173638 06/16/2009 CITY OF CARMEL, INDIANA VENDOR: 362961 Page 1 of 1
ONE CIVIC SQUARE WILLIAM AND REGINA GREENWOOD CHECK AMOUNT: $4,000.00
CARMEL, INDIANA 46032 311 5TH STREET NW
CARMEL IN 46032 CHECK NUMBER: 173638
CHECK DATE: 6/16/2009
DEPARTMENT ACCOUNT PO NUM IN VOICE NUMBER AM DESCRIPTION
902 A 4460847 4,000.00 EASEMENT
Cross- Reference
The deed conveying title to the grantor is recorded as Instrument number the Office of the
Hamilton County Recorder.
UTILITY EASEMENT AGREEMENT
This Utility Easement Agreement (the "Agreement entered into as of the _q day of
—1 2009, by and between William T. and Regina A. Greenwood (collectively, the "Grantor
and Thekity of Carmel Redevelopment Commission (the "Grantee WITNESSES:
Recitals
WHEREAS, Grantor owns certain real estate more particularly depicted and /or described on
Exhibit A (the "Grantor Real Estate
WHEREAS, Grantor has agreed to grant to Grantee certain easements for the benefit of
Grantee and /or the City of Carmel, Indiana (the "City and
WHEREAS, Grantor and Grantee desire to execute this Agreement;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, Grantor agrees as follows:
1. Easement Grant. Subject to the terms and conditions of this Agreement, Grantor hereby grants to
Grantee the following easements (collectively, the "Easements
(a) a temporary, exclusive construction easement (the "Construction Easement for the
benefit of Grantee, on, over, across, and through the Grantor Real Estate, for the purposes
of constructing and installing utility boxes, transformers, switching stations, underground
utility lines, underground cables, and other equipment and facilities related to the provision
of electricity, telephone, and cable television (collectively, the "Utility Facilities on and over
a portion of the Grantor Real Estate depicted and described as the "Utility Easement" on
Exhibit B (the "Easement Area and for no other purposes whatsoever;
(b) a temporary, exclusive access easement, for the benefit of Grantee, on, over,
across, and through the Grantor Real Estate, for the purposes of providing access to and
from the Grantor Real Estate from and to the public streets and /or alleyways adjacent to the
Grantor Real Estate while exercising its rights under the Construction Easement, and for no
other purposes whatsoever;
(c) a perpetual, non exclusive easement for the benefit of Grantee and the City, on,
over, across, and through the Easement Area for the purpose of maintaining the Utility
Facilities on the Grantor Real Estate, and for no other purposes whatsoever; and
(d) a perpetual, non exclusive access easement for the benefit of Grantee and the City,
on, over, across, and through the Grantor Real Estate for the purposes of accessing and
performing maintenance of, on, in, or around the Utility Facilities, and for no other purposes
whatsoever.
2. Maintenance. Grantee or the City, at its cost and expense, shall: (a) maintain the Utility Facilities in
good operation and repair; and (b) repair, in a good and workmanlike manner, any damage caused as a result
of the use of the Easements by Grantee or the City, or the agents, contractors, employees, invitees, or
licensees of Grantee or the City.
3. Reserved Rights. Grantor reserves the right to use the Grantor Real Estate for any purpose that
does not interfere with the rights of Grantee underthis Agreement, including, without limitation, that Grantor
may plant and maintain groundcover landscaping and shrubbery over the Easement Area.
4. Insurance. Grantee shall maintain, or cause the City to maintain, liability insurance with respect to
the use of the Easements.
5. Binding Effect. The Easements shall be appurtenantto the Grantor Real Estate, and the obligations
imposed pursuant to this Agreement shall run with the Grantor Real Estate. This Agreement shall bind, and
inure to the benefit of, the Grantor and Grantee. No member of the public or any party other than Grantee
shall have any rightto make a claim againstthe Grantor underthis Agreement. Accordingly: (a) only Grantee
shall have a rightto make a claim against the Grantor underthis Agreement; (b) all claims against the Grantor
under this Agreement or with respect to the easements granted under this Agreement shall be made
exclusively by Grantee; and (c) no member of the public or other party shall be deemed to be a third party
beneficiary of this Agreement.
6. Miscellaneous. This Agreement shall be governed by, and construed in accordance with, the laws
of the State of Indiana. The invalidity or unenforceability of any term or condition of this Agreement shall not
affect the validity and enforceability of any other term or condition. Each of the undersigned certifies that:
(a) he or she is a duly authorized representative of Grantor or Grantee, as the case may be; (b) he or she has
been fully authorized and empowered to execute and deliver this Agreement; and (c) Grantor or Grantee, as
the case may be, has full capacity to assume and agree to perform all of the obligations to be performed by
the terms of this Agreement. All exhibits are attached hereto and incorporated herein. This Agreement may
be executed in separate counterparts, each of which when so executed shall be an original, but all of which
together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first written above.
G RAIy,TO
illiarn T. Green od
egina A. Greenwood
GRANTEE:
TH5 CITY OF CARMEL REDEVELOPMENT
C MMI N
Ronald E Carter, President
2
ACKNOWLEDGMENTS
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for the State of Indiana, personally appeared William
Greenwood, who acknowledged the execution of the foregoing Utility Easement Agreement.
h.
WITNESS my hand and Notarial Seal this 9 day of Mu 2009.
B y'
Notary Public
Printed Name:
I am a resident of ^_t County, Indiana.
My commission expires S-
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for the State of Indiana, personally appeared Ronald E.
Carter, the President of The City of Carmel Redevelopment Commission, who acknowledged the execution
of the foregoing Utility Easement Agreement on behalf of such entity.
