241794 02/03/15 CITY OF CARMEL, INDIANA VENDOR: 369080
ONE CIVIC SQUARE HEATHER AND GARRET MUDD CHECK AMOUNT: $* *17,100.00*
CARMEL, INDIANA 46032 330 W 106TH ST CHECK NUMBER: 241794
INDIANAPOLIS IN 46290 CHECK DATE: 02/03/15
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 012115 17,100.00 OTHER EXPENSES
2015003351 EASE $42.00 i
01/26/2015 12:32:15PM 16 PGS
7ennifer Hayden
Hamilton County Recorder IN Prior Deed References: Instrument
s resented No.
{�! Recorded a P2013042722, in the Recorder's Office for
IIII1IIINil11111111111NIIIi111111NIIININ111111111111IN1111111 Hamilton County,Indiana
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "A eement') is made and entered into this day
of JX4rlj, , 2015, by and between Garret D. Mudd and Heather M. Mudd. husband'and wife
("Grantors ")and the City of Carmel,Indiana("Grantee").
RECITALS:
A. Grantors are the owners ofcertain real. property, located in Hamilton County; Indiana
("Grantors' Property"}more particularly described in Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement1donstruction of the 106`h Street Water
Main Installation — 106`h Street — Sprin :-MMill-to.Itlinois (the "Project") requires a permanent, non-
__ _
exclusive"subsurface easement over, through, under; upon and across that portion of Grantors' Property:'';
more particularly described.and depicted on Exhibit-A and Exhibit,B attached hereto and''incorporated
herein, (the '.Easement Property") solely to provide for the laying,.installing, constructing, `maintaining,
operating, inspecting, altering, repairing, replacing and,removing water utility lines, wid all as
valves,pumps,fittings,meters,accessories and equipment on,over, and across the Easement Property.
NOW, THEREFORE, for and in consideration of the foregoing recitals which .are incorporated
herein by reference and the mutual covenants and agreements hereinafter set forth and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grantors hereby grant and convey to Grantee a non-exclusive,
I erpetual subsurface easement solely for the purpose of laying, installing, constructing, maintaining,
operating, inspecting, altering, reparing, replacing and removing water utility lines, and all associated
valves,pumps,fittings,meters, accessories and equipment(the "Improvements")on,over,through,under,
upon and across the Easement Property. Subject to the terms and provisions set forth herein, Grantee
shall have the right to: (a)remove from the Easement Property, without liability for replacement or repair
within the Easement Property .of any fences, structures, asphalt or concrete paving, curbing or other
.improvements, trees, bushes; earth berming, landscaping and other structures that exist prior to, at the
time of, or after Grantee's acquisition of such easement,but shall have liability for repair and replacement
of any improvements outside of the Easment Property which may be disturbed or damaged by Grantee's
construction or maintenance activities including any fence, structures, asphalt or concrete paving, curbing
or other improvements, trees,bushes,earth berming,landscaping and other structures that exist prior to, at
the time of, or after Grantee's acqusition of such easement; and (b) make such alterations and
improvements to the Easement Property as Grantee deems may be necessary or useful in the exercise of
Grantee's rights hereunder. Grantee shall also have the right of ingress and egress over, under, upon and
across the Grantors' Property for purposes of access to the Easement Property. Grantee shall only access
the Easement Property perpendicularly from 10e Street and shall not use Grantor's private drive as-a
means to access the Easement Property. The easement also includes the rights and privileges to
temporarily use, from time to time, additional space on the Grar.` - n'--- `" - -' ' .. '' " rnt
EXEMPT FROM
1 SALES DISCLOSURES
BEG
Property, where available and necessary, for equipment and materials necessary for the installation, repair
and maintenance of the Improvements located in,under, upon, over, and/or across the Easement Property,
to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted,
and for nearby property owners, their grantees, successors, agents, or employees, to connect the premises
of such nearby property owners by service pipes to the Improvements installed by Grantee within the
Easement Property, provided such nearby property owners, their grantees, successors, agents; or
employees restore, at such party's sole cost and expense, the portion of the Grantors' Property disturbed
by their work to a condition that is as near the condition that existed just prior to the time the portion was
distrubed by them as is practicable.
