243485 03/24/15 >; r. CITY OF CARMEL, INDIANA VENDOR: 369212
® ONE CIVIC SQUARE DELTA FAUCET CO CHECK AMOUNT: $****63,100.00*
CARMEL, INDIANA 46032 C/O MASCO CORP CHECK NUMBER: 243485
21001 VAN BORN ROAD CHECK DATE:; 03/24/15
TAYLOR MI 48180
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 WATER LINE 63,100.00 OTHER EXPENSES
Form W-9 Request for Taxpayer Give Form to the
(Rev.August 2013) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
Delta Faucet Company
N Business name/disregarded entity name,if different from above
a)
CM
m
cL Check appropriate box for federal tax classification: Exemptions(see instructions):
c
N
ElIndividual/sole proprietor Z Corporation ❑ S Corporation El Partnership ElTrust/estate
CL p Exempt payee code(if any)
�tS ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exemption from FATCA reporting
o H code(if any)
IL ❑ Other(see instructions)►
!E Address(number,street,and apt.or suite no.) Requester's name and address(optional)
u
a 55 East 111th Street
City,state,and ZIP code
m
Indianapolis,IN 46204
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 the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security numberHowever,for a
page
—m —
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.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
M32 - 0 4 4 9 5 7 9
LiMM 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.
SignSignature of
Here U.S.person 0,- Date► 1/1Y
Lawrence F. Le II
General Instructions withholding tax on foreign partners'share of effectively connected income,and
4.Certify that FATCA code(s)entered on this form(if any)Indicating that you are
Section references are to the Internal Revenue Code unless otherwise noted. exempt from the FATCA reporting,is correct.
Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form
about Form W-9,at wwwJrs.gov/w9.Information about any future developments W-9 to request your TIN,you must use the requester's form if it is substantially
affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9.
on that page. Definition of a U.S.person.For federal tax purposes,you are considered a U.S.
Purpose of Form person if you are:
A person who is required to file an information return with the IRS must obtain your -An individual who is a U.S.citizen or U.S.resident alien,
correct taxpayer identification number(TIN)to report,for example,income paid to -A partnership,corporation,company,or association created or organized in the
you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States,
transactions,real estate transactions,mortgage interest you paid,acquisition or -An estate(other than a foreign estate),or
abandonment of secured property,cancellation of debt,or contributions you made
to an IRA. .A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in
provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section
applicable,to: 1446 on any foreign partners'share of effectively connected taxable Income from
such business.Further,in certain cases where a Form W-9 has not been received,
1.Certify that the TIN you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a
to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a
2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the
3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status
applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S.trade or business is not subject to the
Cat.No.10231X Form W-9(Rev.8-2013)
Prior Deed References: Instrument No.
2014059351 recorded on 12/30/2014 in the
Recorder's Office for Hamilton Cc ty,Indiana
RC�.
pM WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (this "Agreement") is made and entered into as of the 14th
day of January, 2015,by and between Delta Faucet Company, a corporation organized under the laws of
the State of Indiana, ("Grantor').and the`City of Carmel,Indiana("Grantee').
RECITALS:
A. Grantor is the owner of certain real property located at 55 East 111th Street, Indianapolis,
Hamilton County, Indiana, arid more particularly described in Exhibit 1 attached hereto and incorporated
herein("Grantor's Property').
