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HomeMy WebLinkAbout321730 02/13/18 n.Cqq. `,�...,,,�0 CITY OF CARMEL, INDIANA VENDOR: 372219 a; d ONE CIVIC SQUARE KLC REALTY LLC CHECK AMOUNT: $'****25,825.00* 9,; o Q CARMEL, INDIANA 46032 3825 S.EAST STREET CHECK NUMBER: 321730 < eron CHECK DATE: 02/13/18 DEPARTMENT_ ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 01292018 25,825.00 OTHER EXPENSES VOUCHER NO. 174036 WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev 1995) ALLOWED 20 Vendor# 372219 IN SUM of$ ACCOUNTS PAYABLE VOUCHER KLC REALTY LLC CITY OF CARMEL 3825 S EAST ST An invoice or bill to be properly itemized must show: kind of service,where performed, INDIANAPOLIS, IN 46227 dates service rendered, by whom, rates per day, number of hours, rate per hour, numbers of units, price per unit,etc. Payee $25,825.00 372219 Purchase Order No. ON ACCOUNT OF APPROPRATION FOR KLC REALTY LLC Terms Carmel Water Utility 3825 S EAST ST Due Date BOARD MEMBERS I hereby certify that that attached invoice(s), INDIANAPOLIS, IN 46227 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 01292018 06-1052-06 $25,825.00' and received except 1/29/2018 01292018 $25,825.00 Availability- ? _ % 6'lD 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. 2Q-- Clerk-Treasurer �fJfJ� Y Lti Prior Deed References: Instrument Number 2012012558 in Recorder's Office for Hamilton County,Indiana WATER LINE EASEMENT AGREEMENT This Water Line Easement Agreement (the "Agreement') is made and entered into thisZ5 day of l— , 2012, by and between KLC Realty, LLC, an Indiana limited liability company ("Grtor")and the City of Carmel, Indiana("Grantee'). RECITALS: A. Grantor is the owners of certain real property located in Hamilton County, Indiana ("Grantor's Property_')more particularly described in Exhibit 1 attached hereto and incorporated herein. B. Grantee, in connection with Grantee's improvement/construction of the Michigan Road Water Main Installation — 96th Street to Retail Parkway (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 Property') 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 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. Grantee shall have the right to: (a) subject to Section 2, remove from the Easement Property 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 as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. If the Improvements are installed in good faith in a location other than the location that is described and depicted in Exhibit A and Exhibit B then, and in that event, the Easement Property defined herein shall be revised to include that strip of land that is centered on the line or equipment as installed, and in such an event, Grantor and Grantee, shall join in the execution and 1 acceptance of an appropriate substitute easement instrument if either Grantor or Grantee shall deliver to the other a written 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 1646963_4. 1 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 distrubed by them as is practicable. 2. Obligations of Grantee. To the extent practical and within acceptable construction practices, Grantee shall utilize directional boring for the initial installation of the water utility lines that are a part of the Improvements. Open cutting or ditches shall be utilized to install service lines, taps, hydrants, valves or similar items; as needed as part of the directional boring process; where two water lines intersect or connect; or if problems arise with the directional boring process. Grantee shall not be required to use directional boring for any future repair, maintencnace, replacement, reconstruction, relocation of the Improvements. Grantee shall maintain, repair, replace and service the Improvments. Notwithstanding anything in this Agreement to the contrary, Grantee shall restore the Easement Property and Grantor's Property,to the extent practicable, to the condition as existed prior to the commencement of the Project, including driveways thereon. This obligation to restore the driveways shall apply to all future work, including repair,replacement or relocation of 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. Subject to Grantee's rights and obligations in Sections 1 and 2 with respect to the Easement Property, Grantor shall be entitled to maintain all improvements on the Grantor's Property in existence as of the date of this Agreement. With the exception of those Improvements in existence on the date of this Agreement, 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. Grantor shall not 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 and shall maintain all other parts of the Easement Property in good condition. 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 16469634. 2 l 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 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. 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 Grantor's Property or Easement Property. 9. Waiver. Waiver by either parry 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. 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. 11. 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: 1646963_4. 3 If to Grantee: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Carmel,Indiana 46032 Attn: Director of Utilities If to Grantor: r.Le LL C. �,dJv r A-b A- 7-Z7 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. Severabilitv. 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. Authoritv. The person executing this instrument on behalf of Grantor hereby represents that he/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; 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. 1646963_4. 4 GRANTOR- Charles D.Key Member 1BY� Linda L. Key Member BY: 29,Inc. Member Charles D. Key President 1646963_4. 