"i
2. Obligations of Grantee. Grantee shall primarily utilize horizontal directional drilling for
the initial installation of the Improvements. Open cutting of trenches shall be utilized to install service
lines, taps, hydrants, valves, or similar items: as needed as part of the horizontal directijonal drilling i
process; where two water lines intersect or connect; or if problems arise with the horizontal directional
drilling process. Grantee shall not be required to to use horizontal directional drilling for any future
repair, maintenance, replacement, reconstruction or relocation of the Improvements. Subject to the terms
described in Section 1 relative to the Grantee's obligation for repair and replacement, and the location of
the Improvements on the Easement Property, Grantee shall restore the Easement Property, to the extent
practicable, to the condition as existed prior to the commencement of the Project. The Grantee shall'
maintain, repair, replace and service the Improvements. Notwithstanding anything in this Agreement to
the contrary, in the event the Easement Property is disturbed as a result of the Project, Grantee shall (i)
seed such disturbed areas (provided that no trees or other landscaping shall be replaced); (ii) restore any,. ;
driveway, fences, structures, asphalt or concrete paving, curbing, or other improvements to the extent
practicable to the conditions that existed prior to the commencement of the Project; and (iii) restore '
disturbed areas adjacent to the Easement Property to the extent practicable to the conditions that existed
prior to the commencement of the Project. Grantee agrees to indmenify, defend and hold harmless
Grantors from and against any and all losses, costs, damages, expenses, liabilities, demands actions,
causes of action, liens, indebtedness or encumbrances (collectivley, the "Losses"), including, without
limitation, mechanics' and materialmen's liens, arising out of the operation, maintenance, repair and
replacement of the Improvements by Grantee and its agents, employees and contractors; excepting,
however any such Losses caused by or arising out of the intentional acts or gross negligence of Grantors.
Grantors shall have the absolute right to re-plant trees at Grantors' sole cost and expense within the
Easement Property (the "New Trees"). Notwithstanding anything herein to the contrary, in the event the
Grantee removes any tree larger than 6-inches in diameter at breast height located within the Easement
Property, Grantee shall be required to pay within a reasonable time frame to Grantors the sum of One
Thousand Dollars ($1,000.00) for each such removed tree and the parties agree and acknowledge that
such amount is a reasonable payment for the removal of each such tree.
3. Rights Retained by Grantors. Grantors shall retain unto themselves the right to use the
Easement Property for any and all purposes and uses not inconsistent with the foregoing easement.
Subject to Grantee's rights and obligations in Sections 1 and 2 with respect to the Easement Property,
Grantors shall be entitled to maintain all improvements on the Grantors' Property in existence as of the
date of this Agreement. With the exception of(i) those Improvements in existence on the date of this
Agreement, (ii) a paved parking area which Grantors may install within the cross hatched area as depicted
on Exhibit C, and (iii) an invisible fence which Grantors may install within the cross hatched area as
depicted on Exhibit C. Grantors shall not erect or maintain any permanent structures, obstructions, or
other improvements under and/or upon the surface of or over the Easement Property other than the New
2
' n
Trees or perform any act which would materially and adversely impair or interfere with Grantee's use and
enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence
prohibits (among the other prohibitions effected by it) the erecting or maintaining in the Easement
Property of any earthen mound or series or system of earthen mounds.
4. Obligations of Grantors. Grantors shall keep the Easement Property free of any fence,
structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee t
and those which the Grantors are permitted to install as provided in Sections 2 or 3 hereof). Grantors
shall mow and care for the grass located within the Easement Property, but shall have no obligation
whatsoever under this Agreement to maintain any wooded area which is located within the Easement: '
Property. Under this agreement, Grantee shall have no obligation whatsoever to maintain any wooded
area located within the Easement Property. Grantors shall not block, impede or interfere with the I
Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantors' Property and the Easement Property, inure
to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantors and their
grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action
for specific performance, and in the event that a party breaches any such covenant or agreement,the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching
party all amounts expended in connection with exercising any such remedy (including without limitation,
court costs and attorneys' fees).
