181615 01/20/2010 CITY OF CARMEL, INDIANA VENDOR: 363834 Page 1 of 1
`I ONE CIVIC SQUARE MIKE AND GINA MCKINLEY
io CARMEL, INDIANA 46032 4004 W 141ST STREET CHECK AMOUNT: $2,600.00
tip WESTFIELD IN 46074
CHECK NUMBER: 181615
CHECK DATE: 1/20/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 2,600.00 EASEMENT
APFi3Ov D AS TO ;-01 M FW
4
APPROV ID AS TO FORM BY
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Mike H. McKinley and Gina
L. McKinley, (hereinafter collectively referred to as "Grantor as the fee owners of certain real
estate, Parcel No. 17- 09- 19- 00 -00- 010.000, located at 4004 West 141st Street, Westfield, IN
46074, for and in consideration of the sum of $2,600.00 (Two Thousand Six Hundred Dollars
and Zero Cents), in hand paid, the receipt and sufficiency of which is hereby acknowledged and
confessed, does hereby GRANT, BARGAIN, SELL AND CONVEY UNTO The City of
Carmel, Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter
referred to as "Grantee a non exclusive and perpetual water line easement upon, over, under
and across the real estate located in Hamilton County, Indiana, and described in Exhibit "A"
"B" (which real estate is herein after signified by the term "the easement area attached hereto
and hereby made part hereof, for the purpose of laying, installing, constructing, maintaining,
operating, inspecting, altering, replacing and removing water utility lines and equipment.
Grantee also agrees to install and make available for use by Grantor, their heirs, successors and
assigns, a 1 -inch water service line upon Grantor's property, for which Grantee shall waive
Grantor's water service connection fee.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantors, their successors
and assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, additional space not to exceed 10 ft. in width, where available and necessary, that
is adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance of Grantee's facilities located in, under, upon, over, and /or across the easement
area, 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, their grantees, successors, agents, or
employees, to connect the premises of such nearby property owners by service pipes to the lines
and/or equipment installed by Grantee within the easement area, provided such nearby property
owners, their grantees, successors, agents, or employees restore the portion of the Grantors'
property disturbed by their work to a condition that is as near the condition that existed just prior
to the time the portion was disturbed by them as is practicable. Grantee also shall have the right
from time to time to remove all trees, undergrowth, structures and/or other obstructions above,
within, under, and upon the easement area, that may endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein.
Grantors, their successors or assigns, shall not erect or maintain any permanent
structures, obstructions, or other improvements under and /or upon the surface of or over the
easement area or perform any act which would impair or interfere with Grantee's use and
enjoyment of the easement herein granted. Driveways, roads, bike paths, and sidewalks are
permissible.
If the surface of the easement area is disturbed by Grantee at any time, and /or from time
to time by the installation, repair, maintenance, removal, replacement or other work in
connection with water utility lines or equipment, Grantee, at its sole cost and expense, shall
repair and restore the surface of the easement area and /or nearby property of the Grantors to
substantially the same condition which existed immediately prior to any such disturbance, except
to the extent that Grantee was exercising its right to remove items which, in Grantee's sole
opinion, is or would interfere with the rights granted herein. Any work performed or caused to be
performed upon, under and/or over or within the easement area at any time and from time to time
shall be done at such a time and in such a manner as will cause a minimum of interference with
the business being conducted by Grantors (or their successors and assigns) upon their land
surrounding and adjoining the easement area, but nothing herein contained shall prevent or
prohibit Grantee from performing any of its work during normal and customary daylight
business hours.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the
rights and easements herein granted shall be used by Grantee upon the terms and conditions
specified herein, with ingress to and egress from the easement area, for the purposes of
constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee
herein described, but subject to all liens, encumbrances, restrictions and prior easements of
record.
It is agreed that this grant covers all the agreements between the parties and no
representations or statements, verbal or written, have been made modifying, adding to or
changing the terms of this agreement.
The Grantors represent and certify that they are the fee simple owners of the easement
area; that Grantors guarantee the quiet possession of the easement area to the Grantee; that the
easement area is free of any liens or encumbrances, except the lien of current taxes and any other
lien or encumbrance that, as of the date of execution hereof, appears of public record; and that,
subject to the foregoing, Grantors will warrant and defend Grantee's title to the easement granted
hereby against all claims thereon.
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantors, jointly and individually, to the terms and conditions
set forth herein.
This instrument may be executed by Grantors in separate counterparts, each of which
shall constitute a duplicate original.
�:I �I(rll„ _r.. 0 0l fo perjury, that! have
t*eri 10 .,r,C, ccoH Soclo! Securtiy
flulw ;or I!� tai c•rl. Ui GC0 :c by law,'
Or-t eG i�l 5 mr P.) s.
Name
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually t th- L day 4 2009.
Mike H. ,fl nley Date
BE �r1
Gina L. McKinley Date
This instrument prepared by Carmel Utilities, 760 Third Avenue SW, Carmel IN 46032.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State personally appeared
Mike H. McKinley and Gina L. McKinley known to me to be the individuals whose names are
subscribed to the foregoing instrument and consideration therein expressed, and in the capacity
therein stated.
V
Given under my hand and seal of office, this day of
2009.
c>i tu,.__I L L.
