W 29.30 3'04'S9"
C-5 1lQJLO' 83,21' 4371' N2"4{j'1S"E 81.24 43'20'30"
C-6 39.00' 41 .68' ..23.08' ~~'23"0"E 39.72 6113'40"
C-7 289.00' 16.57' Ji29' 50,'38'32-E 16.56 311114
C-8 144.00' U5.16' 66~84' 5281"OS"E 121.26 49'48'02"
C 9 75.00' 57.06' 29.99' 574'S2'55"E 55.70 43'35'39"
C-l0 1425.00' 69.07' 34.54' 579'04'27"W 69.07 2'46'38"
C-l1 '10:00' 84.71' 44.58' S5S'37'26"W 82.63 44'07'24
C-12 '10.00' 33.20' lS.73' 524'54'53-W 33.08 1717'43
C-13 150.00' .68,83' 35.03' N241B'5B"W 6B.23 2617'31"
\\\,\\,tlUII IUI"IIII
"", ......~\S C, It,."'" ...' ~'T'~-~VA " " CJ"V";.nISTl:R-...."..«. -:;.j /~-. ~\ ~~H:t~ #! No, I ~ ~ \ 80040348 i ~ Registered Land Surveyor ~ \ STATEOF .I ffNo. 80040348
FebrU8l)' 26, 2008 "\<''1: '--1N000~v.oQ:-1',,'" iJtO..........--C(,~ "........
""" SUR'-l """' "'IIIIIIIU'"
STOEPPELWERTH & ASSOCIATES, INC,
CONSULTlNG ENGINEERS & LAND SURVEYORS
7965 [ost l06th Street, foshers, IN 460J8
(317) 849-5935 FAX: (JI7) 849-5942
DRAWN BY: RJC PAGE
8
OF 8 SHEETS
CHECKED BY:
1-1-------1SCALE: ," .. 300'
OATE: 02/26/2008
JOB NO. 5511551
......" ... ~Nf'tlMUI!HTI~..,.,. ........ ~..... ~
----------------
--------------
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantor, jointly and individually, to the tenns and conditions
set forth herein.
IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement
this 0+k
day of AvwJ/ , 2008.
East Cannel LLC, an Indiana limited
liability company, by Platinum Properties, LLC
it'S~t7~
Steven R. Edwards
Vice President -Chief Financial Officer
Date: 0 g-tfS -o?
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC
WORKS AND SAFETY
James Brainard, Presiding Officer
Date: _____________
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
--------------------
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF /N{)JM;t )
) SS:
COUNTY OF J-IA-mll,.TO r/ )
Before me, a Notary Public in and for said County and State, personally appeared Steven R.
Edwards, by me known to be the Vice President -Chief Financial Officer of Platinum
Properties, LLC the sole member of East Carmel LLC, an Indiana limited liability company, who
acknowledged hislher execution of the foregoing instrument on behalf of such corporation.
Witness my hand and Notarial Seal this ftTJldaYOf~ 2008 . .
~I)) TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 11, 2015
~;J4~.. flUH ~
My Commission Expires: Printed Name
My County of Residence: ______
Date:
--------------------------
STATE OF INDIANA )
) SS:
COUNTY OF ----)
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure ofthe City of
Carmel, who acknowledged the execution ofthe foregoing "Agreement" on behalf ofthe City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of ,2008.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: ______
Date:
I affirm, under the penalties for peIjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
APPlPnv'=D, AS TO
FORMBY: £~
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel. LLC an
Indiana limited liability company, as the fee owner ofcertain real estate, (hereinafter collectively
refelTed to as "Grantor"), for and in consideration ofOne Dollar ($1.00) and other good and
valuable consideration in hand paid, the receipt and sufficiency ofwhich is hereby acknowledged
and confessed, does hereby GRANT, BARGAIN,SELL, AND CONVEY UNTO the City of
Cannel, Indiana, an Indiana municipal corporation, its successors and pennitted assigns
(hereinafter refelTed to as "GRANTEE"), a non-exclusive and perpetual easement upon, over,
under and across the real estate located in Hamilton County, Indiana, and described in the
Sanitary Sewer Easement Exhibit attached hereto and hereby made a part hereof, for the pwpose
of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing sanitary sewer lines and equipment appurtenant thereto. Such sewer line and
appurtenant equipment shall be placed underground only, except for such appurtenant equipment
that is customarily located at or above ground level in connection with a sanitary sewer line, such
as manhole covers.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface ofthe lands owned by Grantor, its successors and
assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, a reasonable area ofadditional space, where available and necessary, that is
adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance of Grantee's facilities located in, under, upon, over and/or across the easement
area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the
easement hereby granted. Grantee also shall have the right from time to time to remove all trees,
undergrowth, structures and/or other obstructions above, within, under, or immediately
surrounding the easement area which may injure, endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all
rights with respect to the easement area not inconsistent with the rights granted to Grantee
herein. Grantor's rights also include, without limitation, the right to install, construct and
maintain fences, landscaping and driveways in and over the easement area. Grantor's rights also
,. ....
include, without limitation, the right to grant easements in and to the easement area to providers
of other utility services, provided, that the presence ofsuch other utility lines, pipes and
equipment shall not interfere with Grantee's sewer line or appurtenant equipment or Grantee's
rights hereunder in any material fashion. Grantor shall notify Grantee in writing of any other
utility service lines, piping or equipment proposed to be installed in the easement area.
Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its
successors or assigns, shall not erect or maintain any pennanent structures, obstructions, or other
improvements under and/or upon the surface ofor over the easement area or perfonn any act
which would materially impair or interfere with Grantee's use and enjoyment of the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions
effected by it) the erecting or maintaining in the easement area of any earthen mound or series or
system of earthen mounds.
If the surface ofthe easement area and/or any nearby property ofthe Grantor, including,
without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by
Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal,
replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost
and expense, shall repair and restore such permitted improvements and the surface of the
easement area and/or other property of the Grantor to substantially the same condition which
existed inunediately prior to any such disturbance, except to the extent that Grantee was
exercising its right to remove items which are materially interfering with or would materially
interfere with the rights granted herein. Any work performed or caused to be performed upon,
under and/or over or within the easement area at any time and from time to time shall be done at
such a time and in such a manner as will cause a minimum of interference with the business
being conducted by Grantor (or its successors and assigns) upon its land surrounding and
adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from
performing any of its work during normal and customary daylight business hours.
Grantee may not assign, grant or convey the right to use the easement area to any other .. ,
person or entity or for any utility service other than Grantee's sanitary sewer service without
Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and
absolute discretion.
Grantee agrees to defend, indemnify and hold Grantor hann1ess from and against any and
all claims, liabilities, damages, liens, judgments, suits, costs, expenses and fees, including,
without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out of or ..
in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work
performed at or on the easement area and/or any adjoining property owned by Grantor, by
Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising
out of or in connection with any entry onto the easement area or any adjoining area by Grantee,
its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or
imposed on the easement area or Grantor's adjoining property by any person or entity claiming
by or through Grantee, its employees, contractors or agents.
Grantee shall be solely responsible for obtaining any and all pennits and approvals
required in connection with the installation and maintenance ofthe sanitary sewer line and
appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances,
rules and regulations.
All notices required to be given under this Easement Agreement shall be in writing and
will be deemed given three (3) business days after posting in the United States mail, postage
prepaid, by registered or certified mail, return receipt requested, or one (1) business day after
depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if
delivered by hand, to Grantor or Grantee at the following addresses or to such other address as
either party may hereafter designate in writing for such purpose: ">
TO GRANTOR: TO GRANTEE:
East Cannel LLC, an Indiana limited City of Cannel, Indiana, a municipal
liability company corporation
9757 Westpoint Drive, Suite 600 One Civic s.,g,uare
Indianapolis, IN 46256 Cannel~ IN 46032
Attn: Steven R. Edwards Attn: John Duffy, Utility Director. :4',
TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long
as the rights and easements herein granted shall be used by Grantee upon the tenns and
conditions specified herein, with ingress to and egress from the easement area, for the purposes
of constructing, installing, repairing, maintaining, replacing and removing the facilities of
Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements
of record.
It is agreed that this grant covers all the agreements between the parties regarding the
subject matter hereof, and that no representations or statements, verbal or written, have been
made modifying, adding to or changing the terms of this agreement.
The Grantor represents and certifies that it is the fee simple owner of the easement area
and real estate surrounding the easement area; that so long as Grantee fully performs all of its
obligations hereunder Grantor covenants the quiet possession of the easement area to the
Grantee from and against all persons or entities claiming by or through Grantor, but subject to
... .....
the terms herein; that the easement area is free ofany liens or encumbrances,except the lien of
current taxes and any other liens or encumbrances or other matters that, asofthe date of
execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant
and defend Grantee's rights to the easement granted hereby against all claims thereon by persons' .
or entities claiming by or through Grantor.
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR : EAST CARMEL, LLC -J.C. HART
LOCATION: 146TH STREET
N. UNE, NE. 1/4,N. UNE, NW. 1/4, NW. COR. NE. 1/4 SEC. 23, T18N, R4£ NE. COR., NE. 1/4,SEC. 23. nBN. R4E SEC. 23. nBN, R4E,------S8915'40·E 2677.99' SEC. 23, T18N, R4E,
NE. COR. NW. 1/4 291.35'
SEC. 23, naN, R4E, 146TH STREET
~ ~~i
: ~ 0: ~CI
u
SOOlHD!\.Y RlGHT-OF"_WAY UIj£
EAST CARMEL, LLC
INSTR. No. 2007043398
~ ~~ ~~ o. a Vl
(VARIABL£ PUBUC R/W)
SOUTHERlY
RlGHT-OF"-WAY LINE
S04·48'02·W
PROPOSED
J.C. HART PARCEL
S38'32'SO·W
152.74'
S33'40'OI·W
82.68'
~'~'~"f~~' 585'9155 W 286,03
S44,r14"W
65,86'
196.20'
EAST CARMEL. LLC
INSTR. No. 2007043398
N04'40'M-W
20,00' GRAPHIC SCALE
o 100 200 ~ 400
!
NOTE: THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCAnON REPORT.