6. Environmental Matters. Grantors represent and warrant that Grantors have not received
any written notice from any governmental authority that the Easement Property is in violation of any
applicable laws. Grantors agree that between Grantors and Grantee, the acceptance of this Agreement by
Grantee shall not increase the liability of Grantee for environmentally related claims arising from or
related to (i) conditions on the Grantors' Property or the Easement Property prior to the acceptance of this
Agreement; (ii) acts of Grantors or any other third party; or (iii) conditions on the Grantors' Property or
the Easement Property not created by Grantee.
7. Jurisdiction. Grantors and Grantee agree that any litigation associated with or arising from
this Agreement shall be filed with a court of competent jurisdiction within the State of Indiana.
8. Other Obligations. Grantors agree that this Agreement shall not transfer to Grantee any
past, present, or future obligation(s) of Grantors to be responsible for, or to pay, any tax, assessment, or
fee associated with or related to the Grantors' Property or Easement Property.
9. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a
waiver of any other default under this Agreement. Any remedy or election under this Agreement will not
be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other
remedies at law or in equity.
10. Amendment. Grantors and Grantee agree that this Agreement shall only be modified or
released by the express, written consent of both Grantors and Grantee. Said consent, when duly recorded,
shall run with the Grantors' Property and the Easement Property.
3
11. Entire Affeement. This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and all prior agreements, communications and negotiations between-the parties,
either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated,
modified, or amended only by a writing signed by the parties, and no agreement or consent of any other
persons shall be necessary for such termination,modification,or amendment.
12. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Indiana.
13. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other
communications or documents required to be given, delivered or served or which may be given, delivered
or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be
in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized
overnight courier,in which case notice shall be deemed delivered one business day after deposit with such
courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed
delivered two business days after deposit in such mails, or (c) sent by personal delivery, in which case
notice shall be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the
respective parties as follows:
If to Grantee: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Carmel City Attorney
With a Copy to: City of Carmel
30 West Main Street
Carmel, Indiana 46032
Attn: Director of Utilities
If to Grantors: Garret and Heather Mudd
330 West 1061 Street
Carmel,IN 46290
Any such notice will be effective three days after the notice has been deposited in the United States mail, as
provided above,or if earlier upon receipt.
14. Severability. If any term, covenant, condition or provision of this Agreement or the
application thereof to any person or circumstance, shall at any time or to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be
valid,binding and enforceable to the fullest extent permitted by law.
15. Authori . The persons executing this instrument on behalf of Grantors hereby represent that
they have the authority to bind Grantors to the terms and conditions set forth herein and that all necessary
action therefore has been taken. Grantors further represent and warrant to Grantee that Grantors are the fee
simple owners of the Easement Property; that Grantors have the right to grant this easement and; that
4
Grantors guarantee, so long as Grantee is not in default of its obligations under this Agreement, the quiet
possession of the Easement Property to the Grantee; that the Easement Property is free of any liens or
encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of
execution hereof, appears of public record; and that, subject to the foregoing, Grantors will warrant and
defend Grantee's title to the easement granted hereby against all claims thereon.
16. Attorneys' Fees. In the event of any action or proceeding brought by either party against
the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses,
including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written. S
GRANTxwi�,
Z
6 �
Printed: 6k1gP c=i Z�'lV
Printed: 03 Ck-4 ry2
GRANTEE:
THE CITY OF CARMEL
By and through its Board of Public Works and Safety
By:
James Brainard,Presiding Officer
Date:
By:
Mary urke Member
Date: S7-
By: -By: /
Lofi W 7A,
, ember
Date: �/ 1
Sandra M Johnson .
Deputy CI�W ✓ `1�-
Diana'. Cordray, IAMC, C erk-Treasurer
Date:
5
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Personally appeared before me this day fames-Brahr 4,.Mary Ann Burke, and Lori Watson, who having
been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works
and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity.
s'
WITNESS my hand and notarial seal,this 6A 5 day of 52015.
My Commission Expires: Signed Name: ,,ZW_ Yy .
My County of Residence: u(� I U► Printed Name:
SANDRA M.JOHNSON
NOTARY PUBLIC=INDIANA
~� �y My Comm Expves Aug.309018
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, a Notary Public in and for the State of Indiana, appeared Garret D. Mudd and Heather
M. Mudd, husband and wife, who acknowledged the execution of the foregoing Water Line Easement
Agreement as his/her voluntary act and deed.
Witness my hand and Notarial seal this Iglhday of J/9*0 /Q , 2015.
