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Home My WebLink About214260 11/07/2012 CITY OF CARMEL, INDIANA VENDOR: 366699 Page 1 of 1 ONE CIVIC SQUARE KENNETH&JEAN CARRIER 0 CARMEL, INDIANA 46032 9605 GREENTREE DRIVE CHECK AMOUNT: $1,750.00 CARMEL IN 46032 CHECK NUMBER: 214260 «ON� CHECK DATE: 11/7/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 110512 1, 750 . 00 OTHER EXPENSES CLOSING STATEMENT Information for Real Estate 1099-S Report Filing: Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. From the information you provide below, a Form 1099-S will be produced, and a copy of it will be furnished to the IRS and to you no later than January 31, of the next year. If you fail to furnish adequate information, in particular a taxpayer ID number, then you will be subject to all IRS regulations, including the possible withholding of twenty percent (20%) of the current sales price. FEE OWNER: Kenneth G. & Jean E. Carrier ADDRESS: 9605 Greentree Drive, Carmel, IN 46032 DESCRIPTION OF PROPERTY: Lot 4 in Greentree Country Club Estates, Section A as per plat thereof recorded in Plat Book 2, Pages 150— 151 in the office of the Recorder of Hamilton County, hldiana. PROJECT: 96`x' Street Waterline SOCIAL SECURITY NO.: OR TAXPAYER ID NO.: PARCEL:17-13-08-03-02-015.000 COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $1,750.00 LAND AND/OR DAMAGES: IMPROVEMENTS: I (we) certify that the above is true and correct, and that it will appear on a Form 1099-S that will be sent to the hiternal Revenue Service and acknowledging receipt of payment. Fee Owners: --,Z Kenneth G. Carrier Date a�40 (�' J9 JeaE. Carrier Date i I C1� 4' Prior Deed References: Deed Book 278, Page 444 in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT This Water Line Easement Agreement (the "Agreement") is made and entered into this 1-S g day of ��vA 6e r , 2012, by and between Kenneth G. Carrier and Jean E. Carrier ("Grantor") and the City of Carmel, Indiana ("Grantee'). RECITALS: A. Grantor is the owner of certain real property located in Hamilton County, Indiana ("Grantor's Property"). B. Grantee, in cormection with Grantee's construction of a 16-inch water main (the "Project") requires a permanent, exclusive easement over, through, under, upon and across that portion of Grantor's Property more particularly described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein, (the "Easement Property") to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over, and across the Easement Property. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, reparing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment (the "Improvements") on, over, through, under, upon and across the Easement Property. Grantee shall have the right to: (a) make such alterations and improvements, with Grantor's written consent, except in the occurrence of an emergency repair, to the Easement Property as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. Grantee will repair, replace and return to as near original condition as possible any damage to Grantor's property as a result of the installation of the 16-inch water main upon Grantee's property. If the Improvements are installed in Rood faith in a location other than the location that is described and depicted in Exhibit B then. and in that Carrier easement grant Conn event, the Easement Property defined herein shall be revised to include that strip of land that is centered on the line or equipment as installed, and in such an event, Grantor and Grantee, shall join in the execution and acceptance of an appropriate substitute easement instrument if either Grantor or Grantee shall deliver to the other a written request for such a substitute easement instrument. Grantee shall also have the right of ingress and egress over, under, upon and across the Grantor's Property for purposes of access to the Easement Property. The easement also includes the rights and privileges to temporarily use, from time to time, additional space on the Grantor's Property, where available and necessary, for equipment and materials necessary for the installation, repair and maintenance of the Improvements located in, under, upon, over, and/or across the Easement Property, 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 com-rect the premises of such nearby property owners by service pipes to the Improvements installed by Grantee within the Easement Property, provided such nearby property owners, their grantees, successors, agents, or employees restore the portion of the Grantor's Property disturbed by their work to a condition that is as near the condition that existed just prior to the time the portion was distrubed by them as is practicable. 2. Obligations of Grantee. Subject to the terms described in Section 1 limiting the Grantee's obligation for repair and replacement, and the location of the Improvements on the Easement Property, Grantee shall restore the Easement Property, to the extent practicable, to the condition as existed prior to the conunencement of the Project. The Grantee shall maintain, repair, replace and service the Improvements. 3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property or perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. 4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence, structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee). ID Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 5. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for Carrier easement scant tbnn specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees). 6. Environniental Matters. Grantor covenants and represents that to the best of its knowledge, neither the Grantor's Property nor the Easement Property is not presently the subject of, nor is there the threat of any federal, state or states, or local envirom-nentally related lien, proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for enviromnentally related claims arising from or related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of this Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor's Property or the Easement Property not created by Grantee. 7. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from this indenture shall be filed with a court of competent jurisdiction within the State of Indiana. 8. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee associated with or related to the Grantor's Property or Easement Property. 9. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 10. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded, shall run with the Grantor's Property and the Easement Property. 11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and all prior agreements, conuinulications and negotiations between the parties, either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other persons shall be necessary for such termination,modification, or amendment. 12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 13. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other communications or documents required to be given, delivered or served or which may be given, delivered Carrier easement_rant form or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the respective parties as follows: If to Grantee: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Director of Utilities If to Grantor: Kenneth G. Carrier 9605 Greentree Drive Carmel, IN 460')2 Any such notice will be effective three days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. 14. Severability. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid,binding and enforceable to the fullest extent permitted by law. 15. Authority. The person executing this instrument on behalf of Grantor hereby represents that he has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action therefore has been taken. Grantor further represents and warrants to Grantee that Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor guarantees the quiet possession of the Easement Property to the Grantee; that the Easement Property is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the Carrier easement grant trim date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantee's title to the easement granted hereby against all claims thereon. 16. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees. 17. Damage and Loss of Trees. Grantee covenants that it will not remove any trees from the easement area on Grantor's property line. However, Grantee reserves the right to trim branches from trees that extend into the easement area 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 inuliediately adjacent to the easement should any tree die or sustain damage within a period of three years following the substantial completion date of the construction of the water main or line, with such loss or damage being attributed as a direct result of the installation of the water main or line. Grantor, at Grantor's expense 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 ID 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. IN WITNESS WHEREOF,the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. GRANTOR: By: By: �r a:� l�� ✓ Printed: Kenneth G. Carrier Printed: Jean E. Carrier Dater.—;,2e Date: Carrier easement grant form GRANTEE: THE CITY OF CARMEL By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: By: Mary Arm Burke, Member Date: By: Lori Watson, Member Date: ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: Carrier easement grant form E STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Ann Burke, and Lori Watson, who having been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity. WITNESS my hand and notarial seal, this day of 52012. My Commission Expires: Signed Name: My County of Residence: Printed Name: Carrier easement grant form f p STATE OF INDIANA ) SS: COUNTY OF Before me, a Notary Public in and for the State of Indiana, appeared Kenneth G. Carrier and Jean E. Carrier, who acknowledged the execution of the foregoing Water Line Easement Agreement as his/her voluntary act and deed. Witness my hand and Notarial seal this G day of -a2 , 2012. My Commission Expires: f °�N Notary Public My County of Residence: C � - � [Printed] This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One Civic Square, Carmel, IN 46032. I 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. Douglas C. Haney. Y:AProject Files - active\141511 Carmel - 96th and Towne Rd water main\45-003 Easement Acquisition\G Land Acquis Docs\Carrier easement grant form.DOC carrier easement grant firm EXHIBIT "A" OWNER: Kenneth G. Carrier and Jean E. Carrier DEED RECORD: Deed Book 278,Page 444 HAMILTON COUNTY PARCEL NO.: 17-13-08-03-02-015.000 PERMANENT WATERLINE EASEMENT A part of Lot 4 in Greentree Country Club Estates, Section A, as recorded in Plat Book 2,Pages 150 - 151 in the Office of the Recorder of Hamilton County, Indiana and being in Clay Township,Hamilton County, Indiana, said part being more particularly described as follows: Ten(10) feet by a line parallel with the south line of said lot off the entire southerly side of said Lot 4. The northerly line of said easement is to be extended or shortened to terminate at angle points in the easterly and westerly lines of said lot. Containing 0.021 acres (895 square feet), more or less. Subject to all legal highways,rights-of-ways, easements, and restrictions of record. DATE: October 26, 2011 RONALD L.NOLAN Registered Land Surveyor SO 439 `\ \��G\STEj�•.Ol� N0. * _ SO 439 '• STATE OF jq ...... 10�� Su Page 1 of 2 Y:'\Proiect Files-active\14151 1 Carmel Utilities-96th Sti-eeO.49-001 - SurveyTisements\6 Carriereasement.doe EXHM 'So OWNER:KENNETH G. CARRIER & JEAN E. CARRIER DEED RECORD: DEED BOOK 278, PAGE 444 HAMILTON COUNTY PARCEL NO. 17-13-08-03-02-015.000 i LOT 4 / GREENTREE I COUNTRY CLUB ESTATES I� r------ -- I I z I I a I I x I I I I I I I i I I I I � I a 50' BUILDING LINE \-1/—/-7-7 777"TTT z L L L —/� PERMENANT EASEMENT 0.021 ACRES (895 SQ. FT.)f 0 Q a °a m DRAR'NBY CHECKED BY APPRO-EDBY ��'�� "B" CURRENT SHEET NO. H.A.K. R.L.N. R.L.N. DRAWING SCALE w EASEMENT EXHIBIT 1 „_50, WESSLER KENNETH G.CARRIER&JEAN E. CARRIER PREPARED FOR: TOTAL SHEETS PROJECT NUMBER ENGINEERING THE CITY OF CARMEL,INDIANA s 141811.04.001 More than a ProjectT" 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 T0676 CARRIER, Kenneth & Jean Purchase Order No. 9605 Greentree Drive Terms Carmel„ IN 46032 Due Date 11/1/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 11/1/2012 110512 $1,750.00 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 off ic VOUCHER # 122661 WARRANT # ALLOWED T0676 IN SUM OF $ CARRIER, Kenneth & Jean 9605 Greentree Drive Carmel„ IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 110512 06-1052-10 $1,750.00 Availability Voucher Total $1,750.00 Cost distribution ledger classification if claim paid under vehicle highway fund