B. Grantee, in connection with Grantee's improvement/construction of the US 31 Water Main
Installation (the "Project") requires a permanent, exclusive easement over; through, under; upon and
across that portion of Grantor's Property more particularly described and depicted on Exhibit A and
Exhibit B attached hereto and incorporated herein, (the "Easement Propgft ') to provide`for the laying,
installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing;and removing
water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over,
and across the Easement Property.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein by reference and the mutual covenants and agreements hereinafter set forth and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual
easement on, over, through, under, upon and across the Easement Property for the purpose of laying,
installing, constructing, maintaining, operating, inspecting, altering, reparing, replacing and removing, all
in compliance with applicable laws, ordinances and governmental regulations, rules and orders,
underground water utility lines, all associated underground valves, pumps, fittings, meters, accessories,
equipment and fire hydrants within the Easement Property (the "Improvements"). Grantee at its sole cost
shall have the right to: (a) remove from the Easement Property to the extent that same interfere with
Grantee's use of the Easement Property for the purposes specified herein,without liability for replacement
or repair, any fences, structures, asphalt or concrete paving, curbing or other improvements,trees, bushes,
earth berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's
acquisition of such easement; and (b) make such alterations and improvements to the.Easement Property,
in compliance with all applicable laws, ordinances, and governmental rules, orders and regulations, as
Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. Grantee shall also
have the right of ingress and egress over, upon and across the Grantor's Property to the minimum extent
necessary over the shortest, direct route in order to gain access to the Easement Property: The easement
also includes the rights and privileges to temporarily use, from time to time, additional space on the
Grantor's Property in locations immediately adjoining the Easement Property to the extent available and
necessary for (i) placing equipment and materials that are actively being used in the installation, repair
and maintenance of the Improvements, (ii) doing all acts and things requisite and necessary for the full
enjoyment of the easement hereby granted, and (iii) nearby property owners, their grantees, successors,
agents, or employees, connecting their property by service pipes to the Improvements installed by Grantee
within the Easement Property; subject to and on condition that such nearby property owners, their,
grantees, successors, agents, or employees provide to Grantor reasonable assurances that they will restore,
and they actually restore, the portion of the Grantor's Property disturbed by their work to a condition that
is as near the condition that existed just prior to the time the portion was distrubed by them as is
practicable.
2. Obli ations of Grantee.tee. The Grantee at its sole cost shall maintain the Improvements in a
good and operable'condition in compliance with all applicable laws, ordinances and,governmental
regulations; rules and orders, and shall repair, replace and service, as necessary, the Improvements. In the
event such maintenance; repair, replacement of service is necessary because of Grantor's-negligence or
misconduct, Grantor shall be responsible for the cost thereof.
3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement
Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding
the foregoing, Grantor shall not erect or maintain any permanent_ structures, obstructions, or other
improvements under, over and/or upon the surface of the Easement Property or perform. any act which
would impair or interfere with Grantee's. use and enjoyment of the Easement Property for the purposes
specified in this Agreement. The immediately preceding sentence prohibits (among the other prohibitions
effected b it the erectin' or maintaining in the Easement Property of an earthen mound or series or
Y ) g g p Y Y
system of earthen mounds.
4. Obligations of Grantor. Grantor shall not hereafter erect on the Easement Property any
fence, structure, asphalt; gravel, plants (other than grass), concrete or other improvements (other than
those installed by Grantee). Grantee shall not be responsible for mowing or caring for the grass located
within the Easement Property (except for restoring such grass in the event of damage caused by Grantee's
activities described herein, which shall remain the sole responsibility of Grantee). Grantor shall not
block; impede or interfere with the Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, and
inure to the benefit of and bind Grantee and its grantees, successors and assigns and Grantor and its
grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action
for specific performance, and in the event that a party breaches any such covenant or agreement,the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching
party all amounts expended in connection with exercising any such remedy (including without limitation,
court costs and reasonable attorneys' fees).
6. Environmental Matters. Grantor covenants and represents that to the best of its knowledge,
neither Grantor's Property nor the Easement Property is presently the subject of, nor is there the threat of
any, federal, state or states, or local environmentally related lien, proceeding, claim, liability or action.
Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not
increase the liability of Grantee to Grantor for environmentally related claims to the extent arising from or
related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of this
Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor's Property or the
2
l
Easement Property not created by Grantee, its agents or contractors.. Grantee shall not permit or cause
any person or.entity to bring any hazardous, toxic or radioactive substances; materials or wastes
("Hazardous Substances") upon Grantor's Property or the Easement Property, or transport, store, use,
generate, manufacture or release any Hazardous Substances in or about 'Grantor's Property: or the
Easement Property without, Grantor's prior written consent, except to the extent (a) necessary and
commercially appropriate for the Project, (b) in full compliance with applicable federal, state and local
laws, ordinances;.rules and regulations, court orders, and governmental directives, and orders; and (c)
sufficiently safeguarded to prevent any release or spill on or contamination of the Grantor's Property'or
the Easement Property.