My Commission Expires:
tary Public
My County of Residence: S
i tented]
This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One
Civic Square, Carmel, IN 46032.
1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document,unless required by law. Douglas C. Haney
6
• Exhibit 1
Page 1 of 3
r-WENTERED FOR TAMTJON PC
& dayda, iorba�e
.8130421.2 GEED $21.00
,J,��J 07/18.813 0111S146P 9 SGS
L
. ArJetaryGa4sstbteq ti/� ti.ryy L. Clerk .
Parcel# •QQ• �d:OpO I IWRILTON County Riwedv IH
R�osrdN ee Pra/nted
!7 r3.02•oo-do•027ono MiE!llollIFINNE.
125714
PERSONAL , REPRESENTATIVE'S DEED
TII IS 1NDENTUR'E 1YlTNESS8T11,That EllznbeU►A,Spas,IW Perronol Reptof tlw
Rstate of Merit ane M.Aekmann,a"retleeted by Estate Docket ND.Z9D03.1246-EU-000246,want'tivo Irprahke)of
Hmiiton County,In the Stataof INDIANA;COINVEV(S)to G+Tref D.•Madd wind HeaMerbf.Nudd,hatband
and wife('P»tehoi )of Hamilton County,in the State of INDIANA,for the sum of Ono Dollar(51.00)vJ
other valuable oonsideralion,the mcelpt ofwhtch is herebyacktwwlodged,the tollowingdescribed real estate in
Hamilton Covn%In the Siete of Indiana:
SEE EXHIBIN V1 AT'TACRED HERETO AND MADE APART HEREOF.
Trils conveyance Issab w to.
1. Al!cwsemenu,rights ojany and resrrie7ons ojreeor4
2. AM taxes dire and payable in 2013,and thereafter,
M WUNGSS WHEREOF,Onintorhas execulod this Personal Representative's Deed ibis 6/13/2013
Iizabeth A:Flint,
orsonal Representative of the Estate of
Marlanne M;Ackmann,Ilowased
$TA'I'L!OF Indiana
)SS:
COUNTY OF Motion
Before me,a Notary Pobllc In and for said Count'and State,personally appeared Elizabeth A.Ulla+,Pownai
Rcpiesenlstive of the Estate of Marianne M.Aekmann,deceased,who actamwledged the execution oftho
foregoing Personal Rertcsertative's Deed,and mho,being duly sworn,slated that any'representatiom.therein
contained ate true,
'al Seal this 611312013.
.;it'Y QA Is REAR$
Ka Xonry•aW1.suIs#1 GO uy
Signatu
�1N� COsui1114//iQlltl '
fptt1 Hr ce.+^.11uo1 r.in, Adam S.Mears,Notary Public
Au0ur109,2p�r•
Common Address:330 W.106th Street Carmel 1N.4032,
This document was prepared by.STEPHEN D.MEARS,Attorney at Law,Supreme Cowi No.120-49;
8395 Koystonp Crossing$to 314 Indianapolis,IN 46.240
Return to: First TIRO of indiana,Ina,8395 Keystono Crossinj.Suite 314,Indianapolis.IN 46240
Send tax statements to 336 W.106'a St Ccrmei ra 46032
Oranices address: 330117.le St Carmel IN 46032
1 atiirm under penalties of perjury,that 1 hove taker rwombla care to redact Social S=dty numbers in this
document,unless raluired by law—Stephen D Mears
Exhibit 1
Page 2 of 3
Fiat Tpleoflndlaae,Inc.-
--gags
nc.••gags Keystone Crotsing,guilt-314 '
Ittdtstupelts,ind4ne 4240---s—
Phone
'6240 y—Phone N(317)254-54.54 - Fax d(317)254.545S
COMMITMENT
Commitment lio.t126314
EXHiATT"A"-LEGAL DESCRIP170N
Fait of the West side of the Southwest Quarter of Section 2,'1'owruhip 17 North,Range 3 last,Hamikon County,
Indiana,more particularly described as follows,Wwtt:Beginning at the Southwest comerofsaid Quarter Section,
running thence North on the West lint of said Quarter Section,224.99 fm to an hon pin,thence Carl parallel with the
South lire of sold Quarter Section,968.10 abet,thence South paraiial mith the West line of said Quarter Section,224.98
fcct to an iron pin,said'pin being 6n the Siurth line of said Quarter Section,thence West on said South line 968.16 foot to
(fie placo of beginning.
