Loading...
HomeMy WebLinkAbout218153 03/13/2013 CITY OF CARMEL, INDIANA VENDOR: 367003 Page 1 of 1 ONE CIVIC SQUARE MEDFORD PLACE LLC CARMEL, INDIANA 46032 8463 CASTLEWOOD DRIVE CHECK AMOUNT: $62,625.00 ? INDIANAPOLIS IN 46250 CHECK NUMBER: 218153 CHECK DATE: 3/1312013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 62 , 625 . 00 EASEMENT Form W-9 Request for Taxpayer Give Form to the requester.Do not (Rev.December 2011) Identification Number and Certification send to the IRS. Department of the Treasury Internal Revenue Service Name(as shown on your income tax return) 1 LL C -P.- K Nod, Business name/disregarded entity name,if different from above 03 �L� 0) CIS ° Check appropriate box for federal tax classification: ° ❑ Individual/sole proprietor ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate N T r- 0 El Exempt payee Z 3 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► -------------------- o C N ❑ Other(see instructions)► a o Requester's name and address(optional) Address(number,street,and apt.or suite no.) ` a m`' City,state,and ZIP code ID 1 ►J H List account number(s)here(o tional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a - - resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Employer identification number Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose number to enter. 0 7^ _ yJ 131 C/ �t Certification W 1 / 1 Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to 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,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signature of y � � �,� Here U.S.person► Date► General �nStrUCtIOnS Note.If a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Intemal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident Special rules for partnerships.Partnerships that conduct a trade or alien),to provide your correct TIN to the person requesting it(the business in the United States are generally required to pay a withholding requester)and,when applicable,to: tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United States,provide Form W-9 to the partnership to establish your U.S. payee.If applicable,you are also certifying that as a U.S.person,your status and avoid withholding on your share of partnership income. allocable share of any partnership income from a U.S.trade or business is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) n Prior Deed References: Instrument# 2007013044 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 [7 day of /��1',_ , 2012, by and between Medford Place, LLC, an Indiana li,ited 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 —Retail Parkway to 106th 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, 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) 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 1646963_4. 1 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. 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. 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 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 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 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 1646963_4. 2 parry 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 (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 (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, 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 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. 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 1646963_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: M co)�0 r c' -P`act 8Ll("3 Ccs ty-0xcA i7(-;ue. ivN6, a oc t L'S s-t,� q 50 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. Authorily. 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. 1646963_4. 4 GRANTOR: BY: N Signa e C ra%j M , Printed CL ir�c3�e1 Title 1646963_4. 5 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: 1646963_4. 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 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 STATE OF SS: COUNTY OF /�,�2,�,.� ) Before me, a Notary Public in and for the State of ,T� �Q personally appeared C'scz; 1A . , by me known to be the of Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement�for and on behalf of said Grantor. Witness my hand and Notarial seal this 17 day of lf,Or;'j , 2012. My Commission Expires: U Z - IB- /(S Ndfary Public , t ,r My C my of Residence: OS/ A2iy�! [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 1646963_4. 