HomeMy WebLinkAbout319439 12/07/2017 CITY OF CARMEL, INDIANA VENDOR: 372081
= ONE CIVIC SQUARE DEBORAH WINEBERG CHECK AMOUNT: $ "21,900.00'
Q CARMEL, INDIANA 46032 431 W.MAIN STREET CHECK NUMBER: 319439
MUTON. .` CARMEL IN,46032 CHECK DATE: 12/07/17
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
660 5023990 120417 21,900.00 OTHER EXPENSES
VOUCHER NO. 176895 WARRANT NO. ALLOWED 20 Prescribed by State Board of Accounts City Form No.201(Rev 1995)
Vendor # 372081 IN SUM OF$ ACCOUNTS PAYABLE VOUCHER
wineberg, deborah CITY OF CARMEL
431 w main st An invoice or bill to be properly itemized must show: kind of service, where performed,
Carmel, in 46032 dates service rendered, by whom, rates per day, number of hours, rate per hour,
numbers of units, price per unit, etc.
06 Payee
gnv�ng , 372081 Purchase Order No.
ON ACCOUNT OF APPROPRATION FOR wineberg,deborah Terms
Carmel Wasterwater Utility 431 w main st Due Date
BOARD MEMBERS
I hereby certify that that attached invoice(s), Carmel, in 46032
or bill(s)is(are)true and correct and that
PO# ACCT# the materials or services itemized thereon for DATE INVOICE# Description
DEPT# INVOICE# Fund# AMOUNT which charge is made were ordered and DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
120417 1 . and received except 12/1/2017 120417 4-21 3@6:
Availability 2/Jlad.0U q00'00
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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
Cost distribution ledger classification if claim paid motor vehicle highway fund. 20_
Clerk-Treasurer
r
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Prior Deed References:Instrument No. 9025183,
in the Recorder's Office for Hamilton County,Indiana
SANITARY SEWER EASEMENT AGREEMENT
This Sanitary Sewer Easement Agreement (the "Agreement") is made and entered into
this _ day of , 2017, by and between Deborah Wineberg, an adult individual,
("Grantor") and the City of Carmel,Indiana ("Grantee").
RECITALS:
A. Grantor is the owner of certain real property located at 431 West Main Street,
Carmel,Hamilton County, Indiana ("Grantor's Property").
B. Grantee, in connection with Grantee's construction of Emerson Rd Sewer
Extension RFQ 2-16 (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 attached hereto and incorporated herein, (the "Easement Property") to
provide for the laying, installing, constructing, maintaining, operating, inspecting, altering,
repairing, replacing and removing sewer utility lines; sewer mains, pipes, conduits; auxiliary or
feeder service mains, pipes, conduits; manholes; and other facilities, appliances, apparatus and
structures necessary for the purpose of providing sanitary sewage disposal services on, over,
under and across the Easement Property (the "Improvements").
NOW, THEREFORE, for and in consideration of the foregoing recitals which are
incorporated herein �y reference and the mutual covenants and agreements hereinafter set forth
and'other,good and valuable consideration, the receipt and sufficiency of which are hereby
acknowlddged, the parties agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive,
perpetual easement for the purpose -for the laying, installing, constructing, maintaining,
operating, inspecting, altering, repiirir%g, replacing and removing the Improvements on, over,
under and across the Easement Pry®patty. Grantee shall have the right to: (a) remove from the
Easement Property, without liability for replacement or repair, any fences, structures, asphalt or
concrete paving, curbing or otYie��improvements, trees, bushes, earth berming, landscaping and
other structures that exist priaX`#o, 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 IS 'T%it-in the exercise of Grantee's rights hereunder. If the Improvements
are installed in good Nifh in. a location other than the location that is described and depicted in
Exhibit A then, and 'thAt`event, the Easement Property defined herein shall be revised to
include that strip of!�drtd tfiat is centered on the line or equipment as installed, and in such an
( �''i
event, Grantor an`d�'Graritee, shall join in the execution and acceptance of an appropriate
substitute easement instrument if either Grantor or Grantee shall deliver to the other a written
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request for such a substitute easement instrument. Grantee shall also have the right of ingress
and egress over, under, upon and across the Grantor's 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 Grantor's 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 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 disturbed by them
as is practicable.
2. Obligations of Grantee. Subject to the terms described in Section 1 limiting 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. Notwithstanding any other
provision of this Easement, Grantee agrees to replace the existing fence on Grantor's Property to
the extent removed by Grantee for the construction of the Improvements. Grantee shall
maintain,repair, replace and service the Improvements.
3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the
Easement Property for any and all purposes and uses not inconsistent with the foregoing
easement. Notwithstanding 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 Grantor's Property and the Easement
Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind
Grantor and its grantees, successors and assigns. All covenants and agreements hereunder may
be enforced by an action for specific performance, and in the event that a party breaches any
such covenant or agreement, the other party may exercise any remedy available hereunder, at law
or in equity, and recover from the breaching party all amounts expended in connection with
exercising any such remedy(including without limitation, court costs and attorneys' fees).
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6. Environmental Matters. Grantor covenants and represents that to the best of its
knowledge, neither the Grantor's 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 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 Easement Property not
created by Grantee.