IIXCIWMO THEREFROM One hundred(100)feet by petal let lines off ofthc entire east end thereof.
ALSO BXCEPtINt3 THERCFROM that portion of the above described real aisle deeded to the Cityof Carmel,Indiana
by Wartanly Deed dated Janwvy 18,2013 and rccorded February 28,2013 as Inslrunumt 112013012732.described as
follows:
A part of the Southwest quarter of Section 2,Township 17 North,Ranga 3 Cast,Iismilton County,Indiana,cominoneing
at the Southwest corner of said quarter section,thenen along the south lice of acid"tier section North 89 degrees 09
minutes,45 seconds East$50.72 feet to the point of begimting of this description;Ihamae North OD degrees 54 minutes 111
seconds West 11.00 fat to the North boundary of l0e Slteet;ffi4nieC cmtinuing North 00 degrees S4 minutes 1 t .
5.1
seconds West 7 rc&,thence Horth89 degrees os mInWts 49 seconds East 40. 00 feet;thent:e'Nortb 00 degroo 54
rninutea I1 seconds West 45.00 feet;(hetrce Noah 88 degrees$3 minutes OS'seconds Gast 217.89 feet;thence North 56
degrees 36 minutes 26 seconds rest 72.31 feet to the Gast line of the grantor's land,theabe along sold Oust.lint:South 00
doAmes 03 minutes 12 seconds Cast 90.19 feel to the North boundary of 100 Stmt,thence continuing along said East
line South 00 degrees 03 minutes 12 seconds Fast 11.00 feet to the South line of said quarter swIon;thence pion$said
South lint 89 dgVm 09 minutes 45 seconds West 317.38 feet to The point of beginning,and containing 0.436 setas,
more or less,inclusivo of the presently existing right-ofarisy which contains 0.080 eere's more or less.
ALSO,n part of rho Southwest H or See:2 Twp.17 N.R.3 L}described as follows:Beginning at a point 224,98 lett
North of the southwest comer of the Southwest%rice,2 Twp.17 N,R.3 B.Thence Past 868.1 reel to n point.Thence
North$0.17 feet to a point.Thence West 868.1 feel to a point,'thence South 50.17 feel to Ile pieces of beginning.
1=13 T[t4O FROM BOTH OF THE ABOVE DESCRIBER PARCELS,that portion of the above rimn'bed rest estate
deeded to the Hamilton County I liAway Department by 1Vprranty Decd Baled January 14,2003 and teeorded Janunty 31,
2603 as Inmument d2O0300011096,detetibed at fol lows:
A part of the West Half of the Southwest Quarter of Section 2,Township 17 North,Range 3 Eesti Hamilton County,
Indians,described as follows: Beginning at the southwest comer of said section;Moos North 0 degrees l6 minates 43
aeconds East 83.866 melers(271141 feet)along the west line of Bald quasar section to the prolonged north llaeof the
grantor's laud;thence North 89 degrees 29 minutes 30 seconds East 16.793 meters(55.10 feet)along said prolonged
north ltne rand north line of the 1 ranlot's lend;theace South l dijloc So minutes 40 seconds Beit 40.373 meters(I W6
fete);thence South 27 dogtecs 49 minutes 29 seconds Fast 31.279 laclers(102.62 feet);thence South 65 degrets 50
minutes 56 seconds Est 50.743 meters(264.90 feet);thence South 0 degrees 30 minutes 30 seconds East 9.144 meters
Fist American Title Insurance Company
Exhibit 1
Page 3 of 3
� .� Flrft'I'it1Cn[lndlann,lne,
0303 Keyslnne Crasslog,Sulte 314
Indianapolis,tndlaaa 46;49
Phone#(317)20-MS4 - BaxN(3l7)*54-54$$
COMMITMENT
Commihoeat No.t126314
(30.00 feet)to the south line of said quarter section;thence South 89 degrees 29 relatiles 30 seconds\Yeti 113.716 meters
(373.08 feet)along acid south line to the point of beginning and containing 0.2941 hectares(0.727 acres)iota or kis.
