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HomeMy WebLinkAbout315977 9/12/2017 , CITY OF CARMEL, INDIANA VENDOR: 371749 CHECK AMOUNT: $`*`*64,700.00' ONE CIVIC SQUARE MERIDIAN MILE ASSOC LP CHECK NUMBER: 315977 CARMEL, INCARMEL PENN SVLVANIA ST N =a DIANA 46032 ��,• CARMEL IN asosz CHECK DATE: 09112/17 Mtror �o. DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTIOTHER EXPENSESON 610 5023990 062817 64,700.00 P E 3 co 4A- U- 0 O f LU tn OZ Q Q 0 0 0 0 0 0 O %D LL Q Z O ME 16. O c m (cp tp ;i •fC C7 3 fl t o a %b y LL m U t0 E L 4) U N N (A C14 m O V z O J � •E c Z Q � � IR � O pLn cB > c�i E I i fps Prior Deed References: Instrument No. 34846, in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT This Water Line Easement Agreement (the "Agreement") is made and entered into this day of , 2017, by and between Meridian Mile Associates, L.P., an Indiana limited partnership ("Grantor") and the City of Carmel,Indiana, an Indiana municipal corporation("Grantee'). RECITALS: A. Grantor is the owner of certain real property located in Hamilton County, Indiana ("Grantors' PropertX")more particularly described in Exhibit A attached hereto and incorporated herein. B. Grantee, in connection with Grantee's improvements and construction of US 31 Crossing Water Transmission Main (the "Project") requires a permanent, exclusive easement over, through, under, upon and across that portion of Grantors' Property more particularly described and depicted on Exhibit B I attached hereto and incorporated herein, (the "Easement Property') to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, including all associated valves, pumps, fittings, meters, accessories and equipment on, over, under and across the Easement Property. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ' 1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, reparing, replacing and removing water utility lines, including all associated valves, pumps, fittings, meters, accessories and equipment (the "Improvements") on, over, through, under, upon and across the Easement Property. Grantee shall have the right to: (a) remove from the Easement Property, any fences, structures, asphalt or concrete paving, parking, curbing or other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition of such easement; and (b) make such alterations and improvements to the Easement Property as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. Grantee shall also have the right of ingress and egress over, under, upon and across the Grantors' Property for purposes of access to the Easement Property. The easement also includes the rights and privileges to temporarily use, from time to time, additional space on the Grantors Property, where available and necessary, for equipment and materials necessary for the installation, repair and maintenance of the Improvements located in, under, upon, over, and/or across the Easement Property, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted. 2. Obligations of Grantee. Promptly after the installation of the Improvements,but subject to weather conditions, Grantee shall restore the Easement Property, to the extent practicable, to the same or better condition as it existed prior to the commencement of the Project; provided however, that Grantee I shall seed the Easement Property and shall not replace any trees that have been removed as more particularly set out in Section 1. Grantee, at its sole cost and expense, shall maintain, repair, replace and service the Improvements for the duration the Project is in place and operating. 3. Rights Retained by Grantor. Grantor shall retain unto themself the right to use the Easement Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property or perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. 4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence, structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee). Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 5. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits thereof, shall run with the Grantors' Property and the Easement Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor 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. Grantor covenants and represents that to the best of their knowledge,neither the Grantors' Property nor the Easement Property is not presently the subject of, nor is there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantors' 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 Grantors' Property or the Easement Property not created by Grantee. I i 7. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from this indenture shall be filed with a court of competent jurisdiction within the State of Indiana. 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 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. 2 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 Grantors' Property and the Easement Property. It. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and all prior agreements, communications and negotiations between the parties, either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other persons shall be necessary for such termination, modification, or amendment. 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 Grantor: Meridian Mile Associates, . LP (address) /,e/, �A/ q6-Q�Z 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. 3 15. Authority. The persons executing this instrument on behalf of Grantor hereby represents that they have the authority to bind Grantor 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 Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor guarantees the quiet possession of the Easement Property to the Grantee; that the Easement Property is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantee's title to the easement granted hereby against all claims thereon. 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. GRANTOR: Meridian Mile Associates,L.P., an Indiana limited partnership By: wwzg, Printed: �l�d�1 W 14- 11S Title: P(6.Cie-f 4 GRANTEE: The City of Carmel By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer i Date: I i 1 By: Mary Ann Burke, Member !! I Date: I i 1 i I By: Lori Watson,Member Date: i i ATTEST: i Diana L. Cordray, IAMC, Clerk-Treasurer i i Date: j I i i i i i iI i 5 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Ann Burke, and Lori Watson, who having been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity. WITNESS my hand and notarial seal, this day of ,2017. My Commission Expires: Signed Name: i My County of Residence: Printed Name: 9 FASHLEY MARIE NOTE ry Public•Seal STATE OF INDIANA ) ate of Indiana S S: milton County COUNTY OF i Wyv,,\Vo vyon Expires Nov 13,2021 j i Before me, a Notary Public in and for the State of Indiana, appeared J \r til . the 1?r,tsidevt--�- of Meridian Mile Associates, L.P. who acknowledged the execution of the foregoing Water Line Easement Agreement on behalf of said limited partnership. Witness my hand and Notarial seal this ice_day of .l"l>`�n,k- , 2017. My Commission Expires: QQkbuev f 1') j kloytmy 13, 2o2.1 Notary Pu is M County of Residence: -e. Imov, _0W\\kOw" [Printed] i i This instrument was prepared by and after recording return to: Tammy K. Haney, Keller Macaluso LLC, 760 3rd Avenue SW, Suite 210, Carmel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Tammy K. Haney 6 i'MBIT A Grantor's Property Mum DBUD 34846 00o1a-M' TnIS•IkDBNTUAR HITn"SBTH,'Thar 11fith-Maridian Associates, an 1 3ndia s GOnerel Partnership, of Hamilton County, in the 8tato of Indiana, 1] convaya and warrants to morldien MileAssoc3itasr an rndiana Batted ed of ilan'iltou County, in the $tato of Indiana, for tha sum of one Dollar and other valtfoble, oenaideration, the fallowing described real nstata in Hamilton caunty, in -the State of Indiona-, t$, paxt of the siouthwaet Quartan of coation Thirty five 135),vownehip Tight- man (18) North, Range Three (3) Leat in 7lamilton County, tndlattn, described 1 as follows: Sagin at the Northeast corner of the Southucet'Quartar of Section '35t Township 18 (Forth, Runge 3 Santo run thence Wes•L along the North line of •then ouartar Section 772.o'fcet to the intersection with the center line of .U.S_ Bighway 431; thence South along this center line 2625.75 fust to the iatarSaotioA with the South ),ine.