216236 01/09/2013 CITY OF CARMEL, INDIANA VENDOR: 366825 Page 1 of 1
ONE CIVIC SQUARE WEST CARMEL MARKETPLACE OWNE
CARMEL, INDIANA 46032 ASSOCIATION,INC BECK AMOUNT: $14,700.00
191 WEST NATIONWIDE BLVD,SUITE 20 CHECK NUMBER: 216236
COLUMBUS OH 43215
CHECK DATE: 1/9/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 EASEMENT 14, 700 . 00 EASEMENT
Form � .9' Request for TaxpaYer
Grate Form to the• .
(Rev.December 2011.) requester.Do not
(Rev. nest berg 11.) Identification, Number and lCedifcation -Send to the IRS;
Internal Revenue Service
Name(as shown on your into e.tax retum)
West Carmel Marketplqce Owners Association,Inc.
N .Business name/disreg4rded a itity.name,if different from above
m
Check appropriate box for federal tax classification:
c, -
.❑:Individual/sole proprietor ❑ C Corporation ❑S Corporation•_ ❑ Partnership ❑Tr.st/estate
o ❑ tY P
v Untted liability company.Faster the tax classifit ation(C=C-corporation,S=S corparation;P=partnership)10,
Exempt❑ � "
`o.� --------------------- --
n V[e,Other(see instructions)I- /j.O/'J. /'o Add—'(number,street;and pt or.su'de no.) Requester's name and address(optional)
1.91 West Nationwide Blvd,Suite 200 _
AA. City;state,antl ZIP code
N+Columbus,Ohio 43215
Usf account number(s)here(o onaq
Taxpayer lder>ltffication Number IN
Enter your TIN in the appropriate box.The TIN•piovide6must match the name given on the"Name"line Social security number .
Wavoid backup withholding.For IndiVlduals;this is your social:security,number(SS".However,for a
resident alien,sole proprietor,or disregarded entity,.see•the Part)instructions on page 3.For-other
entities,It is your employer identification number(EIN).If you do nothave a number,see How to get a FM -1:11 -
711V on page 3:.
Note.If the account is in more th7 one name,seethe chart on page 4 for guidelines on whose. Employer identification number.
number to enter.
.-I 9 � 8
•. Certification �.
Under penalties-of perjury,I.certify that
1..The'number shown•on this forrjt Is my correct taxpayer identification•numbar_(or I.am waiting for a nurnberto be issued to me);and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I haVe'not been notified by the Internal'Revenue'
Service(IRS)that I am subject to backup withholding as a result of a-failure to report all Interest or dividends,of(c).the.IFiS has notified me that I am
no longer subject to.backup withholding,and
3.1 am,a U.S.:citizen or other,U.E.person(defined below):
Certification Instructions.You njusf cross out Item 2 above If you have been notified try the IRS that•you are currently subject to backup withholding'
because you have failed to,reporttali.interest and dividends onyour tax return.For.real estate transactions,Item 2 does not apply.For mortgage
interest:paid;acquisition.o'r abandonment of secured'property,cancellation.of debt,.contributions to an individual retirement arrangement pRA),and
generally,payments other,e n interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See file
Instructions on page 4•
Sign Slgnaiure of
Here ...us person. Date►
General {ns#ructions .. MA &.K' - lei.P�&k; .;f:a reguestergives you a form otheranan Fofm W-9 to request
your TIN,you must use the requester's form if It is substantially similar
Section references are to the Internal Revenue Code unl otherwise to this'Form`IN-9.
noted. Definition•:of a.U,S.person.For federal tax.purposes,you are
Purpose of Form, I considered a U.S.person if you are:
U.S.citizen or U.S.resident alien,.
A.person who is required to file ar)information return with the IRS must,
obtain your correct taxpayer Identification to report,for •A partnership,corporation,company,or assoclation'created or
example,income paid.to you,real estate transactions;mortgage interest, organiied 'in the United States or under the laws of the.United States,
you,palci,acquisition or abandonment of secured property,.cancellation .An estate(other than a foreignestate),or
of debt,or contributions you made to an IRA.
Use Form W-9 only if you area U.S.person(including a resident °A domestic trust(as defined in Regulations section 301.7701-7).
afien),'to provide your,correct TIN to the person requesting it(the Special'rules for partnerships:Partnershipsthat conduct a trade or,
requester)and,when applicable, o: . business In the Uhked States are generally required to.pay a withholding
tax oneny foreign partners°share of income from such business.
1.Certify that'the TIN you are g ving is correct(or you are waiting for a Further,in certain cases where a Forrn,W=g has not been received,a
nut iberto be issued), pwthershipis required to presume that partner is a foreign person,-
2:Certify that you are not subjecIt to backup withholding;or and pay the withholding tax.Therefore,If you area U.S..person,.thdt is,a
3.Oaim.ezemption from backu withholding if you are aU.S.-exempt partner in a partnership conducting a trade orbusiness In the United `
payee;If-applicable,you are also rtifying that as a U.S'.person,your States,provide Form W-9 to the partnership to establish your U:S.
allocable share of any.partnership(income from a U.S.trade or.business status.and avoid,withholding on.your share of partnership income.
is not subject to the withholding bkx on foreign partners'-share of
effectively connected income."