7. " Indemnity and Liabili Insurance: To the fullest extent `permitted b applicable 1
y tv icable, aw,
. P.._ Y tpP... ...
Grantee shall indemnify, defend and hold harmless Grantor, its officers, directors and employees against
and in 'respect.0 any loss, cost, liability, damage, suit; claim and expense, including reasonable attorneys'
fees on account of(a) any bodily injury to or death,of any personam
s) or any da to property,relating to
or arising out'of any activities or omissions by Grantee, its agents, employees or contractors, including
anyviolation of environmental laws, (b) any Hazardous Substance spill, release,.or contamination'in or .
about Grantor's Property or the Easement Property to the extent caused by Grantee; its agents,employees
or'contractors;(c) any breach of this Agreement by Grantee, and/or (d) a violation by Grantee of any law,
ordinance or,governmental,regulation. This indemnity shall survive the expiration or termination'of this
Agreement At all times during the existence of this Agreement, Grantee shall maintain m full force and
effect, and shall cause Grantee's conractors to maintaui in full force and effect at all times when present
on or about Grantor's Property or the Easement Property, adequate commercial general public.liability
insurance with respect to all activities to be undertakenursuant to this A eement, with.limits of not less
P
than Two Million Dollars ($2,000,000:00) per person,. and Five Million Dollars ($5;000;000.00) per.
occurrence Such insurance shall be writteii by an insurance company licensed to.do business-in the State
of Indiana, naming Grantor as additional insured. Such insurance shall not be'cancelled, modified or
allowed to expire without thirty (30) days prior written notice to Grantor. Grantee shall provide.Grantor
with evidence of such insurance, including a copy of the duly issued endorsement naming Grantor. as an
additional insured under such insurance prior to entering Grantor's Property,or the Easement Property
and thereafter promptly after written request by Grantor.
Grantor shall indemnify and hold Grantee safe and harmless from and against any and all claims,
actions, causes of action, damages, costs, injuries or other liabilities incurred by or asserted against
Grantee to the extent resulting from Grantor's breach of this Agreement. This indemnity shall survive the
expiration or termination of this Agreement.
8. Other Obligations. Grantor agrees that this Agreement shall not transfer'to Grantee any
past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any real estate tax,
assessment, or fee associated with or related to the Grantor's Property or.Easement Property. Grantee
shall be solely responsible for any and all taxes assessed against or attributable to Grantee's personal
property and fixtures installed in or used on the Easement Property under this Agreement, including water
utility lines and all associated underground valves, pumps, fittings, meters, accessories and equipment
within the 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
3
be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other
remedies at law or in equity.
10. 'Amendment. Grantor and Grantee agree that this Agreement shall only be modified or
released by the express;written consent of both Grantor and Grantee. Said consent, when duly recorded,
shall run with the Grantor's Property and the Easement Properly.
11. Entire Agreement. Except for Grantee's obligation under the terms,of a separate agreement to
Pay to Grantor an agreed-upon sum of money in consideration of Grantor's execution of this Agreement,this
Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and all prior
agreements, communications, representations 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. This Agreement shall have no force or effect until duly executed
and acknowledged by both Grantor and Grantee.
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 (a) sent by overnight delivery using a nationally recognized overnight
courier, in which case notice shall be deemed delivered one (1) business day after deposit with such
courier, (b) sent by certified U.S. mail, returned receipt requested, postage prepaid, in which case notice
shall be deemed delivered upon actual receipt or first attempted delivery, 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, or such other address as a party may designate by written
notice:
If to Grantee: City of Carmel
One Civic Square_
Carmel, Indiana 46032
Attn: CarmelCity Attorney
With a Copy to: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Director of Utilities
If to Grantor: Delta Faucet Company
55 East 111x'Street
Indianapolis,IN 46204
Attention: Facilities Manager
4
With a.Copy to: Masco Corporation
21001 Van Born Road
Taylor, MI 48180.,
Attention: General Counsel
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-onto any extent be held invalid or
unenforceable;the remainder of this Agreement, or the application of such term or provision to persons`,or
circums'tances other than those as to which it is held 'invalid.or unenforceable; shall riot be:affected ,
thereby;.and each"such term, covenant; condition and provision of this Agreement shallcontinueto be
valid,binding and enforceable to the fullest extent permitted by law.
