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HomeMy WebLinkAbout216190 01/09/2013 *f CITY OF CARMEL, INDIANA VENDOR: 366821 Page 1 of 1 ONE CIVIC SQUARE NORMAN SCHMIDT AND BARBARA SCH1�CHH +' CARMEL, INDIANA 46032 3250 W 96TH ECK AMOUNT: $3,185.00 o� INDIANAPOLIS IN 46268 CHECK NUMBER: 216190 CHECK DATE: 1/912013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 EASEMENT 3 , 185 . 00 EASEMENT 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: Norman E. Schrnidt and Barbara E. Schmidt ADDRESS: 3250 W. 961' Street, Indianapolis, IN 46268 DESCRIPTION OF PROPERTY: Lot 10 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, Indiana. PROJECT: 96U' Street Waterline SOCIAL SECURITY NO.: OR TAXPAYER ID NO.: PARCEL:17-13-08-03-02-025.000 COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $3,185.00 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 Internal Revenue Service and acknowledging receipt of payment. mss-* Fee Owners: f� 2 Norman E. Sclunidt Date r Barbara E. Sclnnidt Date ��'# . Prior Deed References: Deed Book 319, Page 36 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 4 day of N�vz—ber , 2012, by and between Norman E Schmidt and Barbara E. Schmidt ("Grantor") and the City of Carmel,Indiana ("Grantee"). RECI'T'ALS: A. Grantor is the owner of certain real property located in Hamilton County, Indiana ("Grantor's Property'). B. Grantee, in connection 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) remove from the Easement Property, without liability for replacement or repair, 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 usefiil 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 Schmidt easement grant form depicted in 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 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. 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 commencement 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 inunediately 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). 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 Schmidt easement grant form 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 comlection with exercising any such remedy (including without limitation, court costs and attorneys' fees). 6. Envirornnental 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 envirormnentally 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, connnunications 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 Schmidt easement grant form or served under or by the terms and provisoes 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 Cannel, Indiana 46032 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Carmel,hidiana 46032 Attn: Director of Utilities If to Grantor: Norman E. Schmidt 3250 West 96th Street Indianapolis,IN 46268 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. Authori . The person executing this instrlunent 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 Schmidt easement Brant form 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 parry against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees. 17. Water Service Line. Grantee agrees to install a 1-inch service line upon Grantor's property at the time of construction of the 16-inch water main. Said water service line will be for use by Grantor, their heirs, successors or assigns. Grantor must pay to Grantee all applicalbe connection fees in effect at the time that Grantor desires to connect to Grantee's public water system. Applicable fees (availability fee, service connection fee, ect.) shall be paid to Grantee by Grantor prior to Grantor connecting to Grantee's public water system. IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. GRANTOR: BY: � C �� By: �- Printed: Norman E. Schmidt Printed: Barbara E. Schmidt Date: // / �c�/ Date: // /Z- Schmidt easement arant form 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: Schmidt easement grant form STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Aru1 Burke, and Lori Watson, who having been duly sworn/afffimed, state(s) that they are members of the City of Caimel's Board of Public Works and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity. zn WITNESS my hand and notarial seal,this day of 12012. My Commission Expires: Signed Name: My County of Residence: Printed Name: Schmidt easement grant form STATE OF INDIANA ) SS: COUNTY OF N�&� ) Before me, a Notary Public in and for the State of Indiana, appeared Norman E. Sclunidt and Barbara E. Schmidt, 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 day ofTti.�-A-14 2012. My Commission Expires: ` i\l i� �Q' - T, 3' '1° Newry Public 0 , My County of Residence: A- im�rZl [Printed] This instrument was prepared by and after recording return to: Douglas C. Haney, City 11f C ar.mel;''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:\Project Files - active\141811 Carmel - 96th and Towne Rd water rain\48-003 Easement Acquisition\G Land Acquis Docs\Schmidt easement grant form.DOC Schmidt easement grant form EVAAlf1DIT "A" " OVER: Norman E. Schmidt and Barbara E. Schmidt DEED RECORD: Deed Book 319,page 36 HAMILTON COUNTY PARCEL NO.: 17-13-08-03-02-025.000 PERMANENT WATERLINE EASEMENT A part of Lot 10 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: Twenty-five(25) feet by a line parallel with the south line of said lot off the entire southerly side of said Lot 10. 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 0.075 acres (3,250 square feet),more or less. Subject to all legal highways, rights-of-ways, easements, and restrictions of record. DATE: November 1,2011 RONALD L.NOLAN Registered Land Surveyor SO 439 /Xi/,/i p�Q�OS T EROl SO 439 _= STATE OF Page 1 of 2 Y:\Project Files-active`..141 S 1 1 Carmel Utilities-96th Street`.43-001 -Survey'.Easementsl12 Schmidt easernent.doc a EXHMrr 4 OWNER:NORMAN E. SCHMIDT &BOOK E. SCHMIDT DEED RECORD: DEED BOOK 319, RAGE 36 HAMILTON COUNTY PARCEL NO. 17-13-08-03®02°025.000 I I I I I I I I LOT 10 I I GREENTREE I COUNTRY CLUB I ESTATES I a I I � I I x I I I 50' BUILDING LINE � I I � I I I k/—/ 77777 —/ / 7 77'77 rz N 25' PERMENANT EASEMENT 0.075 ACRES 3 (3,250 SQ. FT.)± 25' SANITRY SEWER EASEMENT TO CTRWD INSTRUMENT NO. 9709715449 3 0 a 0 i a 0 DRAWN BY CHECI.D BY APPROVED BV EXHIBI` UuBull CURRENT SHEET NO. H.A.K. R.L.N. R.L.N. DRAWING SCALE w EASEMENT EXHIBIT 2 p p�{ NORMAN E.SCHMIDT&BARBARA E.SCHMIDT q S 9 4Q=50' ESSLER PREPARED FOR' TOTAL SHEETS PROJECT NUMBER ENGINEERING SPF��C9 ®f ��2�RA�@,, 9P9®9�a�fl� 2 141811.04.001 More than a Project- VOUCHER # 123201 WARRANT # ALLOWED T2081 IN SUM OF $ SCHMIDT, NORMAN & BARBARA 3250 W 96TH ST INDIANAPOLIS, IN 46268 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 010713 06-1052-10 $3,185.00 Availability Voucher Total $3,185.00 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 T2081 SCHMIDT, NORMAN & BARBARA Purchase Order No. 3250 W 96TH ST Terms INDIANAPOLIS, IN 46268 Due Date 1/7/2013 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/7/2013 010713 $3,185.00 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 Officer