Cat No.10231X Form VIf-9.(Rev.12-201.1)
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` 7 i
Prior Deed References: Instrument
# 2008030s4 I the Recorder's 011-ice
for Hamilton County, Indiana
WATER LINE EASEMENT AGRE_,EMENT
IV,
This Water I_,Ine Lasement Agreement (tile "Agreeincrit ) IS made and entered into this day
of 2012, by and between West Carmel Marketplace Owners Association, Inc., an Indiana
not for profit corporarion organized and existing under and by the virtue of the laws of the State of Indiana
("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 I attached hereto and incorporated herein.
B. Grantee, 111 connection with Grantee's Ii11prOVeliient/collstrLICtIOn Of the Michigan Road
Water Main Installation —Retail Parkway t0 106t1i Street (the "Protect") regUireS a permanent, CxCIIISIVC
casement Over, thl'OU"ll, Under. upon and across that portion Of Grantors Property more partlCUlarly
described and depicted on Exhibit A and Exhibit B attached hereto and incorporated herein, (the
"Easement Property") to provide for the laying, installing, ConstrUCtlllg, 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
berming. landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition
cif 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
1.1xhibit 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
16469634. 1
Grantors Property fox' llllrposes of access to the Easement Property. The easement also Includes the rights
and prIvllCgcs to temporal'lly LISC. From time to tulle, additional space on the Grantors Property, where
avallable and necessary, for equipment and materials Necessary fox' the installation. repair and mallitenallce
of the Improvements located ill, 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 p►-ior to the tinic the portion was distrubed by them as is practicable.
2. Obli� ations of Grantee. To the extent practical and within acceptable construction
practices, Grantee shall utilize directional boring for the initial installation of the water utility Mlles that
are a part of the improvements. Open cuttin(T or ditches shall be utilized to install set-vice 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, nlaintencnace. replacement, reconstruction,
relocation of the Improvements. Grantee shall maintain, repair, replace and service the I►nprovments.
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
crecting of illaintaining In the Easement Property of any earthen mound of series of system of earthen
lllollrlds.
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 plow and cafe 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.
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
specific performance, and in the event that a party breaches any such covenant or agreement, the other
I6469634. 7
party may exercise any remedy available hereLUlder, at law or in equity, and recover from the breaching
party all a111ouI1tS expended in connection with exercising any SL1Ch rellledy (i►1CILldlllg wlthOLIt 111111tatloll.
Court costs and attornevS' Ices).
6. hnvironnlental Matters. Grantor covenants and represents that to the best of its knowled()c.
neither the Grantor's Property nor the Easement Property iS not presently the Subject of. nor is there the
threat of an), lederal, state or states, or local environmentally related lien, proceeding, claim, liability or
action. Grantor a0 recs that between Grantor and Grantee, the acceptance of tills Agreement by Grantee
Shall not increase the liability of Grantee for environmentally related claims arisinoo from of related to (1)
Conditions oil the Grantor S Property of the Easement Property prior to the acceptance of this
Agreement; (i1) acts o1 Grantor or any other third party: of (ill) conditions oil the Grantor's Property or the
Easement Property not created by Grantee.
7. .lurisdiction. Grantor and Grantee agree that any litigation associated with or arising from
this indenture shall be tiled with a court of competent jurisdiction within the State of Indiana.
8. Other Oblil;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 fec
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 deenled to be a
waiver of any other default under this Agreement. Any remedy or election Linder this Agreement will not
be deemed exclusive, but instead, whenever legally permissible. will be CLi111LIIative with all other
remedies at law of 111 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, coin III Lill ications 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
Corinlnuulications or doClllllelltS 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. All notices shall be either (a) sent by overnight delivery Lisulg a nationally recognized
overnight courier. in which case notice shall be deenled 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
16469034.
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: l,('e 60" el M?r�lc aline OGU�1eR5 �CaaJ4M
/_91�iJ � e y�✓ 4 t fe 2co
v5, df1 3 z S
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 terns or provision to persons or
CIrCLInlstances other than those as to which it is held invalid or unenforceable. shall not be affected
thereby, and each SLICII terin, covenant, condition and provision of this Agreement shall COntHILIC 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 IiCIIS o►• 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 brOLIght by either party against
the other Linder this Agreement, the prevailing party shall be entitled to recover all costs and expenses.
HICluding 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.
10409634 4
GRANTOR:
WEST CARMEL MARKETPLACE OWNER'S
ASSOCIATION, INC.,
an Incil-ana not for profit c porltioll
By
Julie Engle. President
16469634. 5
GRANTEE:
THE CITY OF CARMEI,
By and through its Board of Public Works and Safety,
By: /�li�T
James Brainard, Presiding 011icer
Date:
By
Mar Ann Burke. Member
Date: 9-'
By: I
Lori tson, Member
Date: �lI I /i -,)--
SandT&M.XobW
ATTEST: ,._l� oty Clerk
� , &T
Di na L. Cordray, I Clerk-Treasurer
Date:
16469634. 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, state(s) that they are members of the City of Carmel's Board ol� Public Works
and Safety and have eXecuted the ioregoino Water Line Casement Agreement on behalf ol•such entity.
WITNESS m} hand and notarial seal, this day of � 2012.
My Commission Expires: g ��y f Signed Name: 9
My County of Residence: Printed Name:
16469(3.4. 7
STATE' 01 01*C-) )
SS:
COUNTY OF
1-3c(orc nu, a Notary Public in and for the State of_�fj,0 personally appeared ,lulic Eliole,
by n1e known to be the President of Grantor, who acknowled-ed the execution of the foregoing Water
Line Easement Agreement for and on behalf of said Grantor.
Witness ►rly hand and Notarial seal this day of WpfZ , 2012.
My.Conlnlission Expires:
otar Pu he
My County of Residence:
STEPHEN L.HAMPER
Pi'1I]tECI'1J Notary Fublic,Stata Of ON
p,. Lifetime Comr;iss on
� 1111111111}l\\\\�
-[his instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel. One
Civic Square, Carmel, IN 46032.
1 affirm, tinder the penalties for perjury, that I have taken reasonable care to redact each Social Security
IlUmber in this dOClllllellt. Ul1leSS required by law. DOUgIas C. Haney
16409634. 8
EXM]BIT I
Blocks A,B, C,D, and E in the Secondary Plat for West Carmel Marketplace, an addition in
Hamilton County, Indiana, recorded September 26, 2006, in Plot Cabinet 4, gage 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.2406076620,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 MARKET PLACE,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 corner 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 degrees 49 minutes 07 seconds East and a length of 46.14 feet
to the PLACE OF BEGINNING; CONTAINING 0.02 ACRES(856.622 SO.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.
c,t TER 10 0?
No. 29600021
TRENT E. NEWPORT
STATE OF INDIANA LAND SURVEYOR
DIANP 0i NO. LS 29600021
9N0 SURICO
PREPARED BY.
'Transportation&
Development Consultants
U17 aMM DK BQM smt x wpm 014 M-1%
ROAD: MICHIGAN ROAD DRAWN BY : CJL 12-13-11
PROJECT: MICHIGAN ROAD FDR MAIN EXHIBIT 7i CHECKED BY : TEN
96th ST.-106th ST. SCALE : 1" = 100'
COUNTY: HAMILTON
SECTION: 7 EASEMENT EXHIBIT
TOWNSHIP: 17 NORTH OWNER: WEST CARMEL MARKETPLACE OWNERS ASSOCIATION, INC.
RA,';GE: 3 EAST RECORD DOCUMENTS: LIMITED WARRANTY DEED, INST.n2008030541
HATCHED AREA IS THE
sex-1 t•-im• APPROXIMATE EASEMENT
N69'08'3 "E 2.26' NORTH
a
a
r4/
PLACE OF BEGINNING
588'53'19"W 37,71' N81'06'42"W 35.36''
DETAIL 1"=20' 1
N53'53'18"E 87.20 i
��NN36'06'42'W 39.39'
y Ya�i�
gti Ems' .
0a �D WEST CARMEL MARKETPLACE\pS
OWNERS ASSOCIATION .8S
INST.#2008030541
SiGNAGE ESM BLOCK A ———— �IJ67'12'S2"W 84.33'
—— ————188'53'19"W 398.03'
` \ 188'53'19"W 435.74'
.— cn
�.„ PLACE OF BEGINNING =4-m
cn
w
irn
rn
Ln
IS
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. N fk, PREPARED BY:
rG,ISTERF 0 No fieldwork was performed and therefore, this description is subject to �. •��
any overlaps, gaps or inconsistencies that a field survey might reveal. ^gg K=
This plot was prepared from information obtained from Instrument Number °
No. 29600021 200600056955, as recorded in the Hamilton County Recorder's Office.
STATE OF CA�(�/
' lq AND 1 ANP ���
s U p, `
Trent E. Newport Date
Reg. Land Surveyor No. 29600021 Transportation&
Development Consultants
State of Indiana ��,, ,p,n��
VOUCHER # 122393 WARRANT # ALLOWED
T1658 IN SUM OF $
WEST CARMEL mARKETPLACE OWNI
191 WEST NATIONAWIDE BLVD STE 2
COLUMBUS, OH 43215
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
100812 06-1052-06 $14,700.00
Availability
Voucher Total $14,700.00
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
T1658
WEST CARMEL mARKETPLACE OWNERS AS; Purchase Order No.
191 WEST NATIONAWIDE BLVD STE 200 Terms
COLUMBUS, OH 43215 Due Date 10/8/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/8/2012 100812 $14,700.00
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 icer