15. Authori .. The persons executing this instrument on behalf of Grantor and Grantee each
hereby represents that he/she has the authority to bind such parry,to the terms'and conditions set forth herein
and that all necessary action therefore has been taken. Grantor further represents and warrants to Grantee
that, as,of the date of execution Hereof. Grantor is the fee simple owner of the Easement Property; Granton
has the right to grant this easement;the Easement Property is free of any liens or encumbrances except the
lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof;'appears of
public record, and that, subject to the foregoing;. Grantor will warrant and defend_ Grantee's title to the
easement granted hereby against the lawful claims of all persons claiming;by, through or under the
Grantor,but not further, or otherwise.
a.
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.
[END,OF AGREEMENT; SIGNATURES.ON FOLLOWING PAGE]
5
IN WITNESS WHEREOF;the parties hereto have executed this Water Line Easement Agreement as of
cn ,
the date first written above i.e. the 14 da of January 2015.
> Y ar3'
GRANTOR:
DELTA FAUCET COMP , an Indiana corporation
By: MAIM
Printed: Lawrence F. Leaman
Title: Vice President
GRANTEE:
THE CITY OF CARMEL
By and through its Board of Public Works and`Safety
By:
James Brainard,Presiding fficer
Date:
By
ary Ann Burke, Member
Date: ✓ �s✓��
B /
Y:
L'ri a son,Member
Date: f t
ATTEST:
�01A?
Diana L. 6ordray, IAMC, Cler Treasurer
Date: V ''� /
6
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON ) {.
Per rill a e r
so a aced before me this da James Brainard Ma Ann Burke, n
y pp y Mary u , and d Lori Watson, who having
been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works
,
and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity.
WITNESS my hand and notarial seal,this day of J*iffa—fy,2015:
My Commission Expires: Signed Name.
IL
My County of Residence: Printed 4
°o SANDRA WJOHNSON
l NOTARY PUBLIC—INDIANA
Comm.Expires Aug.30,2018 .
STATE OF MICHIGAN
SS:
COUNTY OF WAYNE
Before me, a Notary Public in and for the State of Indiana, appeared Lawrence F. Leaman, the
Vice President of Delta Faucet Company, who acknowledged the execution of the foregoing Water Line
Easement Agreement as his/her voluntary act and deed on behalf of such entity.
Witness MY hand and Notarial seal this 14th day of January, 2015. pp 'A' >
6I.i f
e s
J,
A
,r t
My Commission Expires:
December 14,2019 Notary Public: Christina H. C ham,
P s c
My County of Residence: ✓r .1 �"
Wayne County,Michigan
This instrument was prepared by and, after recording return to: Douglas C. Haney, City of Carmel, One
Civic Square, Carmel, IN46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Douglas C. Haney
7
EXHIBIT 1
Grantor's Property
Part of the East.Half of the Southwest Quarter Iof Section 2, Township 17 North, Range 3 East in
Hamilton County,Indiana, described as follows:
Beginning at the Northeast corner of the Southwest Quarter of Section 2, Township 17 North,
Ran e 3.East: thence South 00 de ees'44 minutes 45 seconds West (assumed bearing) on the
g �
East line of said Southwest Quarter 1337.00 feet;thence North 89 degrees 58 minutes 19 seconds
West parallel with the North line of said Southwest Quarter 470.31 feet to the Easterly right-of
way line of.U.S. Highway.#31.per Cause'#C-71-213; thence North 00 degrees 52 minutes 41
seconds East on said right-of-way line 1261.50 feet; thence North 61 degrees 08 minutes 27
seconds.East on said right-of:way line 121.17 feet thence North 00 degrees 01 minutes 41
seconds East 17.00 feet'to the North line of said Southwest Quarter, thence South 89 degrees 58
minutes 19 seconds East on said North line 362.25 feet to the place of beginning.