( IN FEET )
1 inch -200 fl
DRA\\N BY: TLB PAGE
STOEPPELWERTIi & ASSOCI AlES, INC, CHECKED BY:
CONSULTlNG ENG1NEERS &: LAND sum'EYORS SCALE: ,. = 200'
7965 East '06th Street, fishers, IN 46038 1DATE: 03/' 8/2008(317) 849-5935 fAX: (317) 849-5942
JOB NO. 57810 OF 2 SHEETS
SANITARY SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL. LLC -J.C. HART
LOCAnON: 146TH STREET
SANITARY SEWER EASEMENI' DESCRII'TION:
A part ofthe Northwest Quarter of Section 23, Township IS North, Range 4 East. Clay Township, Hamilton
County. Indiana, more particularly described as follows:
Commencing at the Northeast comer of the Northwest Quar1er of said Section 23; thence South 89 degrees 15
minutes 40 seconds East along the North line ofsa1d Quarter Section a distance of291.35 feet; 1hence South 00
degrees 44 minutes 20 seconds west 426.8S feet; thence South 04 degrees 48 minutes 02 scconcb West 196.20
feet; thence South 15 degrees 34 minutes 41 seconds West 112.29 feet; thence South 47 degrees 16 minutes 03
West 165.92 feet; thence South 38 degrees 32 minutes 50 seconds West 152.74 feet; thence South 33 degrees 40 .
minutes 01 seconds West 82.68 feet; thence South 00 degrees 09 minutes S9 seconds West 76.50 feet; thence
South 38 degrees 41 minutes 04 seconds West 136.39 feet; thence South 67 degrees 30 minutes 02 seconds West
85.0S feet; thence North S5 degrees 34 minutes 55 seconds West 33.06 feet; North 60 degrees 37 minutes 33
seconds west 48.83 feet to the POINT OF BEOINNING oftile following descriptlon; thence South 44 degrees 17
minutes 14 seconds West 65.86 reet; thence South 85 degrees 19 minwes55 seconds West 266.03 feet; tbeoce
North 04 degrees 40 minutes 05 seconds West 20.00 feet; thence North 85 degrees 19 minutes 55 seconds East
25S.54 feet; thence North 44 degrees 17 minutes 14 seconds East 50.29 feet; thence South 78 degree:I 03 minutes
00 seconds East S.SS feet; thence South 60 degrees 37 minutes 33 seconds East 12.93 feet to the place of
beginning. con~0.147 acres, more or less, subject to all legal highways, rights-of-ways, easemen13, and
restrictions of record
S:U7lllIJCH\LepIII!xllbitlSoniliry Sc.....1!ucmcnI Dcoc:ripIlaLJIf
NardI 19,2001, db
",UUI.""", ...,\\\\ \S C "'" ,,\ ~i . It,-I" " .,,~/..---. V.A',.I CJ':/'r~";:""A.\ \
:: I q;v '<>()~ ~i~. No. -, 80040348 ~HfIlI# \ \ STAlEOF ]
Registered Land Surveyor ~~\... '1i0lA1lt-./ OQ:: l No. 80040348 ":0" '110~'.'''''t'.~ ,,~""," SU R'J ~\,,\,\Date: March IS, 200S 11"'lIlIt""'\
NOTE: THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT.
DRAWN BY: TlB
STOEPPELWERTH & ASSOCIATES, INC. CHECKED BY: 11-------CONSULlING ENGINEERS &: LAND SURVEYORS SCALE: NA
7965 East looth Street, F1sh ers. IN 046038
(317) 849-5935 fAX: (317) 849-5942 DATE: 03/18/2008
JOB NO. 57610
PAGE
2
Of 2 SHEETS
----------------------
The person or persons executing this instrument on behal f ofGrantors hereby represent
that they have the authority to bind Grantor, jointly and individually, to the terms and conditions
set forth herein.
IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement
this 0~day of Auerv 3J ,2008.
East Cannel LLC, an Indiana limited
liability company, by Platinum Properties, LLC
it'S~~
Steven R. Edwards
Vice President -Chief Financial Officer
Date: ag-ob.-o'3
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC
WORKS AND SAFETY
J ames Brainard, Presiding Officer
Date: _____________
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date: _____________
-------------------------
AITEST:
Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF IN{)rlriA )
) SS:
COUNTY OF t+4tY1 It..:TON. )
Before me, a Notary Public in and for said County and State, personally.appeared Steven
R. Edwards, by me known 'to be the Vice President -Chief Financial Officer ofj>latinum
Properties, LLC the sale member of East Cannel LLC, an Indiana limited liability company, who
acknowledged his/her execution of the foregoing instrument on behalf of such corporation.
Witness my hand and Notarial Seal this t,11f day of &f:JtJcif , 2008 . ....
~aJ~ . , '-"i . U ~. LmT Trvr---'-~3.::;;;;;;:::;-A.~ o~ LI0 "f~~:}i$:\
i·~.. ~).} ~.....~..,.?':.....
TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 110 2015
My Commission Expires: Printed Name
My County ofResidence: ______
Date:
--------------------------
STATE OF INDIANA )
) SS:
COUNTYOF _________ )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure ofthe City of
Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2008.
NOTARY PUBLIC
My Commission Expires: Printed N arne
My County of Residence: ______
Date:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
,
APPROVED, 4:0; "«':
FORM IV: mf _~'"
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel. LLC.
an Indiana limited liability company, as the fee owner ofcertain real estate, (hereinafter
collectively referred to as "Grantor"), for and in consideration ofOne Dollar ($1.00) and other
good and valuable consideration in hand paid, the receipt and sufficiency ofwhich is hereby
acknowledged and confessed, does hereby GRANT, BARGAIN, SELL, AND CONVEY UNTO
the City ofCarmel, Indiana, an Indiana municipal corporation, its successors and permitted
assigns (hereinafter referred to as "GRANTEE"), a non-exclusive and perpetual easement upon,
over, under and across the real estate located in Hamilton County, Indiana, and described in the
Water Easement Exhibit attached hereto and hereby made a part hereof, for the purpose of
laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing water mains and equipment appurtenant thereto. Such water mains and appurtenant
equipment shall be placed underground only, except for such appurtenant equipment that is
customarily located at or above ground level in connection with a water main, such as fire
hydrants and valves.
Grantee shall have the right ofingress and egress over, under, upon and across any land,
driveways and roadways located on the surface ofthe lands owned by Grantor, its successors and
assigns, upon and within the boundaries ofthe easement area, for purposes ofaccess to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, a reasonable area ofadditional space, where available and necessary, that is
adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance ofGrantee's facilities located in, under, upon, over and/or across the easement
area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the
easement hereby granted. Grantee also shall have the right from time to time to remove all trees,
undergrowth, structures and/or other obstructions above, within, under, or immediately
surrounding the easement area which may injure, endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all
rights with respect to the easement area not inconsistent with the rights granted to Grantee
herein. Grantor's rights also include, without limitation, the right to install, construct and
maintain fences, landscaping and driveways in and over the easement area. Gralltor's rights also
include, without limitation, the right to grant easements in and to the easement a~ea to providers
of other utility services, provided, that the presence of such other utility lines, pipes and
equipment shall not interfere with Grantee's water main or appurtenant equipment or Grantee's
rights hereunder in any material fashion. Grantor shall notify Grantee in writing of any other
utility service lines, piping or equipment proposed to be installed in the easement area.
Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its
successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/Qr upon the surface ofor over the easement area or perform any act
which would materially impair or interfere with Grantee's use and enjoyment of the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions
effected by it) the erecting or maintaining in the easement area of any earthen mound or series or
system of earthen mounds.
If the surlace of the easement area and/or any nearby property of the Grantor, including,
without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by
Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal,
replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost
and expense, shall repair and restore such permitted improvements and the surface of the
easement area and/or other property of the Grantor to substantially the same condition which
existed immediately prior to any such disturbance, except to the extent that Grantee was
exercising its right to remove items which are materially interfering with or would materially
interfere with the rights granted herein. Any work perfonned or caused to be performed upon,
under and/or over or within the easement area at any time and from time to time shall be done at
such a time and in such a manner as will cause a minimum of interference with the business
... .....
being conducted by Grantor (or its successors and assigns) upon its land surrounding and
adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from
performing any of its work during nonnal and customary daylight business hours.
Grantee may not assign, grant or convey the right to use the easement area to any other
person or entity or for any utility service other than Grantee's water main service without
Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and
absolute discretion.
Grantee agrees to defend, indemnify and hold Grantor hannless from and against any and .
all claims, liabilities, damages, li~ns, judgments, suits, costs, expenses and fees, including,
without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out of or
in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work
perfonned at or on the easement area and/or any adjoining property owned by Grantor, by
Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising
out of or in connection with any entry onto the easement area or any adjoining area by Grantee,
its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or
imposed on the easement area or Grantor's adjoining property by any person or entity claiming
by or through Grantee, its employees, contractors or agents.
Grantee shall be solely responsible for obtaining any and all permits and approvals
required in connection with the installation and maintenance ofthe water main and
appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances,
rules and regulations.
All notices required to be given under this Easement Agreement shall be in writing and
will be deemed given three (3) business days after posting in the United States mail, postage
prepaid, by registered or certified mail, return receipt requested, or one (1) business day after
depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if
delivered by hand, to Grantor or Grantee at the following addresses or to such other address as
either party may hereafter designate in writing for such purpose:
TO GRANTOR: TO GRANTEE:
East Carmel LLC, a limited liability City ofCannel, Indiana, a municipal
company corporation
9757 Westpoint Drive, Suite 600 One Civic Sguare
Indianapolis, IN 46256 Cannel. IN 46032
Attn: Steven R. Edwards Attn: John Duffy, Utility Director ,./ .
TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long
as the rights and easements herein granted shall be used by Grantee upon the terms and
conditions specified herein, with ingress to and egress from the easement area, for the purposes
of constructing, installing, repairing, maintaining, replacing and removing the facilities of
Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements
of record.
It is agreed that this grant covers all the agreements between the parties regarding the
subject matter hereof, and that no representations or statements, verbal or written, have been
made modifying, adding to or changing the tenns of this agreement.
The Grantor represents and certifies that it is the fee simple owner of the easement area
and real estate surrounding the easement area; that so long as Grantee fully perfonns all of its
obligations hereunder Grantor covenants the quiet possession of the easement area to the
Grantee from and against all persons or entities claiming by or through Grantor, but subject to
the tenns herein; that the easement area is free of any liens or encwnbrances, except the lien of
current taxes and any other liens or encwnbrances or other matters that, as of the date of
execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant .
and defend Grantee's rights to the easement granted hereby against all claims thereon by persons
or entities claiming by or through Grantor.
WATER EASEMENT EXHIBIT
PLAT1NUM PROPERTIES, LLC -CARMEL WATER
LEGACY -146TH STREET & RIVER ROAD
N. UNE, NW. 1/4, SEC. 23, T18N, R4E
N89"03'27"W 2682.79''-------2.383.37' N89'03'27"W
299.42'NW. COR .• NW. 1/4
SEC. 23. TIBN, R4E. NE. COR. NW. 1/4
SEC. 23, T18N. R4E,!