WITNESS my hand and Notarial Seal this day o* 2009.
By:
2_'
Notary Public y�
Printed Name:
I am a resident of k -County, Indiana.
My commission expires _IV- 5 "1 0 (Y
Return after recording to:
This instrumentwas prepared by Ryan R. W ilmering, Attorney -At -Law, W allack Somers Haas, One Indiana
Square, Suite 1500, Indianapolis, Indiana 46204. 1 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.
Ryan R. W ilmering
3
EXHIBIT A
Depiction and/or Description of the Grantor Real Estate
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EXHIBIT B
Depiction and Description of the Easement Area
UTILITY EASEMENT
I I
N 89'11'39" E
12.00' (M)
5 P� Q
w o w o
p� s
a
Lot 15 i s 'G w Lot 12
POINT OF BEGINNING S 89'11'39" W
360.0 5Q. FT. 12.00' (M)
1 ST STREET NW
30' PLATTED RIGHT OF WAY
UTILITY EASEMENT DESCRIPTION
April 13, 2009
A part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East,
Clay Township, Hamilton County, Indiana, and also being a part of Lot 12 in Simeon
Hawkins Addition to Bethlehem (now Carmel) (recorded in Deed Book 30, page 441 in
the Office of the Recorder of Hamilton County, Indiana) more particularly described
as follows:
BEGINNING at the southwestern corner of said Lot 12, said corner being on the
northern right —of —way line of 1st Street Northwest and the eastern right —of --way line
of a ten —foot —wide platted alley; thence North 00 degrees 11 minutes 43 seconds
West (assumed bearing) 30.00 feet along the western line of said Lot 12; thence
North 89 degrees 11 minutes 39 seconds East 12.00 feet parallel with the southern
line of said Lot 12; thence South 00 degrees 11 minutes 43 seconds East 30.00 feet
parolfel with said western line to said southern line; thence South 89 degrees 11
minutes 39 seconds West 12.00 feet along said southern line to the POINT OF
BEGINNING, containing 360.0 square feet (0.008 acres) more or less.
��`►1111!!!!° PREPARED FOR:
�o R• A °o i THE C:ARMEL REL VE rR T
S y
•�0STE.� lr C'ARIvfEL.I1V]?1ANA IGCIi?
Q 4 O'• 0
No. Z CENTRAL STATES CONSULTING, LLC
96(� s 23H NORTH GREEN STREET
2 0 0 1 2C 0 ��1 PHONES R 317NB56.8662 D FAX: 3 7- B5B -Br72
STATE OF a m
r
�q' :NaiAN? •'pQ` tF.8 UTILITY
IN FEET S(JRV��
EASEMENT
1 inch 20 ft. °`*4% P ARCEL AR�EL. N
7 -LO 2
his instrument prepared by: bn1E a!13 PROJECT NUMBER
Donald R. Masson
Registered Land Surveyor No. 9600013 V
09-015
L1i1�, Bl; BRi.I
s�a� 1' 2D' SHEET 1 OF 1
AGREEMENT TO GRANT EASEMENT
This Agreement to Grant Easement (the "Agreement'), entered into by and between William
T. and Regina A. Greenwood (collectively, the "Owner and The Cityof Carmel Redevelopment Commission
"CRC this day of 2009, WITNESSES:
j Recitals
WHEREAS, Owner owns that certain real estate commonly known as 110 1 Avenue NW,
Carmel, Indiana, and more particularly depicted and /or described on Exhibit A (the "Property
WHEREAS, CRC desires to acquire certain easement rights over a portion of the Property,
which rights are more particularly described in the form of utility easement agreement attached hereto as
Exhibit B (the "Easement Agreement'); and
WHEREAS, Owner and CRC desire to enter into this Agreement;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, the parties agree as follows:
1. Agreement. Owner and CRC agree to execute the Easement Agreement, in form and substance
reasonably satisfactory to Owner and CRC. In consideration of the foregoing, CRC shall pay to Owner an
amount of $4,000.00. CRC, at its cost, may record the Easement Agreement.
2. Miscellaneous. This Agreement shall be governed by, and construed in accordance with, the laws
of the State of Indiana. Each of the undersigned certifies that: (a) he or she is a duly authorized representative
of Grantor or Grantee, as the case may be; (b) he or she has been fully authorized and empowered to execute
and deliver this Agreement; and (c) Grantor or Grantee, as the case may be, has full capacity to assume and
agree to perform all of the obligations to be performed by the terms of this Agreement. All exhibits are
attached hereto and incorporated herein. This Agreement may be executed in separate counterparts, each
of which when so executed shall be an original, but all of which together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, Owner and CRC have executed this Agreement as of the day and
year first written above.
OW�IE
i
William T. Green ood
Q
O egina A. Greenwood
CRC:
THE CITY OF CARMEL REDEVELOPMENT
'MMISSIO
By.
Ronald E. Carter, President
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
M ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or-,bill to be properly itemized must show:-.kind of service, where performed, dates service rendered, by
whom, rates per day, number "'of hours, rate per hour, number of units, price per unit, etc.
Payee
a
Res i'%4 :en w:csod" Purchase Order No.
30 1 S- f 1. S-t' r-e AJ Terms
A) D 3 2 Date Due
Invoice Invoice Description Amount
Date Number (or note attached in,voice(s) or bill(s))
00 D
00
Total LVIA6
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.
2.0
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
��i tReS�,.g UII`�PRw ®mo� IN SUM OF
311 S
!ice
a a
ON ACCOUNT OF APPROPRIATION FOR
Board Members
PO# INVOICE NO. ACCT #/TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
05 q 609 ,1 47 q 000. °O bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
7 _20 O%
Signature
Director of Op ratipbS
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund