216169 01/09/2013 CITY OF CARMEL, INDIANA VENDOR: 366818 Page 1 of 1
ONE CIVIC SQUARE R D G 2, LLC
CARMEL, INDIANA 46032 140 CHARLES ST#201
CHECK AMOUNT: $49,600.00
ATTN:MICKEY GILBERT CHECK NUMBER: 216169
ON` NEW YORK NY 10014
CHECK DATE: 1/9/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 EASEMENT 49, 600 . 00 EASEMENT
Prior Deed References Instrument No.
20 1 003 1 889 in Recorder's Office for Hamilton
County, Indiana
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "Agreement") is made and entered into this day
of RUC 2012, by and between RDG 2, LLC, also known as RDG2, LLC, a New York limited
liability company, ("Grantor") and the City of Carmel, Indiana ("Grantee").
RECITALS:
A. Grantor is the owners of certain real property located in Hamilton County, Indiana
("Grantor's Property") more particularly described in Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the Michigan Road
Water Main Installation — 96`I' Street to Retail Parkway (the "Project") requires a permanent, exclusive
easement over, through, under, upon and across that portion of Grantor's Property more particularly
'described and depicted on Exhibit A and 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:
I. 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.
repaving, 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) subject to Section 2, remove from the Easement Property
any fences, structures, asphalt or concrete paving, curbing or other improvements. trees, bushes, earth
berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition
Of such easement; and (b) make such alterations and improvements to the Easement Property as Grantee
deems may be necessary or useful in the exercise of Grantee's rights hereunder. If the Improvements are
installed in good faith in a location other than the location that is described and depicted in Exhibit A and
Exhibit B then. and in that 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
16460634. 1
P
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 connect 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. To the extent practical and within acceptable construction
practices, Grantee shall utilize directional boring for the initial installation of the water utility lines that
are a part of the Improvements. Open cutting or ditches shall be utilized to install service lines, taps,
hydrants, valves or similar items; as needed as part of the directional boring process; where two water
lines intersect or connect; or if problems arise with the directional boring process. Grantee shall not be
required to use directional boring for any future repair, maintencnace, replacement, reconstruction,
relocation of the Improvements. Grantee shall maintain, repair, replace and service the Improvments.
Notwithstanding anything in this Agreement to the contrary, Grantee shall restore the Easement Property
and Grantor's Property, to the extent practicable, to the condition as existed prior to the commencement of
the Project, including driveways thereon. This obligation to restore the driveways shall apply to all future
work, including repair, replacement or relocation of the Improvements.
I 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. Subject to
Grantee's rights and obligations in Sections 1 and 2 with respect to the Easement Property, Grantor shall
be entitled to maintain all improvements on the Grantor's Property in existence as of the date of this
Agreement. With the exception of those Improvements in existence on the date of this Agreement.
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. Grantor shall not 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 eartlien mound or series or system of earthen
mounds.
4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence,
sh'trcture, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee).
Grantor shall mow and care for the grass located within the Easement Property and shall maintain all other
parts of the Easement Property in good condition. Grantor shall not block, impede or interfere with the
lmprovements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein.
toucther 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
specific performance, and in the event that a party breaches any such covenant or agreement, the other
party ma_v exercise any remedy available hereunder, at law or in equity, and recover from the breaching
M46961 4.
party all amounts expended in connection with exercising any such remedy (including without limitation.
court costs and attorneys' fees).
6. Environmental 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 environmentally 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 environmentally related claims arising from or related to (1)
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 Obli�aations. 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 tinder 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 Aureement. This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and all prior agreements, communications 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 hldiana.
13. Notice. Any and all notices, demands, requests. submissions, approvals, consents, or other
communications or documents required to be given, delivered or served or xa%hich may be given, delivered
or served under or by the terms and provisons of this A<oreement 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 refirsal of delivery. All notices shall be addressed to the
respective parties as follo,,vs:
16469634. 3
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: RDG 2, LLC
140 Charles Street
420A
New York, NY 10014
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/she has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary
action therefore has been taken. Grantor fi l-ther represents and warrants to Grantee that Grantor is the fee
simple owner of the Easement Property; that Grantor has the ri(yht 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 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. Indemnification. Grantee shall indemnify, defend and save Grantor harmless fl'Olnn any and
all liability. loss, damage, Cost, obluatlon and expense which arises Out Of Or results from any ne-li`,ellt
act, whether of commission or omission, of Grantee, its agents, employees, contractors, subcontractors,
licensees or other claiming by, through or under Grantee, occurring in or about the Easement Property
whether in the exercise of Grantee's rights hereunder or in breach or excess thereof.
1646963_4. 4
IN WITNESS WHEREOF. the parties hereto have executed this Water Line Easement Agreement as of
the day and year first above written.
GRANTOR:
RDG 2, LLC, also known as RDG2, LLC
a New York limited 4ability company
BY:
Signature
Printed
Title
Date
16461)634. J
GRANTEE:
THE CITY OF CARMEL
By and through its Board of Public Works and Safety
By:
James Brainard, Presiding Officer
Date:
By:
Mary Ann Burke, Member
Date:
By:
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date:
1646Q634. 6
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, states) 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 , 2012.
My Commission Expires: Signed Name:
My County of Residence: Printed Name:
1646963_4. 7
MICHAEL L CHANG
/ Notary Public-State of Near York
STATE OF �` ) N0. C1CH6252832
Oualified in New York C n
_1��,,� ) SS: My Commission Expires lZ
COUNTY OF `� kv- A, )
Before me, a Notary Public in and for the State of personally appeared
I ,<ll�a Cn.Jo- by me known to be the oY Grantor, who acknowledged
the exe ution of the foregoing Water Line Easement Agreement for and on behalf of said Grantor.
Witness my hand and Notarial seal this day of 2012.
My Commission Expires: -
J2�/?�f 5 ;o ary ublic
My County of Residence: �i!�/� ' l
t1/_ [Printed]
This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel. One
Civic Square, Carmel, IN 46032.
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. Douglas C. Haney
EXHIBIT B
LOT 5 IN THE SECONDARY RE-PLAT OF BLOCK H WEST CARMEL MARKETPLACE AN ADDITION IN HAMILTON COUNTY,
INDIANA, AS PER PLAT THEREOF RECORDED DECEMBER 14,2006 IN PLAT CABINET 4, SLIDE 208 AS INSTRUMENT NO.
200600074178 IN.THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND AS CORRECTED BY A
CERTAIN CERTIFICATE OF CORRECTION RECORDED AUGUST 31,2007, AS INSTRUMENT NO. 2007-50053, IN THE
OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
Property Address: 9853 N. Michigan Rd., Carmel, IN 46032
CArmel Michigan Road Water main Keshav Note 4 EA.doc
EXHIBIT "A"
EASEMENT
A PART OF LOT 5 IN the SECONDARY REPLAT OF BLOCK H WEST CARMEL MARKETPLACE, A SUBDIVISION IN
HAMILTON COUNTY, INDIANA, RECORDED AS INSTRUMENT NUMBER 200600074178 IN P.C. 4, SLIDE 208, IN THE
OFFICE OF THE RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the Southwest corner of said Lot 5; the following two calls are along the West line of said
Lot 5: 1) thence North 18 degrees 19 minutes 42 seconds West, a distance of 55.96 feet; 2) thence
North 21 degrees 11 minutes 28 seconds West, a distance of 117.30 feet to the North line of said Lot 5;
thence North 69 degrees 03 minutes 23 seconds East, a distance of 15.00 feet along said North lot line;
thence South 21 degrees 11 minutes 28 seconds East, a distance of 117.61 feet; thence South 18 degrees
19 minutes 42 seconds East, a distance of 55.65, to the South line of said Lot 5; thence South 69
degrees 03 minutes 23 seconds West, along the South line of said Lot 5, a distance of 15.02 feet to the
PLACE OF BEGINNING, CONTAINING 0.0597 ACRES(2599 SQ.FT.)MORE OR LESS.
I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that this
description was prepared from information obtained from Instrument Numbers 2010031889 and
200600074178, as recorded in the Hamilton County Recorder's Office. No fieldwork was performed and
therefore, this description is subject to any overlaps, gaps or inconsistencies that a field survey might
reveal.
E. N t
1STE,? 0
//-J �� 16-12
No. 29600021 Trent E. Newport Date
Reg. Land Surveyor No. 29600021
STATE OF State of Indiana
�/ D ANP �
qN IN I O
D S U RN�y
PREPARED BY:
'1'r:msportation&
DeNelopment Consultants
417 9E�OR KEM MIL N 4101(317)3p-155$
ROAD: MICHIGAN ROAD DRAWN BY : CAW 02-16-12
PROJECT: MICHIGAN ROAD FDR MAIN EXHIBIT REVISED BY : CAW 06-27-12
96th ST.-106th ST. CHECKED BY : TEN
COUNTY: HAMILTON EASEMENT EXHIBIT SCALE : 1" = 120'
SECTION: 7
TOWNSHIP: 17 NORTH OWNER: RDG 2, LLC.
RANGE: 3 EAST RECORD DOCUMENTS: SPECIAL LIMITED LIABILITY COMPANY WARRANTY DEED, INST.#2010031889
60' 0 60' 120'
SCALE: 1'= 120'
NORTH
HATCHED AREA IS THE
APPROXIMATE EASEMENT
S
' S6 �'�SM \
\�E \ LEGEND
\ \ \\ D.&U.E. — DRAINAGE & UTILITY EASEMENT
\ \ s
I/E ESMT. — INGRESS/EGRESS EASEMENT
F.Y.S. — FRONT YARD SETBACK
L.S. = LANDSCAPE EASEMENT
\ \\\ \ C) U.E. UTILITY EASEMENT
\ WEST CARMEL MARKETPLACE G\ r
P.C. 4, Sid. 149 c^\\o
\ o_
LOT 2 \\ LINE TABLE
Lt N18'19'42"W 55.96'
cp-, \\ SIGNAGE \\ L2 N21'11'28"W 117.30'
ESMT. \`� L3 N69'03'23"E 15.00'
L4 S21*11'28"E 117.61'
\ \\
L5 S18'19'42"E 55.65'
L6 S69'03'23"W 15.02'
' ORSEN � ��� ) 569 p•5�' �
SECONDARY REPLAT OF w
BLOCK H WEST CARMEL o_
MARKETPLACE av
\ \� P.C. 4, Sid. 208
APP. R/W PER �� p\\�\ \J LOT 5 r?,
INST.#2000-3707 �� \\ \� RDG 2. LLC. 6
INSTR. NO. 20100318 v-
��/ rcr\1 \\�9•p3 216
BLOCK H
PLACE OF BEGINNING 30' SIDE YARD SETBACK —
25 �PZER ESMT. N88'40'49"E 294.90'
E. NEh PREPARED BY:
STEq p0� No fieldwork was performed and therefore, this description is subject to
o any overlaps, gaps or inconsistencies that a field survey might reveal.
This plot was prepared from information obtained from Instrument Number
N0. 29600021 200600074178, as recorded in the Hamilton County Recorder's Office.
STATE OF
l /ND I A0' Q� Trent E. Newport Date
qN� S U P Reg. Land Surveyor No. 29600021 Transportation
State of Indiana Development Consulinnts
3411 W WN 9R d[(R(AIM.IN 16101 (511)7E 1- 55
If you decide to accept this offer of$49,600.00, sign your name below and mail this form to the address
indicated above. An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
RDG 2, LLC, a/k/a RDG2, LLC, landowner of the above-described property or interest in
property, hereb7,accepts the offer of$49,600.00 made by the City of Carmel on this
day of 2012.
RDG 2, LLC, 4k/a RDG2, LLC
BY-1W
Si(Inatu
g 1G
Printed
Title
NOTARY'S CERTIFICATE
=Public ,L L CHANG
9',,�n U>iL State of New York
STATE OF Y ) CH6252832)SS: New York C un COUNTY OF `i(A ) xpires ,f
Subscribed and sworn to before me this day of 71U a 2012
My commission expires:
County of residence: idv
iOnature
Printed
VOUCHER # 122989 WARRANT # ALLOWED
T2059 IN SUM OF $
RDG 2, LLC
140 Charles St #20!
Attn: Mickey Gilbert
New York, NY 10014,
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
121012 06-1052-06 $49,600.00
Availability
1
Voucher Total $49,600.00
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
T2059
RDG 2, LLC Purchase Order No.
140 Charles St#20! Terms
Attn: Mickey Gilbert Due Date 12/5/2012
New York, NY 10014,
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
12/5/2012 121012 $49,600.00
hereby certify that the attached invoice(s), or bill(s) is (are) true and
Dorrect and I have audited same in accordance with IC 5-11-10-1.6
Date Officer