146TH STREET ~;
DESCRIPTION _ (VARIABLE R/W) ~ ~f:P•O•B, SOUTHERLY
A put oftbc Northwest QuarterofScction 23. Township 18 V) I RIGHT-OF WAY LINE
North, Range 4 East. Clay Township. Hamilton County,lndiana, i
more particularly dcscn"bed as follows: S85"17'0.3"E
20.07'CollllDCllCing at the Northeast corner of &lid Quarter Section;
thence North 89 degrees 03 minutes 27 sccoods West along the NOW OR' FORMERLY
North line ofaaid Quarter Section a distance of 299.42 feet;
EAST CARMEL. LLC
INSTR. No 2007-43398thence South 00 degrees 00 minutes 00 sccoods West 112.76 feet
to the aoutbcrly right of way line of 146th Street IIld the POINT
OF BEGINNING of this detcription; thence South ()() degrees 00 20' I I
minutes ()() ICCOIIds West 268.90 feet; thence South 22 degrees 30
minutes 00 sccoods West 32.92 feet; thence South 00 degrees 00
minutes 00 sccoods West 27.45 feet; thence South 90 degrees ()()
minutes 00 ICCODds West 135.83 feet; tbcnce North 87 degrees 08
minutes 3S &e<:Onds West 62.13 fcct; tbcnce North 02 degrees SI I I
minutes 25 sc:conds East 20.00 fcct; thence South 87 degrees 08
minutes 35 sccoods East 61.63 fcct; thence North 90 degrees 00
minutes ()() ae<:onds East 1 J H3 fcct; thence North ()() dearces 00
minutes 00 &e<:Onds East J1.43 fcct; thence North 22 dearces 30
minutes 00 sc:conds East 32.92 feet; thence North 00 degrees 00 I I
minutes 00 sc:conds East 266.57 fcct to Ibe southerly righl ofway
line of said J46th Street; thence Soulb 85 degrees J 7 minutes 03 SCALE seconds East along said right ofway line 20.07 feet to !be place
ofbcginning. containing 0.233 acres, more or Jess. subject to all
legal highways. rights-of-ways, easement3, and restrictions of
record. \\",UIII'II"""
""" :'(,\S C. L "~I"~"~ S:\"II~ ~-~~.. _•...._<iU"", "
W_~o-)13OI.nf ~ (j /~STe1i~> '<' "" 20' WATERi< I I ( IN rEET )March I). 2001. db f !.,~ '0\ ~ EASEfAENT ~ 1 inch ~ 50 fL -No'UNRECORDED~ I' . \ = ~ 80040348 i E I ~DUKEENERGY ~ \ STATEOF /' §~~uffd?¥ -<, N22'.30'OO"E I /. --.J EASEMENTh.~\. -t ......!.IVDlA~~/.&-~Registered Land Surveyor " '1tO '•._ .• ' ....~ -,-.32.92~~ I
No. 80040348 ""," SU R" ~\\\,\,
""hlllllll"\'\ ~'---
NOO"oo'~"E
11,4.3
587'06'35·[ f'· '00'00·[ 115.33'
N02'51'2~~a.. .3' N90UZ
20.00 'OO~1.35.8.3
N87'OB'.3S"W S90'OO NOTE: 62.13' ThiI drawing i. DO! intended 10 be rcprc$CDtz:d
as. RetraccmCllt or OrigiDal Boundary Sunoey•
• Route Survey or • Surveyor LocaIioo Report.
DRAVf1II BY: TLB PAGE
STOEPPELWERTI-l & ASSOCI AITS, INC. CHECKED BY: BAH 1WlSUL11NG ENGINEERS .!c LAND SURVEYORS SCALE: I· = 50'
7965 East IOOth Street -Fishers. IN 46038-2005
(317) 849-5935 FAX: (317) 849-5942 DATE: 03/13/08
JOB NO. 55115PLA OF 1 SHEETS
S:\5S115\dwg12O FOOT WATER EXHIBIT.dwg. WATER EXHIBIT. l'1312OO8 4:D4:51 PM. _ . 1:1
--------------
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantor, jointly and individually, to the terms and conditions
set forth herein.
IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement
this (/oh day of Au (rV S-L ,2008.
East Carmel LLC, an Indiana limited
liability company, by Platinum Properties, LLC
it's sole member ~ ~Q
Steven R. Edwards
Vice President -Chief Financial Officer
Date: O~-Ob -O'i?
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC
WORKS AND SAFETY
James Brainard, Presiding Officer
Date: ____________
Mary Ann Burke, Member
Date: _______ _____
Lori Watson, Member
Date:
-------------------
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF It/PlANA )
) SS:
COUNTY OF In,..~Il-TOr-/. )
Before me, a Notary Public in and for said County and State, personally appeared Steven R.
Edwards, by me known to be the Vice President -Chief Financial Officer ofPI~iinum
Properties, LLC the sole member of East Carmel LLC, an Indiana limited liability company, who
acknowledged hislher execution of the foregoing instrument on behalf ofsuch corporation.
Witness my hand and Notarial Seal this ~day of ,!}IJ-vQ/,'77 ,200'8. , ' .
(~) TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 11. 2015
NOT
My Commission Expires: Printed Name
My County ofResidence: ______
Date:
STATE OF INDIANA )
) ss:
COUNTYOF __________ )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Arm Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure ofthe City of
Carmel, who acknowledged the execution of the foregoing "Agreement" on behalfofthe City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of . ,2008.
NOTARY PUBLIC
My Conunission Expires: Printed Name
My County of Residence: ______
Date: ____________
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
Ap r ·:O.l,) to TO ~~ ~ ", ~ .~ :i
FORM By: ~
Priord~~f~nce: ________________________ __
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement), is entered into by and between East
Cannel, LLC ("Grantor"), and the City of Cannel, Indiana, by and through its Board of Public
Works and Safety ("Grantee"), for public right-of-way and related purposes, as follows:
1. Grantor is the fee simple owner of the real property described in Stonn Sewer
Easement Exhibit, attached hereto and incorporated herein (the "Real Estate").
2. For One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency ofwhich is hereby acknowledged, Grantor hereby grants and conveys to Grantee
a perpetual non-exclusive easement ("Easement") that shall run with the land and which shall be
limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate
and/or remove certain storm sewer structures and/or other drainage facilities through, upon, over,
along, under and across the Real Estate, together with the right to do all other lawful acts and
things not inconsistent herewith and requisite or necessary for the full enjoyment of the
Easement.
3. Grantor expressly reserves all right, title and interest in and to the real estate
described above not specifically granted to Grantee, as well as the right to use or permit the use
of the Easement by others for any lawful purpose not inconsistent with the rights granted to
Grantee herein.
4. The Easement is made subject to all prior easements, agreements, restrictions
and rights-of-way ofrecord.
(eb:mrword:J:'Ilepcy( • .k..•. arlhuu)'IJepl-dOCl'>laymlA2· row and ellcmcntJ\ll)'ml-1DIl1tMI' eISmIIID dna..Aoi:~8J
5. It is understood that all the provisions of this Agreement are stated herein and
that no verbal agreements or promises will be binding on the parties hereto or their successors in
interest.
6. This Agreement shall be governed by, construed and enforced in accordance
with the laws ofthe State of Indiana.
7. This Agreement, upon execution by both Grantor and Grantee, is and shall
remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners,
successors, assigns and legal representatives in all respects as to all covenants, agreements and
obligations contained herein.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
~
Agreement this ~day of AV&VsT ,2008.
"GRANTOR"
East Cannel, LLC.
BY: Platinum Properties, LLC, it's sole
member ~
By: ~~.
Steven R. Edwards
Vice President -Chief Financial
Officer
Icb:rnsword:i:\JegJIC)' (.I.k.I. earlham)\Jcg.al·docs~c iar1 ClSoneJlts & row\lgy h· stm sewer easanc:nf dnltt~:8/6108]
STA TE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Steven
R. Edwards, the Vice President -Chief Financial Officer of Platinum Properties, LLC, the sole
member of East Carmel, LLC. ("Grantor"), who acknowledged the execution of the foregoing
"EASEMENT AGREEMENT" as hislher voluntary act and deed.
Witness my hand and Notarial Seal this tflf-day of 4utl.tfl ,2008.