5 GRANTEE: THE CITY OF CARMEL By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: By: Mary Ann Burke,Member Date: By: Lori Watson, Member Date: ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: 1646963_4. 6 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/affmned, 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 , 2012. My Commission Expires: Signed Name: My County of Residence: Printed Name: 1646963_4. 7 STATE OFt�jt q ) SS: COUNTY OF (RAel o i� ) Before me, a Notary Public in and for the State of Indiana, personally appeared Charles D. Key, by me known to be Member of Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement for and on behalf of said Grantor. Witness my hand and Notarial seal this day of-4PR.1 L , 2012. My Commission Expires: 0�2/1 H t aoi 4 otary Public My County of Residence: [Printed] JACALYN HUDSON NOTARY PUBLIC SEAL STALE OF INDIANA STATE OF a4-4 COMMISSION EVII&S SS: COUNTY OF Before me, a Notary Public in and for the State of Indiana, personally appeared Linda L. Key, by me known to be Member of Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement for and on behalf of said Grantor. Witness my hand and Notarial seal this3l-P day of PRl L , 2012. My Commission Expires: L Q$ IA f c-)p 14 Notary Public My County of Residence: KI 1 YYIR� � [Printed] JACALYN HUDSON NOfA�BUC STA71 QP INDIANA CAMMIlMa �tPINSS 1646963_4. 8 STATE OF �M®►pi-NA ) ) SS: COUNTY OF YYl Rib o i4 ) Before me, a Notary Public in and for the State of Indiana, personally appeared Charles D. Key, by me known to be President of 29, Inc., Member of the Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement for and on behalf of said Grantor. racEuvN Hu�soN NWMY PUWC Witness my hand and Notarial seal this day of L, , 2012. sratEaF�oww► C®MM MON EMRES LA1A2Od This instrument was prepared by and after recording return to: Douglas C. Haney, Clty o arme , ne Civic Square, 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. Douglas C. Haney 16469634. 9 EXHIBIT 1 Grantor's Property Lot Number 8 in North Augusta,a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 132, Page 446-447 in the Office of the Recorder of Hamilton County, Indiana. EXCEPT the following described real estate conveyed to the State of Indiana by Warranty Deed recorded September 20, 2000 as Instrument No. 200000047071, more particularly described as follows: Beginning at the Southwest corner of said Lot 8; thence North 20 degrees 46 minutes 56 seconds West 30.480 meters (100.00 feet)along the Western line of said Lot 8 to the Northwest corner thereof; thence North 69 degrees 13 minutes 04 seconds East 5.967 meters(19.58 feet)along the Northern line of said Lot 8; thence South 22 degrees 18 minutes 14 seconds East 30.491 meters(100.04 feet)to point 734 as shown on said right of way.parcel plat,said point"734" lying on the Southern line of said Lot 8; thence South 69 degrees 13 minutes 04 seconds West 6.776 meters(22.23 feet)along said Southern line to the point of beginning. CArmel Michigan Road Water main Cheker 10 EA.doc EXHIBIT "A" EASEMENT A PART OF LOT 8 IN NORTH AUGUSTA, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, RECORDED IN DEED RECORD 132,PAGES 446-447 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND BEING IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN,HAMILTON COUNTY,INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Southwest corner of said Lot 8; thence North 69 degrees 13 minutes 04 seconds East, along the Southeasterly line of said Lot 8, a distance of 26.45 feet to the PLACE OF BEGINNING; thence North 16 degrees 01 minutes 08 seconds West, a distance of 100.35 feet to the Northwesterly line of said Lot 8; thence North 69 degrees 13 minutes 04 seconds East, along the Northwesterly line of said Lot 8, a distance of 15.05 feet; thence South 16 degrees 01 minutes 08 seconds East, a distance of 100.35 feet to the Southeasterly line of said Lot 8; thence South 69 degrees 13 minutes 04 seconds West, along the Southeasterly line of said Lot 8, a distance of 15.05 feet to the PLACE OF BEGINNING, CONTAINING 0.0346 ACRES(1505 SQ.FT.)MORE OR LESS. I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that this description was prepared from information obtained from Instrument Number 200000047071, 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. I S Tr pp0� 4-18-12 No, 29600021 Trent E. Newport Date Reg. Land Surveyor No. 29600021 STATE OF State of Indiana qN� O SND I AlkP S U RO6 PREPARED BY: 1'ransportation& Development Consultants .34119f%W OR W01 coat w 45101 914 W-aa ROAD: MICHIGAN ROAD DRAWN : CJL 2- 1 PROJECT: MICHIGAN STN ROOAD SDR MAIN EXHIBIT B REVISEDBBY : CAW 104-18112 CHECKED BY . TEN COUNTY: HAMILTON EASEMENT EXHIBIT SCALE : 1" = 100' SECTION: 7 TOWNSHIP: 17 NORTH OWNER: KLC REALTY, LLC RANGE: 3 EAST RECORD DOCUMENTS: SHERIFFS DEED, INST.#2012012558 60 0 60 120 scute 1•-60 ® HATCHED AREA IS THE APPROXIMATE EASEMENT LINE TABLE NORTH Lt N69'13'04"E 26.45' L2 N16'01'08"W 100.35' L3 N69'13'04"E 15.05' L4 S16'01'08"E 100.35' L5 S69'13'04"W 15.05' app / KLCKLC REALTY o INST.#20122012558 0 �3 NORTH AUGUSTA DEED RECORD 132, PAGES 446-447 \ LOT 8 rIN / � '3r $ d PLACE OF BEGINNING APP. R/W PER INST.#200000047071 E. N fK, No fieldwork was performed and therefore, this description is subject to PREPARED BY: t0STE,? A0 any overlaps, gaps or inconsistencies that a field survey might reveal. A This plot was prepared from information obtained from Instrument Number 200000047071, as recorded in the Hamilton County Recorder's Office. No. 29600021 STATE OF e AID IANP gHt7 SURv��O Reg.tE.Land Surveyor No. 29600021 ort Date Transportation& State of Indiana Development Consultants 1117 WN OR DUa ML a 46107(31>7BIF15%