216235 01/09/2013 CITY OF CARMEL, INDIANA VENDOR: 366826 Page 1 of 1
ONE CIVIC SQUARE WEST CARMEL MARKETPLACE LLC
CARMEL, INDIANA 46032 191 WEST NATIONWIDE BLVD SUITE 200 CHECK AMOUNT: $78,500.00
Ty."o'rc COLUMBUS OH 43215 CHECK NUMBER: 216235
4ow c
CHECK DATE: 1/9/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 EASEMENT 78, 500 . 00 EASEMENT
Prior Deed References:
Instrument # 2005030510 the
Recorder' s Office For Hamilton
County, Indiana ORS
WATER LINE EASEMENT AGREEMENT "
This Water Line Easement Agreement (the "A�_Treement") is made and entered into this day
of. 20i2, by and between West Carmel Marketplace, LLC . a limited liability company
or-anized and existing under and by the virtue of the laws of the State of Ohio ("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.
13. Grantee, in connection with Grantee's improvement/construction of the Michigan Road
Water Main installation —Retail Parkway to 106`x' Street (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, constructino . 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) subject to Section 2, remove from the Easement Property
any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth
berining, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition
Oi 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 I3 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
16469634. 1
I11St►'Lllllent. 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, f►'onl 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 Grantors 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.
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. Subject to
Grantee's rights and obligations in Sections I 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 elect or maintain any permanent StrUCtUres, obstructions, or other improvements Llllder
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 earthen mound or series or system of earthen
mounds.
4. Oblis,ations 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 plow 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
Improvements or Grantee's access to or use of the Easement Property.
>. 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
specific performance, and in the event that a party breaches any such covenant or agreement, the other
part- 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 (includin(T wlth0ut 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 an), 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 ObIR,,ations. 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, 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 othei'
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
or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be
in writing. Ai] 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
1640963_4.
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: e5f 60r,n Mork ,yf oce �LG
Zoluoihmst Y3 Z/
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 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 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.
16469634. 4
GRANTOR:
WEST CARMEL MARKETPLACE, LLC,
an Ohio limited liability company
By- !;4w
Name: Frank S. Benson,III
Title: President
I0469634. 5
GRANTEE:
THE CITY OF CARMEL
By and till-OLI,,h Its Boat-d Of Public Worl s and Safety
i
By:
Iame� Blain rd, Presiding Officer
Date:
B Y )61/(
ary Ann Burke,)4Ienlber
Date:
By:
L i atson, Member
Date:
ATTEST: San M.Ze
De ty Clerk IQtr
iaia L. Cordray, OAC, Clerk-Treasurer
Date:
10469634. 6
STATE OF INDIANA )
SS:
COUNTY OF I-IAN 11-TON )
Personally appeared before me this day James Brainard, Mary Ann Burke. and Lori Watson, Nvho 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 foreuoino Water Line Easement A-reement on behalf of such entity.
WITNESS my hand and notarial seal, this day of`z� s2�
My Commission Expires: Signed Name:
My County of Residence: Printed Name:
yi
1646963_4 7
STATE OF
> SS:
COUNTY OF
Before me, a Notary Public in and for the State of AkO personally appeared
�r-�rilC S_ 8ewSe� -by me l:no\vn to be the ��051�"t— of Grantor, who acknowledged
the execution of the loregoir►g Neater Line Easement Agreement for and on behalf of said Grantor.
Witness my hand and Notarial seal this day of J-LAvi,.O—, , 2012.
My Commission Expires:
Nota Public
My County of Residence: ST PM N L. Vl"', ER
�PI`I17tECl� = Attorney-At 1_fiiJ
Notary FuEiiC,Stet of 011110
Lifetime Con c.iss,c i
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
10 46QO3_a. g
lEXMBI'T I
Blocks A,13, C,D, and$in the Secondary Plat for Rest Camel Marketplace, an addition in
Hamilton County, Indiana, recorded September 26, 2006, .in Plot Cabinet 4, pave 149 as
Instrument No. 200600056955,corrected by a Certificate of Correction recorded December 5,
2006 as Instrument No. 200600071882, in the Office of the Recorder of Hamilton County,
Indiana,and corrected by a Certificate of Correction recorded December 27,2006,as Instrument
No.2006076620,in the Office of the Recorder of Hamilton County,Indiana.