TIMOTHY J. WALTEA
Hamilton County
r ,I L4fl!JLMy Commission Expires~I)) NOTARY.. _. v PUB_.. _. No~_~berll,2015 v My Commission-Expires:
Printed Name
My County of Residence: _______
[cb:rruVlOf'd:i:\Jepcy (a.k..a. carlha.m)\l~I-doc:s\jc hart ea.5cmmts & row\Jgy h-sOn sewer casement draR.~:8J6I08J
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
fITORM EASEMENT NUMBER ONE
A part ofthc Nonbwat ~ofSecti<lll23, TD'ImIhip II Nartb, Rau&e 4 EIIII, Oay TCIWIIIbip. HImilIOG CounIy,1DcIima. more partIculIrIy *'<:n"bed lIS
IOIIOWI:
CommcIIdD& _1IIe ~Comer ofille ~Quar1er oflllid Sectioa 23; IbI:ncc Nonb 89 __03 milllllcs 27 secoods Wilt oIGna!be North lille
ofaaid Quar1er Sectioo • cIiItaao of 624.8.5 feet; ~SouIb 00 __.56 ..w.-33 ~Welt porpondiaII.. 1o I8id North 1iDe. ~of94.18
feel 10 the inIaMctioII of1he IDIIIbody riPt~f-w.y liDO ofl46cb 5nct aI the easIerIy riaIIl~r-My IIac ofCommunlly DIM; ~lIIon& tIIe..ur1y
riIbt~f-way 1iDe ofOlmmuaity 0riY0 by !be DOXl_ (7) couna; I) SouIb 00 cIesr-00 mInuIa 00 ICOOIIds East 220.22 kllo!be pod ofCIIIVDre of
• curve COIIC8\'II ~y,1bendiul poiDl or-.id CUM bciaa SouIh 90 depeeI 00 minuII:s 00 ICOOIIds Wilt 544-'0 bI e-om uIcI poiDI; 2) IGIIIIIorty aIq
uId curve 41.41 feel CD Ibe polIII oftqmey ofakl aJrV8, RId poial beIaa SoI4 &.5 __31 JIIlnIIIIIS 33 eecondI &II 544.50 kI e-om!he ....point of
aid curve: 3) SouIh 04 -.-.21 J11iDu1e127 ~Wesl242.38 kilo IIIe poinl ofcwvmn or. CUM CXIIIC&ft -'y,thc ndiuI pollll oflaid cuw
beiDg SouIh &.5 depa 31111iruW1s 33 -.do fAst 4.5.5..50 feet 110m Mid poIat; ~IOIIIberIy aJoaa uid _ 34.64 teet 10 !be poUII oflallpllcy oraaid
QII\'C,I8id poinI beiDi SouIh 90 .....00 mlnuta 00 IOCIDIIda WCIl4.5UO feet Iium !be ndIua poilll oflaid curve; .5) SouIh 00 cIep-. 00 ....... 00
MCXlIIdIBaIt 11.34 ...10 Ibe pollll of_of......... _ -my, !be radius poiIII ofaaId CIIn'O beiDa SouIh 90 cIctIreeI 00 IIIiaWI 00 __&II
4"..50 feel fIom akI po/III; 6) IOUIberIy aIoaa Hid curve 24..51 feel 10 the poiDl ofIIDpIcy of aid curve, said poiai beiDa SaudI 16 dqtees.5, mInuIa 01
aeconda WCIl4,,-'O feet rr-the ndius poiD! ofaid curve; 7) SouIb 03 ~04 ~591OCOl1d1 BIll 471.72 feec 10 !be POOO OF BIlGINNIN<l or
this deacripdoa; IIIenoe North 90 depeI 00 I!Iimda 00 McoadI BIll 39.40 feel; tba!cz South 24 dopeea47111.11da 061OC1D11da Ea8l2.5.33 fed; ......,. South
'5 depees 03 miIIuIes 321OOO11d1 Willi 14.93 feet 10 !be -.ly riIbI~t-way IiDe of CommImIty DIM; tbeoce aJoaa thc eatorIy riabl~f-way IiDe of
Cormmmity 0riY0 by !be DCXI 1M (.5) 00WJeI; I) IbI:ncc Nor1h 00 ~00 IIIlautOi 00 teeoods Easl6.63 ICcI; 2) North 45 ~00 miIues 00 aecoodJ
East 21.99 feel; 3) North 00 __00 IIIiIUea 00 seconda &It 13.14 feet 10 die poim of_of. curve concave ~,1he radiuo poiIIt ofMid CUM>
beiDg Scull 90 deer-00 miDuIa 00 IeaIIIds West 544..50 feet 110m aid polat; 4) aonhorIy aJoaa aid cone 29.30 feet 10 !be point ofllDplXy ofMid
=n,aid point beiIta Nonb 16 dopeea" IIIiauIaI 011Ccandl East 544.50 feet Iium!be ndilll poiDI oflaid _;5) North 03 depes 04 an-.. 59
acconda Welt 2.07 kilo the place ofbqinniDg, C<IIIIIIIniaa 0.047 acres, more or las.
S:\55 I US 1\LepI\IWtIbltlSTORM ESMT 1.J1f
February 21, 2001 Ijc
fITORM EASEMENT NUMBItR lWO
A pel of!be NortIIwat QuarIOI' ofSectioa 23, TOWDIbip II Nor1h, Raoge 4 E.tI\, Oay TDWDJbip. HamlIIOG CounIy,IIIdiaD4, more panlcultrly dcIaibod IS
folio",:
CoamIezK:iDa _!be NorIIIeaI Comerof!be NorIhwest Quar1erohaid Section 23; tbea<:e Nonb 19 dopIeI 03 miDUIa 271K011C1s West a1"",!be North IlDc
ofaid Quorter Secti<III. 4ItIaDce of624.a5 fed; Ihcncc SouIh 00 deJm:s '6 miDlIhI 331eClO1lds Willi perpaIlc:War 10 ..4Nonb 1lDc. cIistmce ot94.18
fcc:t 10 tho irderIectian of!be IOUIherly righI~f-Way IiDe of 146Ib Snet and Ibe ~y riaht-of-way IiDe of ComnamIty Drive; tbeace aIoaa !be ~
rilhklf-My liDo ofCcalmomlty Drive by !be DOXlIIeVeII (7) counet; I) SoaIh 00 ~00 aUnma 00 -m&11220.22 kI to Ibe pon of_of
• eurw CGD<:aYe wetIaIy, !be ndiuo poIIII ofaald curw belna SouIb 90 ~00 miIIuIes 00 ICOOIIds West 544-'0 kllt-om aid poiDI; 2) IOI6aty aIoo&
aald c:wve 41.41 ftIot 10 !be poIIIIoflallplCy of"d carve, aaldpollll bclq SouIh &.5 dep=a 31111isUc3 331COOO11d1 BaIt 544..50 fcc:t e-om!bellldiul poiatof
said c:wve; 3) SoIIIh 04 -.-.211!1in111"1271DCC111ds Weal 242.38 feet 10 !be point ofeurvaIUn of. curve CXIIII:.WI 0IIIertY;!be ndD poim orlaid CUM
beina SouIh 15 clear-31 =-33 JO<Onds BaIt 4"..50 IicclIiom aid point; 4) IOUIbedy a10qaldcurve 34.64 fcc:tlolbepoUlloftallpDl:J'ofuid
c:wve, aid poial belna SouIh 90 dcIftIa 00 IIlinUlocs 00 Iacooda Well 45.5.50 feet Iium Ibe ndIuIpcriN. oflaid ana; .5) SouIh 00 cIep-. 00 ......... 00
IeCOIIdII!aI A.34 at10 Ibe pon of_of. curve CODQYC C8II<:rIy,!be radius poidofaald curve beiaa South 90 ~00 mlauIeI 001eCOllds £os(
4"..50 teet fIom·aid poiDI; 6) IOUIberIy aIIq aid curve 24..51 ... 10 Ibe poiD! ofllnpnoy ofaid curve, aid point boio& SaudI 16 ~" ....0I
_ell West 455..50 feet It-omlbe radlua point ofaald c:urw; 7) SoadI 03 ~04..un-59 MOOIICII BIll 471.72 foe!; IbeDce SauIh 90 cSaF-00
mInuIet 00 IeClOIlds Wat19.1J fed 10 !be -.aly riFt~f-way liDO ofCommImily Drive and !be POINT OP Bl!OlNNINO ofthla doIcrIpIIoa; .......DIII
!be WIISIOdy rf&IrkIf-way IiDe ofCommunity 0riY0 by !be ncxI ""'" (2) C>OUI1eS; I) IbeDce South 03 cIetP-04111iDuta 591DCC111ds Easl6.11 fedtolbe poiDI
ofCWYlllUrl of. """'" c:ooc:a\IC wcstaIy,!be radius poIntofaaid ........ beiaa South 16 cSe&r-" mlDutes 011DCClllds West 4.5'-'0 fcc:t Iium a:id poiat; 2)
IOUIberty aIoa& aaid curve 23.15 Ii:d 10 \be polDI ofIInpDc:y ofRId curve, aid poim beIDa North 19 c1ct1ree149 mlnuIes 46 ICOOOIIdI East 455-'0 feet !tom
!be ndiUII polne ofuid curve; tbeace SouIh 90 dqrecs 00 mUwIes 00 IDCCIIIds Weat 33-'0 feet; Ibomao North 00 cIesr-00 mlnuta 00 IDCCIIIds Easl30.oo
feet; 1heIICII North 90 __00 mim.dool 00 sec:oadl !!all 37.47 feet to !be placo oflqhmina, --..mg 0.026 ....... more or less.
5:\551155 IILcpllJ!lIhibitISTORM ESMT 2.ltf \\,\""''''UI''''IIII,, .February 21, 2008 rjc ,\" 0.",\\5 C. Itt. ""
,\ .''''' ••--VA ~ !~y~,,,~~\
€ I No. \ ~~~H!¥ ~ i 80040348 1 ~ RegIstered Land Surveyor
No. 80040348 \ \. STATEOF ) J
'-::. ~'.....IN~Y.OQ:-~February 26, 2008 ~, 1'''''/,\ ",,-. .--. ~ ....:HOT[;
llfS OR"IIINC IS HOT INTEN[)(I) TO BE REl'flESDjTtO
"'" v SU R\I ~,\\,\\
11111111'111"""\\\ .AS " RETR"COIENT OR 0AlCL'IAl. BOUNDARY SURw:Y. " ReUlE SU~ OR " SURVEYOR LOCAl1ON REPORT.
DRAWN BY: RJC
STOEPPELWERTH & ASSOCIAlIS, INC. CHECKED BY:
PAGE
-------------------------~I------------~ CONSULliNG ENGINEERS & LAND SURVEYORS 1SCALE: 1" a 200'
7965 Easl 106th SIr..,t, f1shsrs, IN 46O.l8
(JI7) 849-5935 FAX: (317) 849-5942 DATE: 02/26/2008
JOB NO. 5511551 OF 4 SHEETS
...... 11.~~HGl:I.....'1::nuNl..~
STORM SEWER EASEMENT EXHIBIT
PREPARED fOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
STORM EASEMENT NUMBER 11UlEE
A put orllle North_I QuaI1ct orSectiaa 23, Township 18 Nord!, RaDle 4 Eat, Clay ToMlSblp, HcWIOII CmmIy,IDdiaoa, _ J*!ic:Wdy cIeIcribed •
rolJows:
CnmmcncjDlll1IIe Nor1beut Comer orthe Nonh_ Quater or Aid ScctioII23; Ih<IIao North I9IkF-03 miDatea 271CC011d1 WCIII/GIII IbD Nonh 1lDo
orAid Quarter SecIioo • diIIancc or624.35 feet; theDoe South 00 cIe~~6 JIliauIIIt 33 ....W..pcrpcodkuI..1O 1114 Nonh 1lDo • ~0(94.11
reet 10 the iDIaJcetioo orthe lOIIIbcdy riIbI-or-way Ilno or146Ih Snet IIId tho -'Yriahl..,r-way 1JDe ofCommaalty 0rM; ~IIoaa \be eIIIcdy
riIbI..,r-wwy line orCammunky Drm by thellCld e1cvcG(II) couna; I) SouIII 00 dopeoI 00 minwo 00lecoadlEat22O.l2 ~IOlbtpolalor~
or. curve COIII:8YC -=ly, \be nell ... poillt ofsald curve bciaa SoudI90 ~00 miII_ 00 eecaGIIa Well 544-'0 feet &om aid poIDI; 2) IOUIbcrIy IIoaa
uid c:urve 41.41 feet 10 the polmor~oralld cwva, aIid poln! beIDa SoUlb M dqrccs lI1J1iDuta 33 eecaGIIa Eat 544-'0 i0oi from the rIdius poiIII or
NicI ane; 3) SouIb 04 dqrccs 21 m.Iamaa 27 ~WCII242..31 feet 10 IbD potm or--..or. curve COII<&\'II.-!y,1IIe ndIuI point orMid ane
bcina SoIIIh M dtpea 31111i1wa 331OC1lDd1EMt 43'-'0 i0oi ftom aid point; 4) IOUIheriy aIoDa aid CUM: 34.64 i00i10 tile pcriIII ortaqeaey orAid
........ , Aid polm beiDa SoIIIh 90 dapoa 00 miDur.cs 00 NCOIIdI Well 4~'-'0 feet &om tile r.dIIII point orllid c;urve; ,>SoadI 00 cIo&r-00 ......... 00
IOCOIICI:s EMt P.34 IIod to Il1o poillt oranaIure of. c:urve coacave -.cr\y, \be ndiuo poInI o(Aid c:urve bcq SouIII 90 .toar-00 ........ 00 IOCIlDdIFat
4"-'0 feet &om llid poin!; 6) IOUIberIy IioD& Aid c:urve 24.~1 foot to \be polnl orlllDplCy of Aid carve, Aid poiIII bcb,. SauIb 16 de&r-~~IIIiaua 01
_cis WCII~5.50 fcet from \be ndluspaiDIorAid tun'e; 7) South 03 cIepc:s 04 minuIcs S91eC011dsE.t480.79 foot IDtbcpoaofcumllnor.c:um:
COIIQve -=ly, \be nell.. pom of Aid c:urve beina SoLdb B6 dqrecs S5 IIIiDuIeI 01 ICCOIIdI Wa:t 544.50 feet &om Mid perini; I) ~...Aid eurvc
29.30 fectto tho poiDtoftaqalCyofAidc:urve, Aid painl beiDa SoUIb 90 dqrecs 00 miautCI OO~EatS44-'O fcet ftom Il1o ndius poinloralld .