}
i
Flrsl Amedcan Tit to Ins aronee Company
EXHIBIT "A"
EASEMENT
PART OF THE SOUTHWEST QUARTER OF SECTION 2,TOWNSHIP 17 NORTH,RANGE 3 EAST,HAMILTON COUNTY,
INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 09
MINUTES 45 SECONDS EAST (BASIS OF BEARING), ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A
DISTANCE OF 550.72 FEET TO THE,RIGHT OF WAY OF 106th STREET PER INSTRUMENT NUMBER 2013012732
RECORDED IN THE HAMILTON COUNTY RECORDER'S OFFICE; THENCE ALONG SAID RIGHT OF WAY THE
FOLLOWING.THREE CALLS: 1) THENCE NORTH 00 DEGREES 54 MINUTES 11 SECONDS WEST,A DISTANCE OF
16.17 FEET; 2) NORTH 89 DEGREES 05 MINUTES 49 SECONDS EAST, A DISTANCE OF 40.00 FEET; 3) NORTH
00 DEGREES 54 MINUTES 11 SECONDS WEST, A DISTANCE OF 14.21, FEET TO THE PLACE OF BEGINNING;
THENCE SOUTH 88 DEGREES 53 MINUTES 03 SECONDS WEST A DISTANCE OF 41.70 FEET; THENCE NORTH 75
DEGREES 52 MINUTES 38 SECONDS WEST A DISTANCE OF 71.70 FEET; THENCE SOUTH 89 DEGREES 09
MINUTES 45 SECONDS WEST A DISTANCE OF 336.45 FEET TO THE RIGHT OF WAY OF SPRINGMILL ROAD PER
INSTRUMENT NUMBER 200300011096 RECORDED IN SAID HAMILTON COUNTY RECORDER'S OFFICE; THENCE
ALONG SAID RIGHT OF WAY THE 'FOLLOWING TWO CALLS: 1) NORTH 86 DEGREES 10 MINUTES 38 SECONDS
WEST, A DISTANCE OF 34.40 FEET, 2) NORTH 28 DEGREES 09 MINUTES 11 SECONDS WEST, A DISTANCE OF
33.00 FEET; THENCE SOUTH 67 DEGREES 51 MINUTES 17 SECONDS EAST A 'DISTANCE OF 43.83 FEET;
THENCE NORTH 89 DEGREES 09 MINUTES 45 SECONDS EAST A. DISTANCE OF 347.49 FEET; THENCE SOUTH
75, DEGREES 52 MINUTES 38 SECONDS EAST A DISTANCE OF 71.66 FEET; THENCE NORTH 88 DEGREES 53
MINUTES 03 SECONDS EAST A DISTANCE OF 39.75 FEET TO THE RIGHT OF WAY OF 106th STREET PER,
INSTRUMENT NUMBER 2013012732 RECORDED IN SAID HAMILTON COUNTY RECORDER'S OFFICE; THENCE SOUTH
00 DEGREES 54 MINUTES 11 SECONDS EAST, ALONG SAID RIGHT OF. WAY A DISTANCE OF 15.00 FEET TO THE
PLACE OF BEGINNING.
CONTAINING 0.173 ACRES,MORE OR LESS.
I, TRENT E. NEWPORT, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THATI,.
THIS DESCRIPTION WAS PREPARED FROM INFORMATION OBTAINED FROM INSTRUMENT NUMBERS 2013042722, `
200300011096 AND 2013012732, AS RECORDED IN THE HAMILTON COUNTY RECORDER'S OFFICE. NO
FIELDWORK WAS PERFORMED AND ,THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR
INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL.
