181504 01/20/2010 CITY OF CARMEL, INDIANA VENDOR: 363814 Page 1 of 1
I ONE CIVIC SQUARE NICHOLAS CHERYL ARMSTRONG
CARMEL, INDIANA 46032 3900 W. 141ST STREET CHECK AMOUNT: $11,200.00
'f WESTFIELD IN 46074 CHECK NUMBER: 181504
CHECK DATE: 1120/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 11,200.00 EASEMENT
APP:10‘ AS TO FORM BY /I
A r .3OV: =0 AS TO FORM R
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Nicholas H. A. Armstrong
and Cheryl L. H. Armstrong (hereinafter collectively referred to as "Grantor as the fee owners
of certain real estate, Parcel No. 17 -09- 19- 00- 00- 009.000, located at 3900 West 141 Street,
Westfield, IN 46074, for and in consideration of the sum of $11,200.00 (Eleven Thousand Two
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 covenants that in the
installation, maintenance, repair and operation of it water main or line and related appurtenances
in, under, upon and across the easement area, it will restore the portion of the easement area
disturbed by its work to a condition that is as near the condition that existed at the time the
portion was disturbed by it as is practicable. The immediate preceding sentence includes re-
grading and re- seeding the disturbed portion of the easement area due to soil settlement for a
period of one year following the substantial completion date of the water main construction.
Grantee also shall have the right from time to time to remove 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 not remove any trees from the easement area north of a line being 27 (twenty seven) feet
north of Grantor's south property line (said Grantor's south property line is also the centerline of
141 Street and the south quarter section line of the Northeast Quarter Section of Section 19,
Township 18 North, Range 3 East). However, Grantee reserves the right to remove one 12 -inch
maple and one 16 -inch white oak within the easement area. Grantee also reserves the right to
trim branches from trees extending into the easement area that will not be removed during the
installation of the water main or line, but which may interfere with the movement of construction
equipment during the installation of the water main or line. Grantee 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. Bushes and shrubs installed by Grantor are
permissible. The installation of a stone landscaping wall is also permissible, so long as said
stone landscaping wall is a minimum of 32 (thirty two) feet north of Grantor's south property
line (said Grantee's south property line is also the centerline of 141 Street and the south quarter
section line of the Northeast Quarter Section of Section 19, Township 18 North, Range 3 East).
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 (Am, tY:def 11 have
1aker reaCiUb co i1CT COCh:Sodol Securily
number in iniS d quiccd by ciw:
2T PEK_IC1
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually this, the 7 day of 200 d49--
41 1 ,1
Nicholas H. A. Armstrong Date
jam.
it
Cheryl L/ Armstrong 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
Nicholas H. A. Armstrong and Cheryl L. H. Armstrong, 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 day of L10A.-eJr
2009.
Notary Pu c
y�ramrii .y
C RC?!LYN R BURTON
M Nulery ^gtela ty IrM
Printed S My Co 11 &O�
J uly 31, 2017
Commission Expiration:
County of Residence:
V) (-TY)
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
Ja es Brainard, Presiding Officer
Date:
z ,1 11
c
Mary A n Burke, Member
Date:
1
Lori V�atso ember
Date: /(p l'0
ATTEST:
Sandra M. Johnso14
X11
Deputy Clerk for
Diana L. Cordray, IA C I erk- Treasurer
STATE OF INDIANA
SS:
COUNTY OF g
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 1 i -I r Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Easement Agreement" on
behalf of the City of Carmel, Indiana.
N`
Witness my hand and Notarial Seal this day of
s p a
NOTARY PUBLIC an C 6a ViS
My Commission Expires: Printed Name
1 7 1 1 M7 My County of Residence: iLiAgt1/7/0/-1
Date:
EXHIBIT "A"
OWNER: Nicholas H. A. Armstrong and wife Cheryl L. H. Armstrong
DEED RECORD: Instrument Number 9363220
HAMILTON COUNTY PARCEL NO.: 17- 09- 19 -00 -00 -009.000
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 660.00 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
9363220 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 Q—&-ru
RONALD L. NOLAN
Registered Land Surveyor SO 439
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STATE OF r
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SHEET 1 OF 2
Y:\Project Files active1101605 Carmel -141st St and West Road\Easements\Ease 6- Annstrong.doc
Plotted: 3/21/07 0 5:40pm, DWG: N: \Land Projects\ 101505- 04 \dwg \1016— Easements.dwg, Layout: 6, By Jeremyburns
EXHIBIT "B"
OWNER: NICHOLAS H. A. AND WIFE
CHERYL L. H. ARMSTRONG
INSTR. NO.: 9363220
HAMILTON CO. PARCEL NO.:
17- 09- 19- 00 -00- 009.000
PERMANENT EASEMENT
0.265 ACRES (11,550 SQ. FT.)±
APP. R/W LINE
1 6.5' O 0
Alr AI
CENTERLINE 141ST STREET 660.00'
324.04' O O
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 1728128.47 170594.55 A S89'45'33 "W 330.00' N
2 1728127.08 170264.55 B N00'07'15'E 35.00'
3 1728162.08 170264.62 C N89'45'33 E 330.00'
4 1728163.47 170594.62 D S00'07'15 "W 35.00'
100 0 50 100
1 inch 100 ft.
SHEET PUBLISHED SCALE 1 %000'
SHEET ALL RIGHTS SURVEYEI OCT. 2005 172,8. WE S S LE R c,.,■ EASEMENT NO. 6
2 EXCEPT FOR USES E> .Y PROJECT NO.: 101605.04 ASSOCIATES PART N.E. 1/4 SEC. 19- 18N -3E
11C PERMITTED IN WRITING, INFOR- DRAYYN BY: BSML
ur N lii15 DOWMETIT IS rI pliY A P PR ova) 6Y R.L.N. CONSULTING ENGINEERS
THE PROPERTY OF M.D. NICHOLAS H. A. AND WIFE
2
y,Essugt AssOCIATEs, INC. PLOTTED: 3/21/2007 8219 South Eliot Street, Suite A
DWG TITLE 14:n8 k eno>l. Indiana 48227-2148 CHERYL L H. ARMSTRONG
VOUCHER 094156 WARRANT ALLOWED
T1064 IN SUM OF
ARMSTRONG, NICHOLAS CHERYL
3900 WEST 141ST STREET
WESTFIELD, IN 46074
Carmel Water Utility
ON ACCOUNT OF APPROPRI "ON FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
ARMSTRONC 06- 1051 -89 $11,200.00
Cy/
U
Voucher Total $11,200.00
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
T1064
ARMSTRONG, NICHOLAS CHERYL Purchase Order No.
3900 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 ARMSTRON' $11,200.00
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
l�
Date Offic