EXHIBIT "'A"'
EASEMENT
A PART OF BLOCK A IN THE SECONDARY PLAT FOR WEST CARMEL MARKETPLACE,RECORDED AS INSTRUMENT
NUMBER 200600056955 IN PLAT CABINET 4,SLIDE 149 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Southeast corner of said Block A; thence South 88 degrees 53 minutes 19 seconds
West, along the South line of said Block A, a distance of 398.03 feet to the PLACE OF BEGINNING; thence
continuing South 88 degrees 53 minutes 19 seconds West, along the South line of said Block A, a distance
of 37.71 feet to the Southwest comer of said Block A; thence North 24 degrees 01 minutes 45 seconds
East, along the West line of said Block A, a distance of 47.14 feet to the Northwest corner of said Block
A; thence North 69 degrees 08 minutes 38 seconds East, along the North line of said Block A, a distance
of 2.26 feet; thence 46.14 feet along an arc to the left having a radius of 228,399.38 feet subtended by
a long chord with a bearing of South 20 decrees 49 minutes 07 seconds East and a length of 46.14 feet
to the PLACE OF BEGINNING; CONTAINING 0.02 ACRES(356.622 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 Number 200600056955, 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. Ne
No. 29600021
TRENT E. NEWPORT
STATE OF INDIANA LAND SURVEYOR
/NDIANP 0 NO. LS 29600021
PREPARED BY:
1-
M� � •
Transportation&
Development Consultants
Hv scear o;acw m2 x�mm pin�-iss
ROAD: MICHIGAN ROAD EXti ;� DRAWN BY : CJL 12-13-11
PROJECT: MICHIGAN ROAD FDR MAIN MIT CHECKED BY : TEN
96th ST.-106th ST. SCALE : 1" = 100'
COUNTY: HAMILTON
SECTION: 7 EASEMENT EXHIBIT
TOWWSHIP: 17 NORTH OWNER: WEST CARMEL MARKETPLACE OWNERS ASSOCIATION, INC.
RAGE: 3 EAST RECORD DOCUMENTS: LIMITED WARRANTY DEED, INST.n2008030541
sa' o sa too
HATCHED AREA IS THE
SCALE I'-100' ///,/7/ APPROXIMATE EASEMENT
N69108'3 "E 2.26' NORTH
.a
o'er
ry�
2
PLACE OF BEGINNING
S88'53'19"W 37.71' N81'06'42"W 35.36'
DETAIL 1"=20'
N53'53'18"E 87.20
---N36'06'42'W 39.39'
�P
WEST CARMEL MARKETPLACE SOS
N69- OWNERS ASSOCIATION \�8S
�� INST.#2008030541
.t \ s GN AGE ESMT A �N67'12'52"W 84.33' Fe
` \ JIVIYIA L BLOCK A ----i--
588'53'19"W 398.03'
N \
r �
S88-53' 94 435.74'
N
tZ/1 O
PLACE OF BEGINNING a M
co
L4
x rn
7H
O
C1
ARC LENGTH=46.14' LEGEND
R=228,399.38' D.&U.E. — DRAINAGE & UTILITY EASEMENT
CHORD BEARING=S20'49'07"E
CHORD=46.14'
E. NE BY:
EGISTER 0 No fieldwork was performed and therefore, this description is subject to
Ilk any overlaps, gaps or inconsistencies that a field survey might reveal.
This plot was prepared from information obtained from Instrument Number
N0. 29600021 200600056955, as recorded in the Hamilton County Recorder's Office.
STATE OF
�9 AND I ANP
S U R`1 Trent E. Newport Date
Reg. Land Surveyor No. 29600021 Development ation ll Consultants
State of Indiana M174050a,am for a 41011911 M-1155
Give Form to the, .
Form:" Yd.. 9..
Request .tfor.Tax a er .
p requester."Do.not
jR ° mt 20") Identiiication" Number and Certification
qv
sendto-the IRS:
Departrnent of the"Treasury. -
Intemal Revenue Service
Nwhe(as shown on your Income tax,retum)
West Carmel Marketplace,LLC, .
Business.name/disregarded name;'rf,diffeientfrom strove
.N.'- .
, a)
CD
Chedcappropriate:box.for federal tax cassificaton:
o I
W .❑.IndividuaVsole.piopri - ❑:;C Corporation ❑S Corporation ❑ Partnership ❑Tnut/estate
0
Q`,l irtiited lialiilitycompany:Enter the tax classification(C=C corporation,S=S corporation;P=partnership)►-- -
_ ❑Exempt payee
o. I -----, -
-:
Ow c ❑•:Other(we Instructions)
S •Address(number;street,And or suite no.) Repueste ess.(optionaq.:
r.e"
name and,addr.
a 19T YVestlVationwide Blvd,Suite 200
City.state,and ZIP code
Columbus,.Ohio 43215
List account nuinber(s)hen;(optional)
Tax"ayer"Idehtification Number(TIN)`:-
- " — g Soylal sacirrity mintier,
Enter your TM in:ttie appropriate box•The T1N,provided must match',the name Nen on the°Name".line
to avoid,backup withholding.fol individuals,•this js.your soblat security number.(SSN).However,fora
'resident alien,sole proprietor,or�disregarded_entity,see the Part Instruction on page 3.For other -. .7F:FM
entitle it is our em to er identificatiorn number(EIN).If you do nothave a number,,see How to get a m..
s, . Y P .Y.