8 EXHIBIT 1 Grantor's Property Lots 2 and 3 in West Carmel Center Secondary Piat Slock C as recorded March 24,2004 in Plat Cabinet 3,Slide 373 and as Instrument No.200400018514 in the Office of the Recorder of Hamilton County,Indiana. f I I CAnnel Michi-an Road Water main AEI 13 EA.doc EXHIBIT "A" EASEMENT PART OF LOT 3 IN WEST CARMEL CENTER SECONDARY PLAT BLOCK C AS RECORDED MARCH 24,2004 IN PLAT CABINET 3,SLIDE 373 AS INSTRUMENT NO.200400018514 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the Southwest corner of said Lot 3, said point being on the right of way of U.S. 421 (Michigan Road) as per plat; thence North 18 degrees 39 minutes 52 seconds West, along said right of way, a distance of 461.53 feet; thence North 71 degrees 20 minutes 08 seconds East, a distance of 15.00 feet; thence South 18 degrees 39 minutes 52 seconds East, a distance of 456.61 feet to the southerly line of said Lot 3; thence South 53 degrees 11 minutes 22 seconds West, along the southerly line of said Lot 3, a distance of 15.79 feet to the PLACE OF BEGINNING. CONTAINING 0.16 ACRES(6886.048 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 200400018514, 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 f wp I STEREO 0 XV No. 29600021 TRENT E. NEWPORT STATE OF INDIANA LAND SURVEYOR l NO10 � NO. LS 29600021 O qN� SURV�y PREPARED BY: t i '•. 1 Transportation& Development Consultants Hu 9[a m 0aa UD&x 46101 InA 7W-1%5 I R&D: MICHIGAN ROAD DRAWN BY : CJL 12-19-11 PROJECT: MICHIGAN T RO{D SDR MAIN I fl REVISIONS: CJL 3-3-12 CHECKED BY : TEN COUNTY: HAMILTON SCALE : 1" = 200' SECTION: 7 EASEMENT EXHIBIT TOWNSHIP: 17 NORTH OWNER: MEDFORD PLACE, LLC RANGE: 3 WEST RECORD DOCUMENT: WARRANTY DEED #2007013044 tao' o ton 2M' ® HATCHED AREA IS THE SCAM t•'2W APPROXIMATE EASEMENT 's- sF NORTH 0 2 s, N20'57'18"W 63.60' LOT 2 ADMEDFORD LA LL 20 Sj#900,92 INST.#2007013044 \N \ \ \ \ \ \ © M .LA LL R/W PER PLAT \\\t� \ �� ��\ \ o INST.#2007013044 N71'20'08"E 15.00' \ \ in \ S18'39'5V"E� © PIPELINE EASEMENT �, \\ 456.61\ INST.#200200096550 \\\ D \ 11�� \ tp_ \\ ��� \\ DD SANITARY EASEMENT � \ ARC=32.76' \ INST.#200400016434 I �LOT 3 © S36'06'42"E 22.04'\ \\ ED ELECTRIC EASEMENT a \ \;j l► �" INST.#200400018411 ° \ ��ii" \ � S55'41'53"W 35.17' FD WATER EASEMENT S43'20'38"W 83.70' INST.#200300071088 30 S�. \SF� MPX g' \ > � S45'18'00"W 89.14' © PANHANDLE EASTERN ESMT. 120 \ \ MISC. RECORD 51 PAGE 595 \�\ Y '*\—S53'11'22"W 157.11' HD 20' DRAINAGE EASEMENT \ PER PLAT S53'11'22"W 15.79' PLACE OF BEGINNING ID DRAINAGE EASEMENT INST.#200500027090 LEGEND I.E. ESMT. — INGRESS/EGRESS EASEMENT B.S.L. — BUILDING SETBACK ��ESTE�0 0 anyEoverlaps, gaps oroinconsistencies leth t this subject reveal. to PREPARED BY: This plot was prepared from information obtained from Instrument Number 200400018514, as recorded in the Hamilton County Recorder's Office. No. 29600021 STATE OF / � � 3=3-12 !4 AND 10 yp� Trent E. Newport Date N� S U R`1 E Reg. Land Surveyor No. 29600021 "Transportation K State of Indiana Development Consultants HuWWm MW&x46107 pipa-ua If you decide to accept this offer of$62,625.00, 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 Medford Place, LLC landowner of the above-described property or interest in property, hereby accepts the offer of$62,625.00 made by the City of Carmel on this I day of 2012. BY: Medford Place, LLC cb Printed I/VL ou)`' S c;.f' Title NOTARY'S CERTIFICATE STATE OF IW1) ANA ) )SS: COUNTY OF /�w►�+o� ) Subscribed and sworn to before me this 7r day of APIZ _' 2012 My commission expires: `Z - /$- County of residence: A7A2 i oW S nature 3dADLE Y 1 /Zo5 i Printed 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 T1849 MEDFORD PLACE LLC Purchase Order No. 8463 Castlewood Drive Terms Indianapolis, IN 46250 Due Date 1/7/2013 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/7/2013 010713 $62,625.00 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 Off' er VOUCHER # 123203 WARRANT # ALLOWED T1849 IN SUM OF $ MEDFORD PLACE LLC 8463 Castlewood Drive Indianapolis, IN 46250 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 010713 06-1052-06 $62,625.00 Availability Voucher Total $62,625.00 Cost distribution ledger classification if claim paid under vehicle highway fund