EXCEPTING therefrom a portion of said land conveyed by Grantor to the State of Indiana by:
(1) Warranty Deed recorded December 11, 2012, as Instrument No. 2012077182 in the Office of
the Recorder of Hamilton County, Indiana,and(2) Warranty Deed recorded December 11, 2012, ,
as Instrument No. 2012077183 in the Office of the Recorder of Hamilton County, Indiana, .
described as follows:
Parcel No. 36:
A'part.of the Southwest Quarter of Section 2, Township 17 North,.Range 3 East,, Hamilton
County, Indiana, described as follows: Commencing at the northeast corner of said quarter
section; thence South O degrees 23 minutes 11 seconds West 1,337.63 feet,(1337.00 feet deduced
from Instrument 200000014118) along the east line of said quarter section; thence South 89
degrees,42;minutes 08 seconds West 464.21 feet to the point of beginning of this description;
thence South 12 degrees.38 minutes 48 seconds East 271.28 feet to.point "36049" on said plat;
thence South 0 degrees 07 minutes 53 seconds West 350.00 feet to point ''26050" on said plat;
thence South 24 degrees 21 minutes 33 seconds West 94.18 feet to the south line of said grantor's
land; thence South 89 degrees 30 minutes 07 seconds West 36.36 feet along said line to the east
boundary of U.S 31; thence North 0 degrees 07 minutes 54 seconds East 700.73 feet along said
boundary; thence North 89 degrees 42 minutes 08 seconds East 15.00 feet to the point of
beginning and containing 0.986 acres, more or less. TOGETHER with the permanent
extinguishment of all rights and easements of ingress and egress to, from and across the limited
access facility (to be known as U.S. 31 and as Project 0700215), to and from the grantor's
abutting lands, along the line described as follows: Beginning at the northern end of the 700.73-
foot course described above; thence South 12 degrees 39 minutes 09 seconds East 271.17 feet to
point "36052" on said plat; thence South 0 degrees 07 minutes 53 seconds West 345.00 feet to
point "36053" on said plat; thence South 24 degrees 21 minutes 33 seconds West 99.87 feet and
terminating on the south line of said grantor's land. This restriction shall be a covenant running
with the land and shall be binding on all successors in title to the said abutting lands.
16469634. 8
S
i
i
i
Parcel No: 36A
A part of the Southwest Quarter of Section 2 Township 17 North, Range 3 East,lHamilton
County, Indiana,'described' as follows: Commencing at the northeast, corner of said quarter
section, thence South 0 degrees 23 minutes 11 seconds West 1,337.63 feet 0337.00 feet deduced
from Instrument 200000014118) along.the east line of said quarter section; thence South 89
degrees 42 minutes 08 seconds West 464.21 feet to'the point of beginning of this description;
thence continuing South 89 degrees 42 minutes 08 seconds% West 15.00 feet to the east boundary
zz
of U.S 31;'thence North 0'degrees 1 .07 minutes 54 seconds East 66.57 feet along said boundary to
the point"36072" on said plat;thence South 12 degrees 35 minutes 25 seconds East 68;13 feet to
the point of beginning and containing 0.011 acres, more or less.