IST
SER�p0��
12-5-14
NO. 29600021 7-7-14
Trent E. Newport Date Rev. -
Reg. Land Surveyor No. 29600021
STATE OF State of Indiana
� SND 1 ANA p�
PREPARED BY;
}
Transportation&
Development Consultants
3111 suM m eta OK)1*19(4 wo,-to ,
ROAD: 106th STREETEXHIBIT B� DRAWN : CJL 1- 4
PROJECT: 106th STREET REVISED:: CJL 7-7-17-14
SPRINGMILL RD. TO ILLINOIS ST. CJL 12-5-14
SECTIONON: 2
COUNTY: HAMILTON EASEMENT EXHIBIT CHECKED BY : TEN TOWNSHIP: 17 NORTH OWNER: GARRET D. & HEATHER M. MUDD SCALE : 1"'= 120'
RANGE: 3 EAST RECORD DOCUMENT: INST.#2013042722
w ° so 120 HATCHED AREA IS.THE
SWE 1.=12 224.98'_ APPROXIMATE EASEMENT
OL
1 _ 1
NORTH '� EXCEPT o
5D.1 -------
T1 8' ESMT. IN FAVOR OF
r-- I _ 1
T —INDIANA BELL TELEPHONE CO.
I I �\ NI I n D.R. 327 PG. 789
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1 1 ,g I I1 9.5' ESMT. IN FAVOR OF
LINE TABLE I I I —71NDIANAPOIJS WATER COMPANY
L1 N 00'54'1" W 16.17' j 1 { I j D.R. 326 PG. 539
L2 N.89'0549' E 40.00' 1 { 11 1
L3 N 00'54'11" W 14.21' i I l I I PLACE 0
L4 S 88'53'63' W 41.70' 1 L13 II 1 t
L5 N 75'52'36" W 71.76 1 11 L3
L6 S 89'09'45" W 336.45' { 1 I L2
L7 N 8610'38' W 34.40' 1 { 1 1 I L1
L8 N 28'09'11" W 33:00' 1 1 1 I
L9 S 67'51'17" E 43.83' I I {
L10 N 89'0945" E 347.49' I I111 1 [—,
Lit S 75'52'38" E 71.6fi I { Mi N ( 111 1 W
L12 N 88'53'03" E 39.75' I I. d I I I I o �
L13 S 00'5411 E 15.00' �I �I� a M 1 1 1 1
toI �I� x o 111 1 .c=
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No. fieldwork was performed and therefore, j 1 z
this description is subject to any overlaps, I { 11{ { a
gaps or inconsistencies that a field survey I I I m
might reveal. This plot was prepared from
information obtained from Instrument
Numbers 2013642722, 200300011096, and I I 1 1 1 I m
2013012732, as recorded in the Hamilton 1 I c + 1 I I`-'
County Recorders Office.
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I I 1 1I I`�' i
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Trent E. Newport Date i I J 11la' C3Reg. Land Surveyor No. 29600021 1 1 11 I IM vti'i
State of Indiana I
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Q�o1STERF p0 I 1 J jl I
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No. 29600021
IN FAVOR OF 1 1 1
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INDIANA I I BELL --
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TELEPHONE CO. ——
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STATE OF I— I*
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INST.19418605 MIMM
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SUR`I '� 50'17 224.98' COR., SW 1/4 Transp°rtation&
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W. LINE SW 1/4 SEC. 2-17N-3E
EXHIBIT "C"
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3042722 '
ABANDON AND GROUT
SS FILL EX WATER MAIN
INSTALL NEW rilKSTALL,(2)16'-45'BENDS ANO
CONTRACTOR SHALL PROTECT TREE
METER PIT 50 LFT OF 1VV DI WATER MAIN
DURING CONSTRUCTION,SEE VIA OPEN CUT METHOD.
GENERAL ROTES BELOW AND TREE MIN,6'DEPTH
RESERVATION DETAIL ON SHEET N4. IN THIS AREA
4. S*ATEit ..- - -- 'za:----•-- C
"f��•'E"_ - -{IJILITY FA$�NIt+Nj:, - -_" _ _ - E:s', � � 'y
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1067N.STREtT }�`' `
------------------------------------------------------_---- — ; ,:.
CUi,CAP,AND ABANDON WATER -�—
SERVICE PER C.E.G,STANDARDS RELOCATE HYDRANTASSEMBLY FIBER OPTIC LINE IS SHOWN PER
AND 16"BUTTERFLY VALVE RELOCATION INFORMATION.