c:un't; 9) South 00 dqrecsOO mmllla 00 IeCOIIds Eat 13.14 feet; 10) South~ depMOOm.iDala OOMODdl W..2I.991bc1; II) SNbOO cleat-OO
minuta 00 Mconds EMt 755.04 feet to IIIe POINr OF BEOINNINO orlhil cIeacriptioa; tbeDce SoudI 06 cIepeca 23 miDuIes 12 -.!sEMt 194.95 foot 10
Iho eesIerly riatur-w.y line o(ComnwzIity Drive IIId a poiIIl 011 a QIMI concave ~y,tile rMIas poIal o rAid c:urve -.Nord! 51 &osr-19 DIfIaIIeI
361CCODds Eat 144.00 foet &om Aid poiDI; ~IIoaa \be ~y riIbI..,r....,.1iDc orCommunlty Drm by \be _line (3) coaIIeI; I) aortberIy aIoq
Aid c:urve 71.3~ r.to the polm or~or llid ~said pain! beIDa SoudII6 cIepc:s 42 miauteI 561OC011d1 wa:t 144.00 feet 110m 1bD ....poiIIl
o(Aid ~Aid poiDt IIao beina the po1lll orcur\'IIIIR of. cmve _ euII:dy, the ndlas poiDt orMid _ bcina North 16 cleF-42111iDuka 56
IIeCOIIda EMt 219.00 (eet ftom llid point; 2) DOI1borIy 110lIl uld CUM: 16S11iod to \be poiDt orlallpllCy o(Aid curve, Aid poiIII-.North 90 ciesr-00
minuIIII 001CCOlldl Wa:t219.00 feet from \be nell... point ofald c:urve; 3) Nora. 00 cleat-00 miIaItca 00 ICCaIds Eat 109.82 foot 10 \bepl.OIDr . . \IeainDiDi. c:oatainIna 0.036 Iaa, man: or lea. .
"'\JS1IJlI~"""_ ,-,...-...
\\\,\",,,.1""""'111. ,"'~~~\S C. It,:"".:>~.'.--...·v.... -..f (j .....-~;--..".(\ ~
g.": ~ No,""'\ ~ ~ ~ \ 80040348 ~
\ \ STAlEOF !J\;,~~~ 0'<-.1"",,~ SUR\I~>'"
1111'"1111"'\\\
STOEPPELWERTH & ASSOCIAlIS. INC,
CONSULTING ENGINEERS & lAND SURVEYORS
7965 East l06th Street, FIshers, IN 460JB
(317) 849-5935 fAX: (317) 849-5942
ORAI'M BY: RJC PAGE
2
OF' 4 SHEETS
CHECKED BY:
SCALE: 1· -200'
DAlE: 02/26/2008
JOB NO. 5511551
"" 1~~"'~AGlZ.mnx:a11:D:23,....~
----
STORM SEWER EASEMENT EXHIBIT
PREP ARED FOR: EAST CARMEL, LLC
THE LEGACY -COMMUNITY DRIVE
N.W. COR., N.W. 1/4, A . lINE. H.W. 1/" SEC. 23, T.leN., R.4E. N.E. COR., N.W. 1/4,8 $tc. 2J, T.leN.• R.4E. y ___----N
N88"Onrw 268~eo' __ __S£c. 2J, T.leN., ~.4l. 8.
NII9'OJ'27"W 1124.115'
1461H SlREET
5anIQ.Y1IOfT-<F-IMY IJ/(N r
'"
~
.....GRAPHIC SCALE ~ ,.,
o 100 200 400 I~ / ~ ! ~ /
Ii ~1~( IN FEET) C-l ./. L-6, ,1'11 Inch -200 fL L-5~ ~ ~ \ ,~ j/~ \
L-4
IS J/~ "'-. -
• 1IIl.34' SCALE: '"-100'.
-C-3
~. No \ February 18,2008 :: ( . \ :. 1 1
§ 80040348 I g-\ : ~ 10 T~ \ ST...TEOF /.' § -W.~ ~ ~ ~<"-V....>/....Dt...~"/ OQ:! .....".. vO ....-........~, ,.:-'
""" SU R'IJ v""" 111""11111"\\\ ~I/ ~ c II ', ~ I~
I \ Ii 1
( ""
.... \ ,
/ ~,
.O.B~ESWT , ,P.O.9./ESMT ,) I &--mill-·=~-u"-+\ \
I\~,.~.. '<p~ I"" -'-" ....'1f oP-#,'" ~I'--.-
DETAIL: ESMT Ii 2
sC"'LE: '".100' I ~I
L:.ERRY eRE£/( BL YD, I
NOT£: i;i I I
TH1S DRA'MNC IS NOT INTEHOEO TO
BE R£PRESOIm> AS " RETR"CEWENT OR ORIGINAl. BOUNDARY SURI/[Y, A " ,....---JROUTE S\lRII[Y 00 A SURII[YOO
l.OCAnON REPOOT.
_MA~_ \ /
L'
DRAWN BY: RJC PAGE
STOEPPELWERTH & ASSOCIATES, INC, CHECKED BY: 3-------------------------~I ----------~ CONSULliNG ENGINEERS & LAND SURVEYORS SCALE: I" -200'
7965 East l06th Street, Flshu9. IN 46038
(317) 849-5935 FAX: (317) 649-5942 DA TE: 02/26/200B
JOB NO. 5511551 OF 4 SHEETS
\\\\",11".""""~H:t¥ ,."" ~\S C. 11111,
Registered Land Surveyor .~ "::,~_~,,,,-,/!v. '" $ u ..... ~STEIi ... ~~ No. 80040348 f !~ ~'\ ~ bC-2
SOO'OO'OO"W DETAIL: ESMT Ii 1
1:'IM11111.....,.,.CIW~...' .... J.~'1=-OAM.,..,.
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LlC
THE LEGACY -COMMUNITY DRIVE
LINE
L-l
L-2
L-3
L-4
L-5
L-6
L-7
L-8
L-9
L-1O
L-l1
L-12
L-13
L-14
LINE TABLE
LENGTH
39.40'
25.33'
84.93'
6.63'
28.99'
13.14'
2.07'
89.13'
6.87'
38.50'
30.00'
37.47'
CURVE TABLE
CURVE RADIUS ARC lINClH TANGtNT CHORD B£ARlNG CHaw lINGnl DELTA
C-l 544.50' 41.41' 20.72' N0210'44"E 41.40 4'21'27"
C-2 455.50' 34.64' 17.33' S0210'«"W 34.63 4'21'27"
C-3 455.50' 24.51' 12.26' 501 "32'30"E 24.51 3"04'59"
C-4 544.50' 29.30' 14.65' N01'32'30·W 29.30 3"04'59"
C-5 455.50' 23.15' 11.58' N01'37'37"W 23.15 2'54'45"
C-6 14400' 71.35' 3642' S17'28'44"E 70.62 28'2,1'20·
C-7 289.00' lS.57' 8.29' 501'38'32"E 16.56 317'04"
,\\\"''''"''''''''''11 "", ~'f,1S C, tytl""~~'~/~~""""' ~.A",;.~ vrt"l~" ... "~ ~ ~ (~ \ ~ ~ No, \ ~~~H~/# g 80040348) §
Registered Land Surveyor ~ \ STATEOF / jNo. 80040348 ~~':-..IIiDlAW' /OC'(:-fFcbrulll)' 26,2008 ~, '1tD'-_...... :"l ,...~
""" SUR-..J~",,"
1II''''IIItIl\'\\\\\
STOEPPELWERTH & ASSOCIATES, INC,
CONSULllNG ENGINEERS & LAND SURVEYORS
7965 East l06th Street. Fl5hers, IN 46038
(317) 849-5935 FAX: (317) 8~9-5942
DRAWN BY: RJC PAGE
4
OF 4 SHEETS
CHECKED BY:
11---------1SCALE: , ... 200'
OA1£: 02/26/2008
JOB NO. 5511551
.;\JItt.t......,..-row~PI\ClI!..___,,:IH3_,..,.
ACCEPTANCE
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel,
Indiana, its Easement Agreement ("Agreement"), which Agreement is hereinabove set forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that this Agreement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Cannel, Indiana, by and through its Board of Public Works
and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana,
accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the
County ofHamilton, State of Indiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board ofPublic Works and Safety
BY:
James·Brainard, Presiding Officer
Date: ____________________________________
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ArrEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
I affinn, under the penalties for perjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.
(~b:J:l'1S\\'ord:i;\jcpcy (a.k..I . earltwn)\I(f;lI-docs\lgy ml&2-JOW &nd cucmcntsl.lgy ml -Ilm scwc:r eas.cmc:nl d~ft.d~1V6I08J
APPROVED, .AS TO
FORM BY: ~
Prior deed reference: _____________
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement), is entered into by and between East
Cannel, LLC ("Grantor"), and the City of Carmel, Indiana, by and through its Board of Public
Works and Safety ( "Grantee"), for public right-of-way and related purposes, as follows:
1. Grantor is the fee simple owner of the real property described in Storm Sewer
Easement Exhibit, attached hereto and incorporated herein (the "Real Estate").