•of said southwest Quarter Suction( thence East along this South line 776.1 feat to the Southeast coxnur of the South- e ; twost Quart :r of Section 35, Township 10 North, Range 3 Bast, +10000 North on Land along the treat lima of said Southwast Quarter Section 2626.5 feet,to the 1 place of beginsinyyt� EXCEPT Vila Y0XWW1NG2part of the Southwest ooartmr of Section 35, Township 18 Horth. Range 3;East in Hatailt-om County, Indiana be- ginning at a point 607.70 feat,east and 2S feat north of the Southwoot corner of the Ernst Hall-of said Quar6er Section, •said poiast being the interoaetion of the seat rlght�•ot-way 'line of D.S. )toed 31 and that nort)i right-at-wa. ,line n! 115th SL•rset is the same are now oatablishad; rwsning thanes North along this eaut sight-of-•way line of V.S. Road 31 a distance of 175 faatr thence Baa' parallel to 116th street a distance of 173 fsutr thence South parallel to U_e. .toad 91 a distance of 175 toot; thence Nest along the north line of 116th 3traet m distance at 175 feet to theles•acof beg inningq, AND r=kPT2 hart of the East Half of the Southwest Quarter of Section 95, Township 18 North, ,fangs 3 East in Hamilton County,-Indiana, more part301alaxly asscribed as i,'ollowss commencing-at the itttaxanation at tha cant:erline of U.S. Highway 431 as located by I.S.4T.C. prciiminary plans for Project 8-•222 (9) dated 1 1968 (revised ,Txnunry 19, 1970), and the.Booth lina.of the Bast Hal:[ of the 0 authwant Quarter of Section-33, Township 1S North, Range 3 Hast 598:93 feat .forth e8 dagraae 31 minutes 30 seconds East (assumad bearing) of the Scuth- ,wast aornar of the East ball of Said Southwest Quartan the»ea wovbh iso yegrees 32 minatan 30 accondo Ramat an and along said South lied 103.00 moat to -the beginning point of this dasoriptieni thence Hoath 00 degrees 05 minute, 35 seconds teat payallal With O.S. Highway 631 center;ilia aforesaid 2D0.00 Taut; thence South 80 degifeeir 32 minutes 30 saconda Wast puivallel with said South Tina 38.00 fact to the East limited ateass.righa-•of-way line for'U.S. nighway 031, as located Jay amid t.S.H.c. preliminary plans for project• F-222 �(91- thence tforl,h 00 degrees 05 minutes 35 s bonds vast on and. along void iimftad access right-01•-way lima 95.00 feat; thence. North aS.dagroas 32 min- , etas 30 seconds Toast parallel with the South*line at said Southwest Qbartur R 3160_00 factF thence South oat degrees 05 minutes 35 smconds East parallel.-with H.S. Highway #3'l centerline aforesaid 2.95.00 fact to tha South Sina. ef'oradaid: CTtence South 88 degrees 32 minatas 30 seconds want nn and along said South j Kine 222.00 fast to tho'baginning point. AND EXCEPT: A part Of •Cite 0011thwe9t If juattar of Section 35, Township is Nardi, ganga 3 East, Hamilton County, . Indiana, deacrLbad•as follow": Beginning at the intersection of tha East boundary a1 H.S. Roma 1131•and the Haxth no of maid Quartax Sucti.on.Scuth 88 degtaaes 24 tminntas 05 seconds wast 722.00 feet from the Worthesat cors7or of j %aid Quartet- Section 'thenCe Porth Bit dagxees 14 ml»Otes 05'seconds East ! 435.87 fast aio'ng said North lines thence South 0 degrees 13 minutes 30 . seconds East 2425.55 feat to a South line•of the owners' landr thence Routh 00 degrees 24 ninutas 05 neeonds west 137.04, fact Along said South line to Cha East boundary of Q.S. Road 131; thence North D degrees 13 xainntae 30 • aacands Waist 2346.86 gnat along'xaid Most boutsQaryr thence along said bound- ary Northerly 78.75 feet along atn alio to the right and havinga radius of :057.86 feet end subtended by a ion chord having,a,basring Of North 0 da- oat ann59 minutes 17 seconds Leat a length at 78.7q at to tha,point of g 9INS lasitatma(.•6.W 1982 ialAwRtYr L•CURIO W l T 1 V ,1N0. $UbjacL••to all aasamaota, rigltta-of-way mail restrictions o rat/oord# a rJ3 1¢iW',.Z.r i..�...r-... ",tLttr �''O(JtLL�Y3l -LQA°in..-' •d/•ty1.;,i�GvitG7��CC., ,,,.4:�'.,w.'ZT.,:a>r•"�G.�'��/d�+''.P^,.;..r,.,c.•:,..;.1_.: ��' (•�cjD�Orit� . u,. ,ted.-..�/'9'✓. � �tOt�n e.h 7 kT t .