Parcel No. 36B:
A part of the_Southwest Quarter of Section 2, Township 17 North,.Range 3 East; Hamilton
County, Indiana; described as follows: Commencing at the northeast corner of said quarter
section; thence South 0 degrees 23 minutes 11 seconds West 378.73 feet along the east line"of
said,quarter section; thence North 89 degrees 36 minutes 49 seconds West.60.09 feet to the West
boundary of Pennsylvania Street, esignated as. point "36057". on said plat, and the point of
beginning of this description, thence North 88 degrees 16 minutes 34 seconds West 2109 feet to '<
point "36058" oii said.plat; thence North 2 degrees 27 rrunutes 08 seconds West 75,.07 feet to
point "36059''on said plat,thence North 2 degrees 27 minutes_04.seconds West 40.04 feet to
point "36060" on said,plat; thence North 19 degrees 41 minutes 33 seconds West 10:63 feet to
point "36061" on said plat; thence North 19 degrees 23 minutes 28 seconds West 184.82 feet to
Point "36062".on said plal .t; thence North 72 degrees 05 minutes 53 seconds West 62:65 feet to
point "36063" on said plat; thence North 85 degrees 29 minutes 39 seconds West 126;83 feet to
point "36064" on said plat; thence South 89 degrees 19 minutes 07 seconds West 91.61 feet to
the southeastern boundary.of U.S. 31 and 111 Street, designated as point "36065"' 010 said plat
thence North 60 degrees 49.minutes l9 seconds.East 31.20 feet along said.boundary to the south.
boundary`of said i l Vh.Street;`thence North 89 degrees 13 minutes 44 second`s East 346.83 feet
along said boundary to the West boundary of said Pennsylvania Street;thence South.0 degrees 23
minutes 11 seconds West 10.38 feet along said boundary; thence South 89`degrees 17 minutes 30
seconds West 3.13 feet along said boundary;thence South 0 degrees 22 minutes 45 seconds West
337.58 feet along said boundary to the point of beginning'arid containing 0.556 acres,more or
less.
f
16469634. 9
' �l�t•3.W�u A e
Utility Bos 1jneB$
A Utility Easement de-scribed AS follows:
Prat of cne Southwv kt Quarter df S croon 2,101,a ns�ip 17 North;Range 3 East,in
Hamilton.Cti�arrty,T.ndaana,describes as k8-0ws;
CALL .ett ii? at ills 1wlelrtheast C.nrrte.'of thr Southvicst CWu Aer of Se-tion 2,Tbwhsh=p
l7-North,R;inge 3 Z nenC�South 00 dogrees 23 zninutcs l I see0;i3s West 379.73
fc e(�br g e East Li a c�P paid uart Se~tion,Tn�:^ e Nor1$9 d6gr* 35 rhu:utes 49
s6conds West 60.09 t'ect to the�3'ost u Bary of.'cctnsylvar_ia St=yet,dcs's all-A of point
" 60 7"`on the Ri �vf Way Puai l Plat,trorkr�Ex}:i �t 13 ;Th n ..2vo ttt$S d
i5 tili u+es 3�.sec. incisW�o 2I. 9 feet to 06inV,3605 on said pial;;T3reriedNo Ott 02
deees 'ii irinut �3 lccoaxds`Vest 75.07 fort to pciliC'`35Q "bn said plat;Then4c .
Nnrt:R 02i�- :cies?7ittcs 04 sccxtrls Nest 4 .tk f6t to poirtt''S X600" yr said plat;
Whence Nt�A 19 el*ccs.41 pin�tes��se�:ol+ds West I0 fi3 l't�t i�
point"-36061"6h;.
said plat aYct?LC Nor; 1 dogrcx:s 23 tt t :te 28 se:.ouds West 184U2 feet it poiot-
"x6052"oa paid pl:�t,,t3Sd pt�int being me pOlh'T 0F.13FOPING;31+e acp fou
ddie:"ees 38 mmHg t79 semids WVest J46.8-3 yet tot'-le Fastcm Boundary oftF.S:a(,
Th tic i`lacch&t}cicgr cs d9 tnin=ats�19 Sam] �s}tet 79.11 flet Tony>,`aid�astcrrt
$aliatday to the Stsntliwa�eta fiottn°rary 0f Y1.S.3I end l l l h$ir. t1e~i!r ,- ,- tt
6X7 on said pig;Thaacs S mth 89 deprces 3 9;ninrtpo 07 sco-o East 1 E 1%6t to"
pint"3 64"cn sazd ?et,�1'I1c1?s Scsu� 85 degees 9 mt;3iat4� a9 s cc�l s Fa,t 1$f�• a
Act to poifit"36063"ph sal d I>1nt.Th�ce South 72 dG oj!es b5 rninuics 53 su=ds Fast
62.65 feet to•th TAINT OF'I3EGTI'rr"e�T1N�.