2. For One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee
a perpetual non-exclusive easement ("Easement") that shall run with the land and which shall be
limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate
and/or remove certain storm sewer structures and/or other drainage facilities through, upon, over,
along, under and across the Real Estate, together with the right to do all other lawful acts and
things not inconsistent herewith and requisite or necessary for the full enjoyment of the
Easement.
3. Grantor expressly reserves all right, title and interest in and to the real estate
described above not specifically granted to Grantee, as well as the right to use or pennit the use
of the Easement by others for any lawful purpose not inconsistent with the rights granted to
Grantee herein.
4. The Easement is made subject to all prior easements, agreements, restrictions
and rights-of-way of record.
(<I>_;l:II<poy('J<.&._)~-doCI\II)'mlA2.""'IIId-"ml."'''''''_cln~'''6ml
5. It is understood that all the provisions of this Agreement are stated herein and
that no verbal agreements or promises will be binding on the parties hereto or their successors in
interest.
6. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Indiana.
7. This Agreement, upon execution by both Grantor and Grantee, is and shall
remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners,
successors, assigns and legal representatives in all respects as to all covenants, agreements and
obligations contained herein.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this ~day of AV{fvr-r ,2008.
"GRANTOR"
East Carmel, LLC.
BY: Platinum Properties, LLC, it's sole
member ~ BY:~~ · ·
Steven R. Edwards
Vice President -Chief Financial
Officer
[c:b:msword:i:~cy (a.k.a. earllwn}\lcpl·doa\Jgy ml&2· row and easemcnts\lC)' mI · snn sewa ca.setna2draft.doc::816/0S)
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Steven
R. Edwards, the Vice President -Chief Financial Officer of Platinum Properties, LLC, the sole
member of East Carmel, LLC. ("Grantor"), who acknowledged the execution of the foregoing
"EASEMENT AGREEMENT" as hislher voluntary act and deed.
Witness my hand and Notarial Seal this t,lI day of 41zVZf , 2008.
~~~) TIMOTHY J. WALTER
Hamillon County
My Commission Expires
November 11,2015
d:~r;~ ...
.---_. ---... ---{U~L' ~
My Commission Expires:
Printed Name
My County of Residence: _______
(c::b:msword:i;\lq;.acy (...k. ... carlham)\Jtg1I-dc:>c\lgy ml&1-row and c:ascmcnls\Jgy mi. sim SewC7 casemcr3dnn,doc:816!08]
ACCEPTANCE
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel,
Indiana, its Easement Agreement ("Agreement"), which Agreement is hereinabove set forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that this Agreement is desirable
and necessary to the City.
NOW, TIIEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works
and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana,
accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the
County of Hamilton, State ofIndiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date: ____________________________________
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date: ___________--'-______
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date: __________________
I affinn, under the penalties for peljury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.
(eb:JmWOrd :i:\lcpcy (l.k~ rariham)\kpl-does\lgyml&2-TO"'-and ea.s.emcnL(l1lY ml·1UI1 ~ue:ucmen dntld48161(8)
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
NW, COR" NW. 1(4
SEC. 23, T16N, R4E
N69'03'27"W
'2582,80'
146th STREET
N. LINE. NW. 1(4
SEC. 23. Tl8N. R4E NE. COR. NW, 1(4
SEC. 23. Tl6N. R4E A
SQO'Se'JJ"W
".18'
.''21'27' A.S....SO·
L••1.."
T-20.72'
NOW OR FORa.tERLY
EAST CARMEL. LLC
INSTR, No. 2007()433g8
1Ifl~'2T'W 12'. ~'
rS'L Y RIC/"IT OF WAY LINE
~.• f:: ~ ~
~~H!~
Registered Land Surveyor
No. 80040348
July 30. 2008
"\\\,,,111 I""""," ,." .....~\S C, 1..,/ ."t,
:'It"" ~ '''{''' .---.... --..'7v., " ic>v/~~....~~ f
~ HOPEWELL PARKWAY z (PROPOSEO) \ _ . II I
:::l Rt~~~~~ II I ~ ~' STATUTORy [ASl:II'fNT \ I , .""" 1---;=::::::L.. or BANK DR_______-----.:f'ROU TOP Io I CENT[R or TU It I
() LINE TABLE II~' -:
UNE BEARING LENGTH I~ rooT : -/; I
L-I S57'49'10"E 1500 UTUTY[AS[...EHT~:J I r.--;;-t--====~~:':":"::':":""-1 I<STR. No. 200e0~JI7J ' L-2 585'38'33"( 19.43 I,'
L-3 S90'OO'OO"E 116.15 /., , ' I
L-4 ,14. /~NOO'OOuu W
43.21N7619'53"rL-5 7:;·'
,
,l~ ~\,, ; 24.56S90'OO'OO"rL-6 ~, No \"
29,08N65·37'.37"(L-7 (/ /> ·4~ i 8004034a) ~
L-6 517'54'34"[ 36.66;, \ STATE OF / §-... '''-' N90'OO'00"W 31.5.3L-9\ <.yA~'·.!Iif:AA~~.. ·/cYlI. 'I'D ---" ~ " L-l0 7.36NI7"54'34"Wtt", SUR'oJ~ "••,
""",,,Ult"""'\\ N90'OO'OO'WL-ll 234.06
L-12 Soo'OO'OO"E 7.00
L--......j L-13 N90'OO'OO"W 30.00
L-14 NOO'OO'OO"W 7.00
N90'OO·00·WGRAPHIC SCALE L-15 186.67
o 100 2DD S65'3T37"W . 16.96 -I L-16l N9D'OO'OO"W 64.06I L-17 ~..-CURVE TABLE( IN fEET )
I Inch c 200 II
CURVE CHORD BEARING
C-l 587'49'16"E
NOT[:
IMIS DRAWING IS NOT I<T[N()(O TO BE II£PIItS[NT[O AS A R[TIIAC[IoI(NT
OR ORIGINAL BOUNDARy 5UR\II:Y, A ROUT[ 5UR\lEY OR A S\m\IE'I"OA LOCATION AEPORT
DRAWN BY: TLB
STOEPPELWERTH & ASSOCIATES, INC. CHECKED BY:
CONSULliNG ENGINEERS & LAND ·SUR\f:YORS II-------~
SCALE: I" ~ 200'
7965 (osl 1061h Slreel, Fishers. IN 460J8
(317) 849-5935 FAX: (317) 849-5942 DATE: 07/30(2008
PAGE
1
JOB NO. 5511551 or 2 5HEETS
5:\5511&5lldwg\3O FOOT STORM SEWER EXHIBIT.dwg, ~EXIEIT, 7/3112008 8:18:38 AM. _,1;1
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
A part of the Northwest and NortbeastQuartcrs of Sec bon 23. Township 18 North. Range 4 East, Clay
Township. Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast Comer of the Northwest Quarter ofsaid Section 23; thence North 89 degrees 03
minutes 27 seconds West along the North line oflaid Quarter Section a distance of 624.85 feet; thence South 00
degrees 56 mmutes 33 seconds West, perpendicular to said North line a distance of94.18 feet to the North line
of real estate recorded as Instrument Number 2007043398 in the Office ofthe Recorder of Hamilton County,
indiana. said POIDt also beIDg the southerly right ofway line of 146th Street and the proposed easterly right of
way of Community Dnve: thence along said easterly right of way by the next three (3) calls; 1) South 00
degrees 00 minutes 00 seconds EIIt 220.22 feet to the point ofcurvature ofa curve concave westerly, the radius
point of said curve being North 90 degrees 00 mmutes 00 ICCOnds West 544.50 feet from said polDt; 2)
southerly along said curve 41.41 feet to the .point of tangency of said curve, said point being South 85 degrees
38 minutes 33 seconds East 544.50 feet from the I1Idius point of said curve; 3) South 04 degrees 21 mmutes 27
seconds West 20.03 feet; thence South 85 degrees 38 minutes 33 seconds East 122.74; thence South 57 degrees
49 minutes 10 seconds East 15.00 feet; thence South 85 degrees 38 minutes 331CCOnds East 19.43 feet to the
point of curvature of a curve concave nortberly, the I1Idius point ofsaid curve being North 04 degrees 21
minutes 27 seconds East 127.00 feet from said point; thence easterly along said curve 9.66 feet to the point of
tangency of said curve. said point being South 00 degrees 00 minutes 00 seconds East 127.00 feet from the
radius POIDt ofsaid curve; thence South 90 degrees 00 minutes 00 seconds East 116.15 feet to the POfNT OF .
BEGINNING oftlus description; thence North 00 degrees 00 minutes 00 seconds West 14.79 feet; thence NOrth
76 degrees 19 minutes 53 seconds East 43.21 feet; thence South 90 degrees 00 minutes 00 seconds East 24.56
feet; thence North 65 degrees 37 minutes 37 seconds East 29.08 feet; thence South 90 degrees 00 minutes 00
seconds East 479.06 feet; thence South 17 degrees 54 minutes 34 seconds East 38.88 feet: thence North 90
degrees 00 minutes 00 seconds West 31.53 feet; thence North 17 degrees 54 minutes J.4 seconds West 736 feet
to the South line of a utility easement as recorded in Instrument Number 2008033173 in said Recorder's Office;
thence North 90 degrees 00 minutes 00 seconds West along said South line II distance of234.08 feet; thence
South 00 degrees 00 minutes 00 seconds East 7.00 feet; thence North 90 degrees 00 minutes 00 SCCOIIds West
30.00 feet; thence North 00 degrees 00 minutes 00 seconds West 7.00 feet to the South line of said Utility
Easement; thence North 90 degrees 00 minutes 00 seconds West along said South line a distance of 186.67 feet;
thence South 65 degrees 37 minutes 37 seconds West 16.96 feet; tbence North 90 degrees 00 minutes 00
seconds West 84.06 feet to the place ofbeginnlng, containing 0.395 acres. more or less. subject to all legal
highways, righl5-<lf-ways. easements, and restrictions of record.