CONTRACTOR SHALL FIELD
VERIFY EXACT LOCATION.
i
a
L
GENERAL NOT E$_„
1. CONTRACTOR SHALL NOT UTILIZE THE DR IVEWkY AT 330 NEST 1067H STREET
FOR ACCESS TO THE PRO,ECT SITE AND ALL CONSTRUCTION TRAFFIC MALL
STAY A HINIMLIM OF 30 FT AWAY AT ALL 7WES'
2. CONTRACTOR SHALL CONTACT THE ARBORIST FOR THE CITY OF CARREL.AT
LEAST 48 HOURS PRIOR 70 REMOVAL OF THE EIOSTING HYDRANT,VAVE,AND 30 0 30 60
OTHER MATERIA. ALL ROOT RENDYAL MUST ADHERE TO CITY STANDARDS.
3. CONTRACTOR SHALL MAINTAIN A MINIMUM OF 15 FT OF SEPARATION FROM THE
TREE 0 16+50 VATH NEW WATER MAIN INSTALLATION I KIM ILIA
4. WRING CONSTRUCTION,CONTRACTOR SHALL INSTALL AND MAINTAIN A HORIZ.SCALE: 1*= V
PRDTECTIVE BARRER FENCE AROUND THE TREE 0 16+50,AS SHOWN IN THE
TREE PRESERVATION DETAC ON SHEET/4.
NOTE:
WATER MAIN TO BE INSTALLED
PER CARMEL—CLAY STANDARDS
Form �Y'9 Request for Taxpayer Give Form to the
(Rev.December 2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Garret D.Mudd
N 2 Business name/disregarded entity name,if different from above
W
0
R
3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
o rtain entities,not individuals;see
[]'Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate ce
U) instructions on page 3):
m c single-member LLC
❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exempt payee code(if any)
Note.For a single-member LLC that is disregarded,do not check LLC;check the Exemption from FATCA reporting
o 9 g appropriate box in the line above far ( y)
a the tax classification of the single-member owner., code if an
L C
a u ❑Other(see instructions)► (Applies to accounts maintained outside the U.S.)
!_ 5 Address(number,street,and apt,or suite no.) Requester's name and address(optional)
v
330 West 106th Street
6 City,state,and ZIP code
Indianapolis,IN 46290
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other , —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number
guidelines on whose number to enter.
Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than inter st and div s, are at required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3. A/ y
Sign Signature of , - � � f�
Here U.S.person► G Date► !L l L
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.irs.gov/hv9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you:
number(ITIN),adoption taxpayer identification'number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
identification number(EIN),to report on an information return the amount paid to to be issued),
you,or other amount reportable on an information return.Examples of information
returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
•Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)
Form W-9 Request for Taxpayer Give Form to the
(Rev.December 2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Heather M.Mudd
N 2 Business name/disregarded entity name,if different from above
d
m
to
ci- 3 Ch k appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
C certain entities,not individuals;see
ndividual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate rn instructions on page 3):
m c single-member LLC
CL ° Limited liability company.Enter the tax classification C=C corporation,S=S corporation,P=partnership)► Exempt payee code(if any)
C F ❑ tY P Y• ( rP rP P P)
`° Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
c y the tax classification of the single-member owner. code(if any)
M c
CL o ❑Other(see instructions)► (Applies to accounts maintained outside the U.S.)
!vE 5 Address(number,street,and apt.or suite no.) Requester's name and address(optionaq
CL 330 West 106th Street
6 City,state,and ZIP code
to
Indianapolis,IN 46290
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for I Employer identification number
guidelines on whose number to enter. TTI.
Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign Signature of !�
Here U.S.person► Date IN. I •�/l�
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.irs.gov/tw9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an information It you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you:
number([TIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
identification number(EIN),to report on an information return the amount paid to to be issued),
you,or other amount reportable on an information return.Examples of information
returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
•Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third parry network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)
VOUCHER # 142904 WARRANT# ALLOWED
T1998 IN SUM OF $
MUDD, GARRET & HEATHER
330 W 106TH ST
INDIANAPOLIS, IN 46290
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR '
{
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
012115 06-1052-20 $17,100.00
Availability -
Voucher Total $17,100.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
i
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T1998
MUDD, GARRET& HEATHER Purchase Order No.
330 W 106TH ST Terms
INDIANAPOLIS, IN 46290 Due Date 1/30/2015
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
1/30/2015 012115 $17,100.00
I hereby certify that the attached invoice(s), or bill(s) is (are)true and
correct and I have audited same in accordance with IC 5-11-10-1.6
Date Offi d r