�•u- cft+�,l�.'J/'�,�i��lt�� L:ICARMEL45nCom66G695416inTransmission Main10011Easemcm\2017ftridienMile Assoc.docx 7of10 7 ' 1N WITNESS MEREOP, Grantor has axecutad this deed thys ✓- day ofr)1 116th-Haridian Associates, i an Indiana General.Pattner1hiP r - BYE r r, a roan Udoera partner *TATE OF INDIANA ) Bofors me, the tindarsixamd, a notary public in and for sold county and state, personally appeared the within named Michael Q. Browning, who ocknowledgad the exurutiou oi' the foregoing 8884 to be his voluntary act and dead. C 11T,PN8881982HAND AND NOTARIAL $DAL, this' W- dej,M y Lary. ua tk My commission Hxp es: •r ;. e 9 tir Iartlumtat Ret»Idad !! 1982 L CIARK Rfca WUtI ,BIO. County of Aesidonca; 5c rmsa 'W M I Xn p; Me N This instrument prepared by: F. Riehard'Reaboach, Attorney at Law. � QIULY•EIM FOR TUAT1011 �• ndEtor walnnCoa�M LACARh1EL45RConi660695436inTransmission Main100Msemenl12017WcridianMile Assoc.docx 80f10 9 of 01 J06 x00p•0099V 9TTWus!PIIOV l,IDA1u*W=3\1=ulaWuassluisuiulul9 tS69D991uoD\ISh"13WHVD\"I Al.12d0J -, ;u W a X X r,a 2218 x z �--" vi D <� N U.S. 31 ' >Z z M 4 >z ap 88 O o m z m0 T ti O>i0 O -MW nC ,.•a ^mz z �� Nva W m z m N1 ; v N 1 to g C u j� oQ� tv0 N cn Woz 5 �" G �r go C N t+ r M ` A coo 1p yy Fp s „ leg x OI z > W m m y m 1M 8 At 9,••'$' p o QQy�:'9n rn IJO S ZIMHXW EXHIBIT 'BA PROPOSM 26 WATER UNE EASEMENT { PAFFT OF Tim B.W,CUAMM OF.SEC WTIBN-M i CLAY TOWS,HAMILTON COUNTY,fes(" LAND DESCRIPTION DESCRIPTION OF REAL ESTATE PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST; THENCE SOUTH 89 DEGREES 10 MINUTES 14 SECONDS i t WEST (ASSUMED BEARING) 241,72 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER SECTION AND THE NORTH LINE OF A TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2003-20986 AND TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 21 MINUTES 39 SECONDS WEST 25.01 FEET ON THE WEST LINE OF A TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2007-61756: THENCE SOUTH 89 DEGREES 10 MINUTES 14 SECONDS WEST 344.68 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. 31 AS LOCATED PER I.S.H.C. PLANS FOR PROJECT F-222(9) DATED 1968 AND DESCRIBED IN INSTRUMENT NUMBER 2003-20986; THENCE NORTH 00 DEGREES 18 MINUTES 13 SECONDS EAST 25.00 FEET ON THE EAST RIGHT OF WAY LINE OF U.S. 31 TO THE NORTH LINE OF THE i SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 10 MINUTES 14 SECONDS EAST 344.88 FEET ON THE NORTH LINE OF TH SOUTHWEST QUARTER OF SAID SECTION TO THE POINT OF BEGINNING; CONTAINING 0.20 ACRES MORE OR LESS THE WITHIN PLAT AND SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE POLICY AND ARE THEREFORE SUBJECT TO ANY STATEMENT OF FACTS REVEALED BY EXAMINATION OF SCHEDULE A"AND SCHEDULE "B" OF A TITLE POLICY. THIS SURVEY PLAT HAS BEEN PREPARED FOR USE ON THIS PARTICULAR PROJECT AND FOR THE EXCLUSIVE USE OF THE PERSON(S) OR ENTITY HEREON NAMED AND IS NOT CERTIFIED TO OR TO BE USED BY ANY OTHER \`L\tgquitrnrurp��� PARTY. THE EVIDENCE, POSSESSION, OWNERSHIP, CONDITIONS ETC. COULD �� P N q p I CHANGE CONSTANTLY AND THE USE OF THIS SURVEY IS LIMITED ONLY TO ��'�� ��"'1STE"'T/x - THE DATE INDICATED HEREIN. `=Q,'O REQ.,.0S, THE LOCATION OF THE TITLE LINES AND CORNERS ARE SUBJECT TO THE No. 'N a EVIDENCE FOUND IN THE PERFORMANCE OF THIS SURVEY. ADDITIONAL =X:LS2O4ODO07 rn= j EVIDENCE PRESENTED TO MILLER SURVEYING, INC. MAY ALTER THE LOCATION S STATE OF { OF THE TITLE LINES AND CORNERS. �''•., r THIS SURVEY IS NOT COMPLETE AND/OR VALID WITHOUT BOTH PACES. ����igOrrrrrSU11R ��``�� 11 11/9/2011 R.L.S. LS204D0007 -- 'THISDRAWINGNOT INTENDED 70 BE -AM— REPRESENTED MILLER SURVEYING INC. REPRESENTED ASS A RETRACEMENT OR AN 948 CONNER STREET ORIGINAL BOUNDARY SURVEY, A ROUTE NOMISVIA NOM 46080 I SURVEY OR A SURVEYOR LOCATION PH./(317)773-2044 FAX 773-2694 REPORT" LOCA IW.PART Or IME S.W.OVARTER DRAWN BY, MJJ CNK'D SYS KM SEC.33-T18N-RIE,CUY TOWNSFBP. SSE t•-50' FW BOOK: THIS SURVEY IS NOT COMPLETE AND/OR HABILTON COVNrY,Nowa VALID WITHOUT BOTH PAGES. MO WORK COIAPLEfED N A DATE 00/10{2p1 t----- VALID t S k JOB BFR SURVEY 4 FILE: PAGE 2 ©P 2 26'WATER UNE EAWMENT 833632D L:ICARMEL4SI\Cont66G695436inTransmission Main1001\Eoscmcnt120171MeridiimMile Assoc.docx I0oF10 11