S.",,.I"'1iAp/I£QIbIl\lO FOOTSTOIUoI SEWER EASE Illf
lilly U. 3001,11>
\",,,n""I"11
""", ~\S C. ",,""'"~~HuC{¥ ,,' .,,,?-...".-.... VA'-.,
RegtSteced Land Surveyor ~ CJ~.·~;,G\S1l:~~···...~':::. ~ ." ~''--~l)"" 0;.No. 80040348 i { No. \ ~ July 30. 2008 ~ \ 80040348 J ~
\ \, STATE OF / ff ~ (.. "', '1fOIA~ /09N~ -.,A. ·.... "'_1' ~ "" 'va .......-...... ~, ,~
I"", SU R\I v"""111''''lml'''''\
NOT(;
THIS DRAWING IS NOT tlT[N()EO TO BE R£PR[5[Nl[D AS A R£TR.\C£IOENT
OR ORIGINAl BOUND~Y SURVEY. A ROUTE SUR\'tY OR A SlRVEYOR LOCA nON R£PORT.
STOEPPELWERlH & ASSOCIATES, INC. .CONSULliNG ENGINEERS & LAND SURVEYORS
7965 (osl 106lh SIIeol. rlshers. IN 46038
(317) 849-5935 rAX: (317) 849-5942
DRAWN BY: TLB PAGE
2
or 2 SHEETS
~I------------~ CHECKED BY:
SCALE. NA
DATE . 07/30/2008
JOB NO. 5511551
S;15511S51\dwg\JO FOOT STORJ.I &eWER EXHIBIT.dwg. RW EXHIBIT 12). 7fJ112OO3 8:33:10 AM, _ 1:1
SOO~' JJ'W
" .111'
M89'OJ'27'" 51c."·
'1 II
5'LY RIGHT Of' WAY LINE
"'7"2'· ".5-4".~' l-"1.4" T-20,72'
~... ~2 ~ ... I I _
I I~ root U£HT ',," r= I--. r UTl.ITY [~3173 ~' -iI INSTR, No. ,_
' r PROPOS[D II ANOSCAP[ ___• 1 I L AS[U£NT _______ . _ ,, _
NOW OR FaUoIERlY I, ::-1 ~..-::-_:--=..=..::::._____
HOPEWELL PARKWAY.
BEARING
557'49'10·E
565')8'33"[
N90W'OO"W
S04'46'02"W
(PROPO~D) \
R[~:~R~~
LENGTH
15.00
19,43
0.75
7,72
,~' STATUTORY [AS[U£NT \ rRON 1CP Of' lANK OR
C(H1[R Of' TU I
15 roo! i' 1/,UIlUTY [ASOI[H! I I~ ~
INStR. No. 20080JJ"~ i'
I
I ' ;.'" ' '/ 1!1O' . " "
I ',' 4
N89'03'27"W
2662.60' ~~2~n_R~A
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
146th STREET
N, LINE, NW, 1/4
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GRAPHIC SCALE CURVE TABLE coo
CURVE CHORD BEARING DELTA
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IN rEET )
Inch., 200 fL
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THIS ORA_C 1$ MOT t<T[H[)(O TO BE R£PR£S(HtEO AS .. R(TRAClIlEHt
OR OflIClNAl 8OUIOARY Sl.OM:Y, A ROUtE SURVEY OR A SURVEYOR LOCAUON REPORt
EAST CARMEL. U.C
1NSlR. No. 20070433116
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Reglstm:d Land Surveyor LINE TABLE
UN[No, 80040348
Iuly 30, 2008 L-I
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DRAWN BY: TlB PAGE
STOEPPELWERTH & ASSOCI AITS, INC,
CONSULliNG ENGINEERS & lAND SUR'wUORS 1-1--------1
796~ [osl 106111 Sireel, nsllars, IN 46038
(317) 8~9-5935 rAX: (3171 849-5942
SCALE: I" -200'
CHECKED By: 1DATE: 07/30/2008
JOO NO. 5511551 OF 2 SHEETS
S:\IJ511l1S1\dwg13O FOOT STORM s~EXHIBIT 2.dw!J. RW EXH8IT, 1/3Il2008 8:09:41 I'M _ , 1: t
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
STORM SEWER EASEMENT DESCRIPTION:
A part of the Northeast Quarter ofSection 23. Township 18 North, Range 4 East, Clay Township. Hamilton
County, Indiana. more particularly described u follows:
Cornmencmg at the Northwest comer said Nortbeast Quaner Section; thence North 89 degrees 03 minutes 27
seconds West along the North line of the Northwest Quarter ofsaid Section 23 a distance of624.8S feet; thence
South 00 degrees S6 minutes 33 seconds West, perpendicular to said North line a distance of94.18 feet to the
North line ofreal estate recorded u Instrument Number 2007043398 in the Office of tile Recorder of Hamilton
County, Indiana. said point also bemg the southerly right of way line of I46th Street and the proposed easterly
rigbt of way of CommuDity Dnve; thence along said eutcrly right ofway line by thi: DCxt three (3) calls; I)
South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly,
the radius point ofsaid curve being North 90 degrees 00 minutes 00 seconds West S44.S0 fcet from aaid point;
2160utherly along said curve 41.41 feet to the point oftan,ency ofaaid curve, said point being South 8S degrees .
38 mrnutes 33 seconds East S44.S0 fect from the radius point ofaaid curve; 3) South 04 degrees 21 minutes 27
seconds West 20.03 feet; thence South 85 degrees 38 minutes 33 seconds East 122.74 feet; theoce South S7
degrees 49 minutes 10 seconds EastlS.oo feet; thence South 8.S degrees 38 minutes 33 seconds East 19.43 feet
to the point of curvature ofa curve concave northerly, the radius point of said curve being North 04 degrees 21
minutes 27 seconds East 127.00 feet &om said point; thence easterty along saId curve 9.66 feet to the point or
tangency of said curve. said point being South 00 degrees 00 minutes 00 seconds East 127.00 feet from the .
radius point of said curve; thence South 90 degrees 00 minutes 00 seconds East 7S 1.88 feet; thence South 00
dcgrees 00 nunutes 00 seconds EasI46.00 feet; thence North 90 degree; 00 minutes 00 seconds West 0.7S feet
to the POINT OF BEGINNING of this description; thence South 04 degrees 48 minutes 02 seconds Wesl 7.72
feet; thence South SS degrees S8 minutes 29 seconds West 4.S5 feet; thence South 42 degrees 32 mmutes 47
SCtXInds Easl 74.07 feet; thence South 00 degrees 20 minutes 33 lecoods East 44.66 feet; thence North 42
degrees 32 minutes 47 seconds West 120.94 feet; thence North 69 degrees 41 minutes 32 seconds West 58.67
feet; thence South 90 degrees 00 minutes ()() seconds East 90.87 feet to the place of beginning. containing 0.092
acres. more or less.
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tHIS ORAl'fWG IS HOT "lDI)£C TO 8( RtPR(S(HT(C AS .. RETR..a:"[NT
OR ORIGINAl 80UNCAIIY SURVCY. .. ROtHE SUR'IE Y OR .. SURVtYDR lOCATIOH RrJ'ORT.·
DRAWN BY: TLB PAGE
SCALE : NA 2
STOEPPElWERTH & ASSOCIATES, INC.
--------------------------rl------------~ CONSULllNG ENGINEERS & lAND SURVEYORS
7965 [051 106lh Sireel. rishers. IN 46038
(JI7) 849-59~ rflx: (JI7) 849-5942
CHECKED BY:
DATE . 07/JO/2008
Joe NO. 5511551 or 2 SHEETS
5:\S51111S11dw!11JO FOOT STORM ~EXHIBIT 2.""U. RW EXHiBIT 121. 713112008 ':13:19 NA. _.1:1
...
-
cI.IEL
August 11, 2008
JAMES BRAINARD, MAYOR Board of Public Works
One CIvIc Square
carmel, Indiana 46032
RE: STORMWATER DETENTION VARIANCE REQUEST -DAIRY QUEEN REBUILD
Dear Board Members:
Mr. Richard Kellv of Evans, Mechwart, Hambleton & TIlton, Inc., on behalf of Khoury Enterprises, Is requesting
a variance from section 302.03 of the Oty's Stormwater Technical Standards Manual that requires post
developed allowable release rates from site be no greater than 0.1 cfs per acre of development for 0-10 year
return Interval storms and 0.3 cfs per acre of developed area for 11-100 year return Interval storms.
Points of concern for allowance of variance and/or benefits thereof:
1. The owner has endured a hardship In that the existing facility was recentlv completelv destroyed bV
fire.
2. Aspects of the Rangeline Road Zoning District Indicate that the petitioner could replace with an In
kind facility without any Oty approval excepting an ILP. Ifthls was the case, the site would then
continue to generate and discharge runoff without any detention as In the past.
3. Of primary Importance to the petitioner Is to be open for business as soon as possible and without
the need to acquire additional property (which Is not readllv available).
4. The petitioner Is proposing to update the facility from both a physical appearance as well as a service
phllosophV·
5. To provide the new facility and the required parking and other amenities required bV Code or as
requested bV the City, there Is limited space on the site for storm water management that would be
required to conform to the release rate standards. The elevation of the storm outfall as well as cost
considerations under these circumstances, limit the ability to provide underground detention.
6. Proposed Improvements reduce the amount of Impervious area and thereby the amount of
stormwater runoff discharge from the existing condition.
7. Strict application of this standard will result In practical difficulties ofthe use ofthe property
requiring other variances to be obtained (i.e. parking area, etc.) and addltlonallv would hinder both
the petitioner's development desire and the CIty of carmel's development vision for this location.
8. Some detention will be realized In the proposed storm water quality best management practices.
The Department supports the above Items and recommends that the Board approve the requested variance
from section 302.03 of the City's Stormwater Technical Standards Manual.
Sincerelv, • /) ./
/!J~1~~
Michael T. McBride, P.E.
City Engineer
\\Apps2\user data\eng\shared\DHIII\DairyQueenStormwaterVarlance.doc
DEPARTMENT OF ENGINEERING
ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
~
lEI MH &T
Evans. Mechwart. Hambleton /l. Tilton. Inc.
Engineers. Surveyors. Planners. Scientists
August 2, 2008
City ofCannel
Board of Public Works
One Civic Square
Cannel, Indiana 46032
Re: Dairy Queen Rebuild -951 N. Rangeline Road
Variance Request -Stormwater Detention
Dear Members ofthe Board:
On behalf of Khoury Enterprises, we respectfully request a variance from the stormwater
release rate provisions as required under Section 302.03 of the City of Carmel Stormwater
Technical Standards Manual. This request is based upon the characteristics of the site and
unusual circumstances related to this project which is being undertaken in the wake of a fire
which completely destroyed the previous building. Due to the site constraints as listed as
follows, the Owner respectfully requests a variance to discharge stormwater from the site at
rates greater than the allowable"release rates specified under Section 302.03:
1. The owner has endured a hardship in that the existing facility was recently completely
destroyed by a fire.