7. Other Obligations. Grantor agrees that this Agreement shall not transfer to
Grantee any past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any
tax, assessment, or fee associated with or related to the Grantor's Property or Easement Property.
8. Waiver. Waiver by either party of any one default hereunder will not be deemed
to be a waiver of any other default under this Agreement. Any remedy or election under this
Agreement will not be deemed exclusive, but instead, whenever legally permissible, will be
cumulative with all other remedies at law or in equity.
9. Amendment. Grantor and Grantee agree that this Agreement shall only be
modified or released by the express, written consent of both Grantor and Grantee. Said consent,
when duly recorded, shall run with the Grantor's Property and the Easement Property.
10. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof, and all prior agreements, communications and
negotiations between the parties, either verbal or written, are hereby merged into this Agreement.
This Agreement may be terminated, modified, or amended only by a writing signed by the
parties, and no agreement or consent of any other persons shall be necessary for such
termination, modification, or amendment.
11. Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Indiana.
12. Notice. Any and all notices, demands, requests, submissions, approvals, consents,
or other communications or documents required to be given, delivered or served or which may
be given, delivered or served under or by the terms and provisions 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
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One Civic Square
Carmel, Indiana 46032
Attn: Corporation Counsel
With a copy to : City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Director of Utilities
If to Grantor: Deborah Wineberg
431 West Main Street
Carmel, Indiana 46032
Any such notice will be effective three days after the notice has been deposited in the
United States mail, as provided above, or if earlier upon receipt.
13. Severability. If any term, covenant, condition or provision of this Agreement or
the application thereof to any person or circumstance, shall at any time or to any extent be held
invalid or unenforceable, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each such term, covenant, condition and
provision of this Agreement shall continue to be valid, binding and enforceable to the fullest
extent permitted by law.
14. Authority. The person executing this instrument on behalf of Grantor hereby
represents that she has 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; no approval of any other party is necessary for the granting of this Agreement
or to the extent necessary has be obtained by Grantor; and that, subject to the foregoing, Grantor
will warrant and defend Grantee's title to the easement granted hereby against all claims thereon.
15. 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.
[Signature pages follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Sanitary Sewer
Easement Agreement as of the day and year first above written.
GRANTOR:
eborah Wineberg
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Deborah
Wineberg,who acknowledged the execution of the foregoing Agreement as her voluntary act and deed.
Witness my hand and notarial seal this day of , 2016.
Notary Public
Printed Name
My Commission Expires: My County of Residence:
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Grantee:
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
S afety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Christine S. Pauley, Clerk-Treasurer
Date:
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, who having been duly sworn/affirmed, state(s) that they are
members of the City of Camel's Board of Public Works and Safety and have the execution of the
foregoing Agreement on behalf of such entity.
Witness my hand and notarial seal this day of 2017.
Notary Public
Printed Name
My Commission Expires: My County of Residence:
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This instrument was prepared by 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 and
every Social Security number from this document, unless it is required by law. Tammy K.
Haney.
#86367
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EXHIBIT A
EXHIBIT
PART OF THE S.E.QUARTER.SECTION 25,TOWNSW 18 NORTH,RANGE 3 EAST
CITY OF CARMEL,KAWLTON COUNTY,INDIANA
N1. COWNER.
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EXHIBIT
PART OF THE SX, OLIAFiTM SECTION 2$,TOWNSHIP 18 NORM W49 3 EAST
CITY OF CARNEL, HAMILTON COUNTY,INDIANA
LAND SON
0ESCFd-Teti OF RFAI =`S T A TF
A PART 07 THE NEST HAI F OF THE S,X1T=t_A.ST GJARTEP OF EEU1,014 25,
TQ'ANi *IIP 18 NOR 1:H, RAN!,E _% EAS 1, C-S.-IM £C1 AS FOLLUR'S,
COMMENCING AT TUE NOR_niZ- ST C:CfvN_R OF ME 'O1<ST HALF G= T};E`
!-:GUTi it A!;7 QUART-F.R OF S CT.,Ct-1 2S, TameNSIE7- `8 NCS%}i, RANGE: 3 EAST;
THENCE C44 TN;r NcOR TH LINE OF SAID WEST HALF S(307-4 8 I1F�REE z y's.
FT :, C' � /f 41 C F T; T`ri�N� Sij, T ley t:7Ef,RTF
jk iI"UTES 49 SECCA''M 'WES1 24.00 FEE T TO 7-4E KCWN T C1F '.-iFU'?1tJlNG ff
THIS L)ESCRip_Ral:
THENCE SICUTH OQ GEGR__ES 52 t1 t41UTE5 49 SECONDS MST iCC FEET;
7'rIFhJCF SWTH E9 Pjuf�FES 51 1,1 WTE5 3S StCO3N t)S WLSI FEET;
T'r-IEt3!f NOPTH (,'0 :)EC EFS :�: �.11t��ITFS 49 SFM4DS EAST IBC.00 FEE";
HEMCE NOMH 89 DEGREE$ a2 LW ITFS '_5 `_F_QCf-!DS EAST lO.DG F-E�T TO
1HE PONT OF EEC~-NNi IO, 0-04' ACRFS, W.)RS OR CESS.
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