77N on,page 3;.
Note:af the.account is.1n'more than one name,see the chart on page 4 for guidelines on.whose Einpbyeridentification mintier.
number to enter...'
Certification
Under penattles of,perjury;,.hcertUv that:`
1:The number shown on this follrml •is my correct taxpayer identification number.(or'I'am waiting,for a number to be issued to me),and-
2. I am not subject,to backup wlthtiolding'because:(a)I_am:exempt from backup withholding,or(b)I have.not been notified:by the(ntemal Revenue. `
Service.(IRS).that I:am subject.to backup witfiholding;as a result of a failure to report all;interest or:dividends,or(cpthe IRS has notified me that I-arn
no lon9er subject",to backup v{,ittihoiding,and.
3: I am a U.S.citiien or other.U.IS.person(defined belo4:
Certification instructions:.You must cross out it 2,abovpff you.have been notified;by.the IRS`that you,are currently subject to:backup;withholding,
because you have failed"to repo�t_ail•interest" d:.dividends on your taz return.For real estate transactions,Item 2'does not apply.,For.mortgage"
interest,paid,.acgOsltion�br-abandonmenf o eeured.property,cancellation of debt-,contributions.to anandividual retirement arrangement(IRA);and
generally,payments.other than i I to a ivi. nds;you are not required to sign the certifidaUon,tint you must provide your correct 71N:'See the`'
instructions.on page 4. "
sigh.
9 signature of:: �.
.Here us. n►: . . - :Date b.
Al'/�(-G+S" /9lQV Note;if a requester:givesyou aform other than.,Fam�:W-9 to.request
General.Instruction % your TIN,you must.use true requester's fomiaf it is sub§tantialiysimi r'
Section references are:to the lhtemal Revenue.Cbde unies_s otherwise tc,this r orm W-9.
noted: Defiriftion,of a U:S.person.:Forfederal tax'purposes;you are -
PU. OS6 Of FMn. considered:i U.S.person_if you are;
�.. .
A person who is'required to file#,information•return wM the IRS_must ••An individual who,is,a:U.S,citizen onU,S.resident alien,
obtain,your correct,tazpayeride�tlfication,number(rlN)"to.report;for ".' •A partnership corporation;company;or.association-created or.
example;incoine.paid to.you,.re,�ltestate VansacUons,.mortgage interest organized In,the tinted States or underthe iaws of the Unked.States,
you paid,acquisition or abandor)ment"of secured�property,cancellation - ,An estate(other thama:forelgr?.estate);°or
of-debt,or contributions"you made to an IRA.
Use Form VV-9 only if you are a U.S. A-domestic trust(as defined In Regulations section 301.7701 7).
y, y person(including a resident'
alien),,to provide your correct'hkfo the person requestingit(the Special rules for pa.Merships-Partnerships that conduct a trade-or,
requester)and vuhenapPllcable,lto: business'in the Unted States are generally.requiredto paya withholding
tax on any foreigg.partners•share of income`from such business: . ._
1.Certify that the nN'you are iy_ing:is_correct(or you are waiting,for ; Further;in certain cases where a'Form W-9 has not been received,a
number to be issued); partnership(s required to presume that ,lamer is a foreign person,
2.Certify that.you are riot-subject to:backup withholding,or and•pay.the withholding tax.,Therefore;if you are a UiS.person"that is a'-
3`Claim exemption from back�p•withholding if you are a U.S.exempt partner in a partnership conducting a trade.or:business"in the United.
"States, ,rovide Forrn.W-9 to.true partnership to establish ur U.S.;
payee.if"Applicable,.you are.also certifying that as a U.S..person your P y°
allocable share of any and•avold withlioiding on.your share of partnership Income.
ny,partnership income from a U.S-.trade or business
Is notsubjectao the withholdingax on foreign-partners'share of
effectively connected Income., "
C No:10231X Foim,W-9
C4 (Rev.12-2011) .
VOUCHER # 122391 WARRANT # ALLOWED
T1660 IN SUM OF $
West Carmel Marketplace LLC
C/O Steve Harper
191 WEST NATIONWIDE BLVD STE 20
COLUMBUS, OH 43215
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
100812 06-1052-06 $78,500.00
Availability
Voucher Total $78,500.00
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
T1660
West Carmel Marketplace LLC Purchase Order No.
C/O Steve Harper Terms
191 WEST NATIONWIDE BLVD STE 200 Due Date 10/8/2012
COLUMBUS, OH 43215
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/8/2012 100812 $78,500.00
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 O cer