181667 01/20/2010 <,...1 CITY OF CARMEL, INDIANA VENDOR: 363828 Page 1 of 1
i' i ONE CIVIC SQUARE JAMES KATHRYN TROY
c,
i,. CARMEL, INDIANA 46032 4026 W 141ST ST CHECK AMOUNT: $8,000.00
aN WESTFIELD IN 46074 CHECK NUMBER: 181667
CHECK DATE: 1/20/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 TROY 8,000.00 OTHER EXPENSES
ARF'.'10k° AS TO FORM a
firT7LP1 :D AS TO FORM BY
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, James E. Troy and Kathryn L.
Troy (hereinafter collectively referred to as "Grantor as the fee owners of certain real estate,
Parcel No. 17 09 19 00 00 011.000, located at 4026 West 141 Street, Westfield, IN 46070, for
and in consideration of the sum of $8,000.00 (Eight Thousand 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 related 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 use 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 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. Grantee covenants that it will cause the water line
in the area of two 18 -inch pin oak trees to be installed by horizontal directional drilling in an
effort to minimize the risk of damaging the root system of the aforementioned pin oak trees.
Grantee further covenants that it will reimburse Grantor for the loss of trees within or
immediately adjacent to the easement should any tree die within a period of three years
following the substantial completion date of the construction of the water main or line and such
loss being attributed as a direct result of the installation of the water main or line. Grantor shall
provide Grantee with an appraisal performed by a certified arborist or certified land appraiser
estimating the value of such affected trees. Should Grantee disagree with the appraised value of
such affected trees as provided by Grantor, Grantee reserves the right to have an appraisal of
such affected trees performed at Grantee's expense.
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. Grantor may also continue to maintain a drainage tile in the easement area and
Grantee shall promptly repair any damages caused to the tile during construction of the
aforementioned water line.
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.
"1 affirm, er fne perolljos for penu lha 1 hove
token reaso acre is rodoci case Social Security
number re t`fi„ accuma •rr cis rec-•r by law,"
Name
IN TESTIMONY WHEREOF, r Grantors herein have executed this conveyance
individually this, the day of /u 06 2009.
James E Troy Date
at yn L. Tro 111 Dat
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
James E. Troy and Kathryn L. Troy 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.
Given under my hand and seal of office, this.. ZZ day
2009.
Notary Public
C-7:71r
Printed Signature
Commission Expiration:
County of Residence:
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary An r Burke, Member
Date:
Lori W. Member
Date: I j n
ATTEST:
qt. i Sandra M. Johntson
r T ana L. Cordray, 4 MC Clerk- Treasurer Deputy Clerk for
STATE OF INDIANA
SS:
COUNTY OF 16.AL
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
I CkeN80 n, She g at
Carmel Board of Public Works and Safety, and y, Clerk Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Easement Agreement" on
behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of
/9 (241,1f� 11
NOTARY PUBLIC
Zn ✓\s
My Commission Expires: Printed Name
40//1 My County of Residence: 4a0(/ 1 ,s �7U�'�
Date:
EXHIBIT "A"
OWNER: James E. Troy and Kathryn L. Troy
DEED RECORD: Deed Book 257, Pg. 273 -274
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 1077.00 feet to the POINT OF BEGINNING, said point also being the
southeasterly comer of a tract of land as described in Deed Book 257, Pg. 273 -274 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 240.00
(record) feet (237.04 feet measured) to the southwesterly corner of said tract; thence
North 00 degrees 09 minutes 11 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 240.00 (record) feet (237.02
feet measured), 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 0.190 acres (8,296 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
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I 1 1 111 I I l I I f i f
D L Y
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NO.
SO 439 I
STATE OF
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SHEET 1 OF 2
Y:\Project Files active1101605 Carmel -141st St and West Road\Easements\Ease 8- Troy.doc
Plotted: 3/21/07 0 5:54pm. DWG: N: \Land Projects \105505- 04 \dwg \1016— Easements.dwg, Layout: 8, By Jeremyburns
EXHIBIT "B"
OWNER: JAMES E. TROY AND
KATHRYN L. TROY
DEED BOOK 257, PG. 273 -274
HAMILTON CO. PARCEL NO.:
17- 09- 19- 00 -00- 011.000
PERMANENT EASEMENT
0.190 ACRES (8,296 SQ. FT.)±
APP. R/W LINE
16.5'
0
i I o 0
INA CENTERLINE 141ST STREET O O 1077.00'
F.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)
MEASURED RECORD
POINT NORTHING EASTING COURSE BEARING DISTANCE DISTANCE
1 1728126.71 170177.55 A S89'45'33 "W 237.04' 240.00' N
2 1728125.72 169940.51 B N00'09'11 "E 35.00'
3 1728160.72 169940.60 C N89'45'33 "E 237.02' 240.00'
4 1728161.71 170177.62 D S00'07'15 "W 35.00'
50 0 25 50
1 inch 50 ft
SHEET "T PLIEll"ED SCALE: 1 ■50
ALL RIa1T8 RE 'W SURVEYED: OCT. 2005 ras WE S S LE R affid EASEMENT NO. 8
2 EXCEPT FOR USES EXPRESSLY PR0.ECT NO.: 101805.04 ASSOCIATES PART NE. 1/4 SEC. 19-18N-3E
PERMITTED IN %RIONG. INFER— DRAWN BY B.sm.
OF N DOCXlMENT 15 SOLELY APPR OVED Br R.L.N. CONSULTING ENGINEERS
THE PROPERTY OF M.D. JAMES E. TROY AND
r] MESSIER R ASSC aA7ES. INC, PLOTTED: 3/21/2007 8219 South East Street, Suite A
2 Dm nom 1016c. Indianapolis, Indiana 48227 -2148 KATHRYN L TROY
.VOUCHER 094155 WARRANT ALLOWED
1065 IN SUM OF$
TROY, JAMES KATHRYN
4026 W 141ST STREET
WESTFIELD, IN 46074
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
TROY 06-1051 $8,000.00
Availability
Voucher Total $8,000.00
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 r.
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
T1065
TROY, JAMES KATHRYN Purchase Order No.
4026 W 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 TROY $8,000.00
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
Date Officer /11A/c/