2. To provide the new facility and the required parking and other amenities required by code
or as requested by the City, there is limited space on the site for a stormwater detention
facility which would be required to meet the allowable discharge rates. Existing grades
or surrounding properties and storm outfall limitations further limit the ability to provide
on-site detention.
3. Proposed improvements reduce the amount of impervious area and thereby the amount of
stormwater discharge from the existing condition.
4. Strict application of the standard will result in practical difficulties of the use of the
property requiring other variances to be obtained (i.e. Parking area) and additionally
would hinder the petitioner's development desire.
We thank the Board for considering our request for variance.
Sincerely,
MECHWART, HAMBLETON & TILTON, INC.
M C
7400 North Shadeland Avenue. Suite 150. Indianapolis. IN 46250 • Phone 317.913.6930 • Fax 317.913.6928
Cotumbu5 • Cinci'1nati • Indianapolis· Chortotle
emht.com
c LAugust 13, 2008
JAMES BRAINARD, MAYOR Board ofPublic Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: Guilford Patio Homes -Stormwater Tecbnlcal Standards Variances
Mr. Jim Shields of Weihe Engineers, Inc., on behalfofUptown Partners, LLC, is requesting variances from
the City ofCarmel Stormwater Technical Standards Manual.
The Department ofEngineering established that the permanent drainage outfaU could not be directed to the
north, east or south due to existing drainage history ofthese areas and the limited ability ofthese systems to
accept additional runoff. The Department worked with the petitioner to allow the drainage to discharge to
the City's storm sewer system proposed with the Guilford Road improvement project. The schedu1e for
implementation ofthis project has been extended beyond the timeframe ofthis project and an interim
drainage outlet was established. In order to discharge to the interim drainage outlet, modifications to the
design ofthe site were required. The petitioner has agreed to make these changes; however, several
variances are also required to facilitate the site discharging to the interim outlet. Other variances, not
related to this interim outlet, have also been requested. The permanent drainage outlet for this development
will be the future trunk line ofthe City'S storm sewer system.
The following variances are requested as a result ofthe interim outlet:
I. Section 302.06 (2) -"Tbe 1000year elevation for stormwater detention faclUdes sball be
separated by not less tban 25 feet from any buDding or structure to be occupied."
The petitioner has indicated that the design ofthe site prior to the change required to discbarge to the
interim outlet confonned to this standard. However, the current site design requires the water to stage
higher into the detention facility resulting in Units 19-23 and Unit 24 being only 17-feet away from the
IOO-year elevation ofthe detention facility.
The Department supports this variance request due to the fact that the proposed detention facility is a
dry detention facility that will able to be maintained from within the facility, not solely from the banks.
2. Section JOS.N -"Minimum and maximum allowable slopes sball be those capable of
producing velocities no less tban 2.5 and no greater tban 10 feet per second, respectively,
wben tbe sewer Is nowlnK at full capacity, not average velocities or velocities resulting from
conveying the now from tbe design storm."
This variance is requested for the outfall pipe only. Due to the elevation restrictions ofthe interim
outlet and a limit on how high the site could be raised (such limit being affected by the availability of
soil material, the existing elevations ofthe adjacent properties and the proposed perimeter drainage
improvements), this pipe is proposed at a slope that will result in less than the minimum velocity at full
pipe flow.
The Department supports this variance request due to the fact that approval ofthis variance would be
expected to result only in the potential for increased maintenance ofthis pipe to remove accumulated
sediment within the pipe. Since the runoff from the site will be treated by the proposed on-site best
management practices, the potential for sediment accumulation will be limited.
3. Section 501.01 -"....tbere sball be no less tban 2.5 feet of cover along any part of tbe pipe
from final pavement elevation or final ground surface elevation to tbe top of the pipe."
DEPARTMENT OF ENGINEERING
ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
Board of Public Works and Safety
August 13,2008
RE: Guilford Patio Homes -Stonnwater Technical Standards Variances
Page 2 of3
As with the variance from Section 305.04, the limit on how high the site could be raised affected the
minimum cover provided over the stonn piping.
The Department is willing to support this variance provided that Class V reinforced concrete pipe is
installed under paved areas where the minimum cover is not provided. Such pipe should limit the
potential for more frequent maintenance ofthe overlaying pavement system.
4. Section SOI.03 -"A minimum drop of0.1 foot tbrougb manboles and Inlet structures sbould
be provided. " (plans do not sbow tbe 0.1 foot drop)
In order to provide as much cover as possible over the piping system (even though the minimum cover
was not provided in some cases thus requiring the need for the variance from Section 501.0 I) the
piping system is proposed without this O.I-foot drop.
The Department is willing to support this variance due to the filet that the absence ofthis drop is not
expected to have a negative impact on the hydraulics ofthe proposed piping system due to the limited
size ofthe piping system.
The following variances have also been requested:
I. Section 302.02 -"........requiring all onslte to be contained In a dry or wet detention pond".
A small area on the south side ofthe property is not planned to be detained in the main detention
facility. The runoff from this area is intended to "recharge" the existing wetland area on the property
as the majority ofthe watershed draining to this wetland is being redirected into the main detention
facility.
The Department is willing to support this variance due to the fact that the nmoffto Timber Creek
Condominiums is being reduced from the existing condition and some amount of water is needed to
maintain the existing wetland.
2. Section 302.06 (7) -"Minimum orifice size on pond outlet is 6 Incbes."
The proposed stonn water detention facility is proposed to also function as a storm water quality best
management practice (BMP). To function as a BMP, a smaller orifice is required.
The Department is willing to support this variance provided that the Stonn Water Pollution Prevention
Plan requires more frequent maintenance ofthis outlet structure to ensure that the orifice does not
become obstructed by debris or other material.
3. Section 306.02 -" .....30' easement over piping from tbe rigbt-of-way."
The approved site plan for this Horizontal Property Regime (HPR) development does not provide
adequate width for such an easement to achieve the number ofcondominium units along the Guilford
Road frontage.
The Department is willing to support this variance provided that the piping from the right-of-way is
maintained by the developer (and subsequently the HOA).
The Department recommends that the Board approve the requested variances conditioned upon the
following:
I. The petitioner include in the project's Storm Water Pollution Prevention Plan requirements for
regular maintenance ofthe orifice to ensure it is kept clear ofdebris that might restrict the flow out
ofthe detention facility.
2. The petitioner enters into an Agreement with the City to maintain the piping from the right-of
way.
3. The petitioner include in the project's Storm Water Pollution Prevention Plan requirements to
maintain the outfall pipe on a regular basis to ensure that it is free from any silt or debris that
might accumulate within the pipe.
Board ofPublic Works and Safety
August 13, 2008
RE: Guilford Patio Homes -Stormwater Technical Standards Variances
Page 3 of3
4. The petitioner installs Class V reinforced concrete pipes where less than 2.5 feet ofcover is
provided under paved areas.
Sincerely,
/17. 17. 717~
~ike T. McBride, P.E.
City Engineer
\\Apps 2\user daIB\cng~hared\DHilI\BPW08\GUILFORDPATIOVARIANCES.DOC
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August 11,2008
Carmel Board ofPublic Works
clo Engineering Department
Cannel City Hall, First Floor
One Civic Square
Carmel, IN 46032
RE: Requested to be placed on August 20, 2008 Board ofPublic Works and Safety for approval.
Dear Members ofthe Board:
On BehalfofUptown Partners, LLC, We would like to request to be placed on the Board for approval of
Guilford Patio Homes.
The following variances are to the stormwater manual requirements and construction approval for the project
a. Section 302.06, paragraph 2: the lOO-year elevation for stonnwater detention facilities shall be
separated by not less than 25 feet from any building or structure to be occupied. The reason for this
request is that the site had to be raised from initial design because the Guilford road improvements
were delayed and a temporary solution to outlet into an existing storm system on the east side of
Guilford, as the Engineering Department indicated in their review that the Stonn drainage could not
outlet to the North, East or South. In order to meet the 25 feet, units would have to be removed. This
would not be feasible for the development.
Units 19-23 and 24 is approximate 17' from the l00-year. With this being a dry detention Pond
and one side has a Ingress/Egress Street, that maintenance to the dry detention area could occur
within the top ofbank.
b. Section 501.01: there shall be no less than 2.5 feet ofcover along any part ofthe pipe from final
pavement elevation or final ground surface elevation to the top ofthe pipe. This is the direct result as
the site had to be raised to meet the temporary outlet. In order to not have to raise the site so that it
would be too high for the surrounding area, the following solution was planned.
Class V reinforced concrete pipes are being proposed in the areas that are less than 2.5 feet under
pavemenl This will be a privately maintained system.
c. Section 305.04: Minimum and maximum allowable slopes shall be those capable ofproducing
velocities no less than 2.5 and DO greater than 10 feet per second, respectively. when the sewer is
flowing at full capacity, not average velocities or velocities resulting from conveying the flow from
the design stonn. This is requested for the outfall pipe only. This pipe has been designed to store
additional flow and is below minimum velocity. With the outfall elevation ofthe existing storm
system being too high, the slope wasn't sufficient to produce the minimum velocity.
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d. Section 501.03 . a minimum drop of0.1 foot through manholes and inlet structures should be
provided. This request is being asked in order to keep the amount offil1 to raise the site at a minimum
and since this is a privately maintained system.
e. Section 306.02; 30' easement over piping from the right-of-way. This Property is going to be an
Horizontal Property Regime (HPR). Each unit will be a lot (wall to wall), while all areas outside the
buildings will be common areas and are a blanked Drainage and Utility Easement, Covenants will be
prepared that the HOA must have a maintenance agreement in place for the HOA to maintain the pipe
since this will be a privately maintained system.
f. Section 302.06-7. Minimum orifice size on pond outlet is 6". For Water Quality Design, a
extended dry detention is planned for the BMP. This BMP design requires a minimum orifice size
less than the 6" in order for it to operate as a BMP and treat the water prior to entering the City of
Carmel Sewer System.
g. Section 302.02, requiring all onsite to be contained in a dry or wet detention pond. A small area on
the south side ofthe property is not planned to be detained in the main dry detention. This area is
being treated by an infiltration trench for water quality before directly outleted into the existing
wetlands area to "recharge" the wetland area. The area is small enough and less than the area that
currently discharges to the south. The Existing pre-developed for the 2-10-100 is .07, .74 and 8.26.
The post-developed is 0, .27 and 3.70 c.f.s. The Proposed is well under the pre-developed conditions
and win not increase what flow is currently there, thus not negatively impacting the site south ofthe
property.
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