Co�ctsitutig in ssitl)uasernent 0.a9fs acres(5, 5$.79 sq.ft.),rn(ire or less.
I,Trent E.Ne�.Wpost,a 2aVi5•'_ere3 lha;�d Staves i tills St<tte:oflncliana, d nere8y ccrtif�
, ..
Haat this desr.riptc�ti�s based ori tl�e t'�i��'sc-of��?V'a}�Pascel P1t for T�iannp,tttmct cf
1 xzr�srl^rtat,on i3r eco:07102153 a;Parrcl 35B by Fred L.Ne:zye,�i±cia a Zc isteved Land
Surveyor No. S0408,and d eeti '�pril b,2011. do E elc��xc�r t'�h�as pf rtor�laed,cl: cfur ,
the'propetty i5 F,ubject , any otjcrlans,grins,cr other incousistenci il'at 2.prc5PO
=vcy might ri!� sal.
E.NE;N?ORT
Qpm INDLA.NA LAND SuRVEY
OR--
N0.I..S 2960002.1
v r o. 2UGQ2t i_'
+\` STATE O J
SUR
16469634. 10
SHEET 1 OF 1 DRAWN 8Y : SF,6/8/2012 .
, EXHIBIT B CHE KEDSBY CJ� 1/13/2012
100, 0 ,100 2,00 ' TEN
UTILITY EASEMENT SCALE : 1° = 200'
SCALE 1"= 200.' HATCHED AREA IS THE '
APPROXIMATE EASEMENT• AREA
NORTH N., .
SW 1/4
SEC.2 =1714-3E . 111TH STREET STATE OF INDIANK
362.25'
31201" 91.61 . 3 63' ;;
o NE 1 O
SW
3.13`•'
SEC. 2, T17N, R3E
I
hM
M
SEE SHEET 2. FOR DETAIL I
10.63'
0 1 �o
LO
LLI
75.07' M w LLJ
N 21.69' 0::.
60.0MASCO CORPORATION OF INNARA
9'
Z
Q
INST.#200000014118 52
z
M LiJ
uj 470.31'—-
- 406.20'
0 64.11'
M �
iD Z N
=CU
g D.R. 321 PG. 760 L06
N
rn
co'
N
G
0
v
401.90'
SHEET 2 OF 2 fl V DRAWN BY ; SF 6/8/ 2612
EXHIBITB CHECKEDS . :CTEV 1/13/2012
UTILITY EASEMENT SCALE c 1" = 100'
OWNER; MASCO. CORPORATION OF INDIANA
RECORD DOCUMENT. DEED RECORD 321, PAGE 760
HATCHED AREA IS THE
APPROXIMATE EASEMENT AREA
NORTH 50' . 0 50' 100'
S 8919'07" E SCALE 17= 160'
91.61_' S 72'05'53" E. POINT OF
65.65' BEGINNING
''36065 36664" "36063"
N 60'49'19" E 111TH STREET
79.11' S 85 29'39" E NE COR.
126.83' SW 1 4
SEC. 2, T17N, RX
S 88138,09" W
r i 346.83'
"36062"„ .
36062 y
EASTERN LIMITED
ACCESS RIGHT-OF-WAY a s�
U.Z). 31 -4-
¢ N N
z oo r!7 6
PARCEL: 36B . "36061" > ai rn
PROJECT: 0710215
DES. NO: 0600430cn
COUNTY: HAMILTON. N 19'41 33 W Z N
SECTION: 2 10.63w
" � w
TOWNSHIP: 11 NORTH
N 02-27 04 W
RANGE; 3 EAST "36060"
40.04.
