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Home My WebLink About216214 01/09/2013 CITY OF CARMEL, INDIANA VENDOR: 366814 Page 1 of 1 ONE CIVIC SQUARE ANDREW THOMAS CARMEL, INDIANA 46032 SHERI THOMAS CHECK AMOUNT: $4,545.00 3202 W 96TH ST CHECK NUMBER: 216214 CARMEL IN 46032 CHECK DATE: 1/9/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 1099S 4, 545 . 00 1099S 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: Andrew D. and Sheri S. Thomas ADDRESS: 3202 W. 96t' Street, Carmel, IN 46032 DESCRIPTION OF PROPERTY: Lot 6 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: 96`x' Street Waterline SOCIAL SECURITY NO.: OR TAXPAYER ID NO.: PARCEL:17-13-08-03-02-018.000 & COUNTY: Hamilton 17-13-08-02-018.001 CLOSING DATE: PURCHASE PRICE: $4,545.00 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 evenue Service and acknowledging receipt of payment. Fee Owners: Y %�' P Andrew D. Thomas Date i Sheri S. Thomas Date f C,r ga.. Prior Deed References: Instrument Number 9709723801 and Deed Book 357, Page 626 in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT 1-1, This Water Line Easement Agreement (the "Agreement") is made and entered into this ?-& day of I�1 o v ?,14 be c- , 2012, by and between Andrew D. Thomas and Sheri S. 'Thomas ("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 comlection 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, re p aring, 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 useftil in the exercise of Grantee's rights hereunder. If the hnprovements are installed in good faith in a location other than the location that is described and Thomas 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 distuubed 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 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). 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 Thomas 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 parry 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 envirommentally 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 (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, conununications 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 Thomas easement Brant 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 460')2 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Director of Utilities If to Grantor: Andrew D. Thomas 3202 West 96th Street Carmel,IN 46032 .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. A-Lithori1y. 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 Thomas easement grant 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 party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees. IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. GRANTOR: By: Printed: Andrew D. Thomas Printed: Sheri S. Thomas Date: Z61 Date: Thomas easement grant fort GRANTEE: THE CITY OF CARMEL By and tluough 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: Thomas easement Brant form STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Amt 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 , 2012. My Commission Expires: Signed Name: My County of Residence: Printed Name: Thomas easement grant four STATE OF INDIANA ) SS: COUNTY OF Before me, a Notaiy Public in and for the State of Indiana, appeared Andrew D. Thomas and Sheri S. Thomas, 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 ZLL*day of No U,2 v4 eJ , 2012. My Commission Expires: U' (- 2,j 15 Notary P blie My County of Residence: L s 0 {-}a""' l A 0 rl_ [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:\Project Files - active\14181 I Carmel - 96th and Towne Rd water main\48-003 Easement Acquisition\G Land Acquis Docs\Thomas easement grant form.DOC LORI OLDSON 5 ► Residen c Hamilton County, IN ,„�. Commissicr:expires:September 1, 2013 Thomas easement rant form EXHIBIT "A" OWNER: Andrew D. Thomas and Sheri S. Thomas DEED RECORD: Instrument Number 9709723801 and Deed Book 357, page 626 HAMILTON COUNTY PARCEL,NO.: 17-13-08-03-02-018.000 & 17-13-08-03-02-018.001 PERMANENT WATERLINE EASEMENT A part of Lot 6 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 6. 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 0.112 acres (4,875 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 Q�0 N0., * SO 439 ��•"•.• STATE OF ''� '� ••'oNDIANP°•�� Page 1 of 2 YAProject Files-active\1 1181 l Cannel Utilities-96th Street\48-001 -Survey\Easements\8 Thomas easement.doc OWNER:ANDREW D. THOMAS do SHERI S. THOMAS *EED RECORD: INSTRUMENT NO. 9709723801 AND DEED BOOK 357, PAGE 626 HAMILTON COUNTY PARCEL NO. 17-13-08-03-02-018.000 de 17-13-08-03-02-018.001 — —— ——— — —— — — —— — —— ——— I LOT 6 GREENTREE COUNTRY CLUB ESTATES 50' BUILDING LINE I I 0 25' PERMENANT EASEMENT 0.112 ACRES (4,875 SQ. FT.)t a 25' SANITARY SEWER EASEMENT TO CTRWD I CAUSE NO. 29DO3-9701—CP-00 20' WIDE SANITARY SEWER EASEMENT TO CTRWD Q INSTRUMENT NO. 9709715431 a DRAWN BY CHECIQ=D BY APPROVED BY EXHIBIT '61311 CURRENT VEET NO. H.A.K. R.L.N. R.L.N. i��H gqb DRAWING SCALE EASEMENT EXHIBIT ��_r 50� �� ANDREW D.THOMAS&SHERI S.THOMAS PREPARED FOR TOTALSHEETS PROJECT NUMBER ENGINEERING THE CITY OF CARMEL,INDIAPlA 0 141811.04.001 More than a Project'" VOUCHER # 123202 WARRANT # ALLOWED T2082 IN SUM OF $ THOMAS, ANDREW & SHERI 3202W 96TH ST CARMEL, IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 010713 06-1052-10 $4,545.00 Availability Voucher Total $4,545.00 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 T2082 THOMAS, ANDREW& SHERI Purchase Order No. 3202W 96TH ST Terms CARMEL, IN 46032 Due Date 1/7/2013 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/7/2013 010713 $4,545.00 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 Officer