181527 01/20/2010 1 CITY OF CARMEL, INDIANA VENDOR: 363831 Page 1 of 1
I. ONE CIVIC SQUARE THOMAS MEGAN CHANGLER
CHECK AMOUNT: $15,000.00
1, t'
CARMEL INDIANA 46032 3848 W. 141ST STREET
4 WESTFIELD IN 46074 CHECK NUMBER: 181527
CHECK DATE: 1120/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 15,000.00 EASEMENT
AFPROV D AS TO FORM BY r
APo' ;1O1" D AS TO FORM BY iv
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Thomas E. Chandler Jr. and
Megan A. Chandler (hereinafter collectively referred to as "Grantor as the fee owners of
certain real estate, Parcel No. 17- 09- 19- 00- 00- 008.000, located at 3848 West 141st Street,
Westfield, IN 46074, for and in consideration of the sum of $15,000.00 (Fifteen 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
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 by service pipes to the lines and /or equipment installed by Grantee within the
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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
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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.
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Page 3 of 5
IN TESTIMONY WHEREOF, Grantors
rs herein have executed this conveyance
individuall y this, the )day of 7 2009.
a
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Thorria /E. handler Jr. U` Date
—6) Y
ALT A
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egan i. Chandler 0 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
Thomas E. Chandler Jr. and Megan A. Chandler 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 )3 day of,___A4 j/ky--(
2009.
j_Id 1 0 11111111
o ary 'ub c
(1- ACM". gxM
Printed Si: ature
Commission Expiration:
2 ()I
County of Residence: PAIGE E. WAREHAM
7 Notary Public, State of Indiana
My Commission Expires July 4, 2015
Page 4 of 5
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
mes Brainard, Presiding Officer
Date: (9..2-71/c6),122__
Mary An Burke, Member
Date:
Lori W3tse<Member
Date: 1/0110
ATTES
Sandra M. Johnson,
��1L L
/I I Deputy Clerk for
iana L. Cordray, C Clerk Treasurer
STATE OF INDIANA
SS:
COUNTY OF r
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
5� �d r c Jt�hnSor� .1be9a4-1.1
Carmel Board of Public Works and Safety, and ay, 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 lD day of 1 1� ;27197
NOTARY PUBLIC
My Commission Expires: Printed Name
`f ?/./1 My County of Residence: atfitilia
Date:
Page 5 of 5
EXHIBIT "A"
OWNER: Thomas E. Chandler, Jr. and Megan A. Chandler
DEED RECORD: Instrument Number 200300061561
HAMILTON COUNTY PARCEL NO.: 17- 09- 19- 00- 00- 008.000
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 330.00 feet to the POINT OF BEGINNING, said point also being the
southeasterly corner of a 5.000 acre tract of land as described in Instrument Number
200300061561 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 330.00 feet to the southwesterly corner of said 5.000 acre tract;
thence North 00 degrees 07 minutes 15 seconds East, along the westerly boundary of said
5.000 acre 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 330.00 feet,
to the easterly line of said 5.000 acre 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 0.265 acres (11,550 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
,\111111III
NO.
SO 439
STATE OF
101111I1111111110'
SHEET 1 OF 2
Y:\Project Files active \101605 Carmel -141st St and West Road\Easements\Ease 5- Chandler.doc
Plotted: 3/21/07 0 5:34pm, DWG: N: \Land Projects \101605- 04 \dwg \1016-- Eosements.dwq, Layout: 5, By Jcremyburns
EXHIBIT "B"
OWNER: THOMAS E. CHANDLER, Jr. AND
MEGAN A. CHANDLER
INSTR. NO.: 200300061561
HAMILTON CO. PARCEL NO.:
17-09-19-00-00-008.000
PERMANENT EASEMENT
0.265 ACRES (11,550 SQ. FT.)±
APP. R/W LINE
16.5' 0
Q Aar Ag P A r r A 0'
CENTERiJNE 141ST STREET
654.04' 330.00'
O
0
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 NORTHING EASTING COURSE BEARING DISTANCE
1 1728129.85 170924.54 A S89'45'33 W 330.00' N
2 1728128.47 170594.55 B N00'07'15 E 35.00'
3 1728163.47 170594.62 C N89'45'33 "E 330.00'
4 1728164.85 170924.61 D S00'07'15 W 35.00'
100 0 50 100
1 inch 100 ft.
SHEET "T PUBLISHED SCALE: 1 -7 00•
ALL 111T3 Iif5 W0 SURVEYED: OCT. 2005 M.S. WE S S LE R and EASEMENT NO. 5
2 EXCEPT FOR USES EXPRESSLY PRO.EOT NO.: 101805.04 ASSOCIATES PART N.E. 1/4 SEC. 19-18N-3E
PERMITTED IN 11RITIN0, INFOR- DRAWN BY: BSN_
OF IN mI5 DOCUMENT IS SOCELY APPROr1:D Br R.LN. CONSULTING ENGINEERS
THE PROPERTY OF M.D. PLOTTED: 3/21/2007 6219 South Dort Street, suite w THOMAS E CHANDLER, Jr'. AND
2 MESSIER ASSOCIA1E5. INC
DWG TITLE: 1 016 -EASE. Indiunu>oUs. Indiana 48227 -2148 MEGAN A. CHANDLER
i+
VOUCHER 094153 WARRANT ALLOWED
T1:667 IN SUM OF$_
CHANDLER, THOMAS MEGAN
3848 W 141ST STREET
WESTFIELD, IN 46074
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
CHANDLER 06- 1051 -89 $15,000.00
Availability
r
Voucher Total $15,000.00
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
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
T1667
CHANDLER, THOMAS MEGAN Purchase Order No.
3848 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 CHANDLER $15,000.00
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 0 cer