Notary Public
a J o n_f SIS�
Printed Signature
Commission Expiration:
3c) -ct0
County of Residence:
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
/3
�.1
/James Brainard, Presiding Officer
Date:
)910
Mary A urke, Member
Date: i J f 0
l td✓
Lori Wa Member
Date: 1 /4I(o
ATTEST: II i Sandra M. Johnson"
Deputy Clerk for
Diana L. Cordray,I' Clerk- Treasurer
STATE OF INDIANA
SS:
COUNTY OF /1C-f /f
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Dian -L—C –Drib y, Clerk -T e of the City of
Carmel, who acknowledged the execution of the foregoing "Easement Agreement" on
behalf of the City of Carmel, Indiana. n
,26/D Witness my band and Notarial Seal this G day of 4 r
NOTARY PUBLIC
C •Qnri, aavt,S
My Commission Expires: Printed Name
4 /!d1/47 My County of Residence: `kin :hi-
f f'7
Date:
EXHIBIT "A"
OWNER: Mike H. McKinley and Gina L. McKinley
DEED RECORD: Instrument Number 200200055611
HAMILTON COUNTY PARCEL NO.: 17- 09- 19- 00- 00- 010.000
PERMANENT EASEMENT
A part of the northeast quarter of Section 19, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, said part being more particularly described as
follows:
Commencing at the southeast corner of the southwest quarter of said northeast quarter
section; thence South 89 degrees 45 minutes 33 seconds West (Indiana State Plane
Coordinate System, East Zone), along the south line of said quarter quarter section, a
distance of 990.00 feet to the POINT OF BEGINNING, said point also being the
southeasterly corner of a tract of land as described in Instrument Number 200200055611
in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 45
minutes 33 seconds West, along the south line of said quarter quarter section, a distance
of 87.00 feet to the southwesterly comer of said tract; thence North 00 degrees 07
minutes 15 seconds East, along the westerly boundary of said tract, a distance of 35.00
feet; thence North 89 degrees 45 minutes 33 seconds East, parallel with the south line of
said quarter quarter section, a distance of 87.00 feet, to the easterly line of said tract;
thence South 00 degrees 07 minutes 15 seconds West, along said easterly line, a distance
of 35.00 feet to the point of beginning. Containing 0.070 acres (3,045 square feet), more
or less. Subject to all legal highways, rights -of -ways, easements, and restrictions of
record.
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belief, this plat and legal description
together with the Plat of Route Survey, recorded on January 6, 2006, as Instrument
Number 200600000269 in the Office of the Recorder of Hamilton County, Indiana
(incorporated and made a part hereof by reference), comprise a route survey executed in
accordance with Indiana Administrative Code 865 IAC 1 12 "Rule 12
Date: March 21, 2007
RONALD L. NOLAN
Registered Land Surveyor SO 439
ipoionnorill
NO. eo.•
S 0 439
STATE OF
SHEET 1 OF 2
Y:\Project Files active1101605 Carmel -141st St and West Road\E.asements\Ease 7- McKinley.doc
Plotted: 3/21/07 5: 45pm, DWG: N: \Land Projects \101605- 04 \dwg \1016— Easements.dwg, Layout: 7, By Jeremyburns
EXHIBIT "B"
OWNER: MIKE H. MCKINLEY AND
GINA L. MCKINLEY
I N STR. NO.: 200200055611
HAMILTON CO. PARCEL NO.:
17-09-19-00-00-010.000
PERMANENT EASEMENT
0.070 ACRES (3,045 SQ. FT.)±
AP'. R/W LINE
16.
0 0
r e:10MM
CENTERUNE 141ST STREET
237.04' 0 0 990.00'
P.O.B.
CENTER OF SEC. 19
T -18 —N, R -3 —E S.E. COR., S.W. Y4, N.E. Y4
(RAILROAD SPIKE FOUND) SEC. 19 T- 18 ---N, R -3 —E
(CALCULATED)
POINT NOR1HING EASTING COURSE BEARING DISTANCE
1 1728127.08 170264.55 A S89'45'33 "W 87.00' N
2 1728126.71 170177.55 B N00'07'15 "E 35.00'
3 1728161.71 170177.62 C N89`45'33 "E 87.00'
4 1728162.08 170264.62 D 500'07'15 "W 35.00'
50 0 25 50
1 inch 50 ft.
SHEET AU RIGH PUBLISHED E SURVEYED: OCT. 2005 rn.. WE S S LE R ..,,cc EASEMENT NO. 7
2 EXCEPT FOR USES EXPRESSLY PRO.ECT NQ 101605.04 ASSOCIATES PART NE. 1/4 SEC. 19-18N-3E
PERMITTED IN VRI11NG. [WON- DRAWN BY: B.S.M.
OF IN THI D00JYEN APPROVED BY: R.LN. CONSULTING ENGINEERS
THE 2 W PROPERTY MIKE H. MCKINLEY AND
ASSOCIATES. INC. PLOTTPLOTTED: Tn 3/21/2007 8219 south East Street. suites
tr nrn 1016. Indianapolis. Indiana 48227-2148 GINA L MCKINLEY
VOUCHER 094154 WARRANT ALLOWED
T1066 IN SUM OF$
MCKINLEY, MIKE GINA
4004 WEST 141ST STREET
WESTFIELD, IN 46074
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
MCKINLEY 06- 1051 -89 $2,600.00
J Availability
Voucher Total $2,600.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T1066
MCKINLEY, MIKE GINA Purchase Order No.
4004 WEST 141ST STREET Terms
WESTFIELD, IN 46074 Due Date 1/11/2010
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
1/11/2010 MCKINLEY $2,600.00
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
t
Date fficer