"36059"
w
N62'27'08" W
75.07'
"36058"
N 88'16'34" W
21.09'
"36057"
N 893649 W
60.09' PREPARED BY:
E. Nf1l,
F.� 01STER AO To the best of my knowledge and belief, this plat was prepared from
�� fp �� information obtained from the Right—of-Way Parcel Plat for Indiana
Department of Transportation Project 0710215 Parcel 36B by Fred L. Benge,
No. LS Indiana Registered Land Surveyor No. SO408, and dated April 6, 2011. No field
29600021 work was performed, therefore, the property is subject to any overlaps, gaps,
or other ' onsistencies that a property survey might reveal.
STATE OFQz
qy ANOIANa yo I� ��6/8/12
OTrent E. Newport, Date
S U tZ v Reg. Land Surveyor No. 29600021 Wan
State
do
State of Indiana Development Consultants.
.saw q.®anc■sMry�fpe�nee
Form W-9 Request for Taxpayer Give Form to the
(Rev.August 2013) Identification Number and Certification rend to the IRS. t
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as shown on your Income tax return)
Delta Faucet Company
N Business name/disregarded entity name,if different from above
m
rn
CO
Q. Check appropriate box for federal tax classification: Exemptions(see instructions):
c
H
ElIndividual/sole proprietor ❑✓ C Corporation ❑S Corporation ❑ Partnership EJTrust/estate
v p Exempt payee code(if any)
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exemption from FATCA reporting
c
H code(f any)
a ❑ Other(see instructions)110-
!E
w Address(number,street,and apt.or suite no.) Requester's name and address(optional)
0
a 55 East 111th Street
City,state,and ZIP code
a�
rn Indianapolis,IN 46204
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 the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number However,for a -ID
-
resident alien,sole proprietor,or disregarded entity,see the Part I instructions onn 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.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
3 2 - 0 1 4 4 1 9 1 5 1 7 1 9
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► P&awA NZI&MM Date►
Lawrence F. Leaman withholding tax on foreign partners'share of effectively connected income,and
General Instructions
4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
Section references are to the Internal Revenue Code unless otherwise noted. exempt from the FATCA reporting,is correct.
Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form
about Form W-9,at wwwJrs.gov/w9.Information about any future developments W-9 to request your TIN,you must use the requester's form if it is substantially
affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9.
on that page.
Definition of a U.S.person.For federal tax purposes,you are considered a U.S.
Purpose of Form person if you are:
A person who is required to file an information return with the IRS must obtain your •An Individual who is a U.S.citizen or U.S.resident alien,
correct taxpayer identification number(TIN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized in the
you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States,
transactions,real estate transactions,mortgage interest you paid,acquisition or •An estate(other than a foreign estate),or
abandonment of secured property,cancellation of debt,or contributions you made
to an IRA. .q domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in
provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section
applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from
such business.Further,in certain cases where a Form W-9 has not been received,
1.Certify that the TIN you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a
to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a
2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the
3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status
applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S.trade or business is not subject to the
Cat.No.10231X Form W-9(Rev.8-2013)
Prescribed by State Board of Accounts
Form No.301(Rev.1995) ACCOUNTS PAYABLE VOUCHER
TO
ADDRESS
Invoice Date Invoice Number Item Amount
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services
itemized thereon for which charge is made were ordered and received except
Mo. Day Yr. Signature Title
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.
Mo. Day Yr. fficer Title
Voucher No. Warrant No.
ACCOUNTS PAYABLE DETAILED ACCOUNTS
MUNICIPAL WATER DEPT. ACCT.
NO.
CARMEL, INDIANA
�E �� �,�U(cef (d Favor Of
Cai"P !
100J Vl4 -1 l L N �
Total Amount of Voucher $
Deductions
Q l } 115
1 105 f37 3 U0 C'J(�
Amount of Warrant $ 3100 (j
Month of Yr
VOUCHER RECORD Acct.
No.
Source of Supply
Water Treatment
Transmission and Dist.
Customer Accounts
Administrative and General
Operation-Maintenance
Utility Plant in Service
Constr.Work in Progress
Materials and Supplies
Customers Deposits
Total
Allowed
Board of Control
Filed
Official Title
BOYCE FORMS•SYSTEMS 1-800-382-8702 325