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HomeMy WebLinkAbout221729 07/02/2013 CITY OF CARMEL, INDIANA VENDOR: 367245 Page 1 of 1 ONE CIVIC SQUARE TARGET CORPORATION CARMEL INDIANA 46032 ATTN.ERIN OGLESBAY,ESQ CHECK AMOUNT: $7,500.00 , �rc 1000 NICOLLET MALL,TPS-3155 CHECK NUMBER: 221729 MINNEAPOLIS NC 55403 CHECK DATE: 7/2/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 070113 7, 500 . 00 OTHER EXPENSES Prior Deed References: Instrument # 200000050551 in the Recorder's Office for Hamilton County, Indiana i WATER LINE EASEMENT AGREEMENT (Target Store T-1366) This Water Line Easement Agreement (the "Agreement") is made and entered into this day of , 2013, by and between Target Corporation, a Minnesota corporation ("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") 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 106`" Street (the "Project"), requires a permanent non- exclusive easement through, upon and across the subterranean 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 a perpetual non- exclusive easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment (the "Improvements") through, 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. 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 the directional boring process fails. Grantee shall use directional boring for any future repair, maintenance, replacement, reconstruction, or relocation of the Improvements to the extent practical. Grantee shall maintain, repair, replace and service the Improvements. 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. Grantee, or its contractor, shall undertake all commercially reasonable efforts to keep the Easement Property in good condition and repair, and shall be responsible for promptly repairing (i) damage to the paved access area no later than five (5) business days after completion of any principal work; and damage to any other portion of the Easement Property no later than forty-five (45) days after completion of any principal work. For example, if the project required a water line, Grantee shall cause (i) the repaving of the area disturbed within five (5) business days following the installation of such water line; and (ii) the replacement of landscaping of the area disturbed within forty-five (45) days following installation of the water line, all subject to weather delays and other items of force majeure. 3. Continuous Access. Except for emergencies involving the public health, safety or welfare, in the event that any construction work which is the subject of this Agreement requires a temporary blockage of access to Grantor's Property, Grantee, or its specified contractor, shall notify Grantor at least ten (10) days prior to commencement of the anticipated work. In addition, any such work shall be undertaken in a manner to minimize the limitation on ingress and egress to the balance of Grantor's Property. Except for emergencies involving the public health, safety or welfare, one-half of the driveway located on the Easement Property and on Grantor's Property shall remain open at all times in order to assure appropriate circulation for the overall site. During instances of temporary blockage, Grantee shall place temporary signage reasonably acceptable to Grantor in order to redirect invitees of Grantor to another entrance to Grantor's Property and, except for emergencies, blockage of the entire driveway shall not continue for more than four (4) consecutive hours between 8:00 a.m. — 6:00 p.m. 4. Construction Schedule. Except for emergencies involving the public health, safety or welfare, in which case Grantee shall notify Grantor as soon as reasonably practicable thereafter, prior to commencement of any work on the Easement Property, Grantor and Grantee shall jointly establish a construction schedule and work plan that accommodates the Project and minimizes work on the Easement Property. The goal of that construction schedule and work plan shall be to minimize any interference with use of the Easement Property by Target for ingress and egress to its adjacent store. To this end, there shall be no open cutting of the Easement Property between November 1 and January 30. 5. 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, which improvements shall remain the property of Grantor. 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, without Grantee's written consent, which consent shall not be unreasonably withheld, but may be conditioned upon the Grantor's future improvements not interfering with the Improvements and Grantee not being responsible for maintenance, repair or replacement of Grantor's further improvements. Any such future improvements and related work shall be at Grantor's sole expense, in accordance and with all applicable codes, ordinances, laws and regulations, and shall require Grantor to obtain all otherwise necessary approvals and/or permits from the City of Carmel, its Plan Commission and any other municipal body or entity entitled to review such construction or related work. Grantor shall not perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement 2 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. 6. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence and structure (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 as permitted hereby. 7. Site Improvements. All site improvements, including signage, that are now or hereafter situated within the Easement Property shall remain that of the Grantor (whether that be Grantor as fee owner or as lessee), and the same shall in all circumstances be restored to the condition that existed immediately prior to the exercise by Grantor of its rights under this Easement. 8. 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 party may exercise any remedy available hereunder; at law or in equity. 9. Point of Contact. Grantee, or its contractor, shall provide Grantor, at least five (5) business days prior to the commencement of work hereunder, with a contact name and phone number so as to facilitate discussion of any concerns at the Project site during the period of any constrution work on the Easment Property. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 16. 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 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: Target Corporation 1000 Nicollet Mall, TPS-3155 Minneapolis, MN 55403 Attn: Erin Oglesbay, Esq. With a Copy to: Fredrikson&Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Attn: Mark D. Savin, Esq. Any such notice will be effective three (3) days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. 17. 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 pennitted by law. 18. 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 4 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. 19. 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. GRAN'T'OR: TARGEA4J"' RATION, a Mi ota corporation By: W-/-� �115 Pes L T ucker Its: Director Real Estate (Print ame an rtle) STATE OF Annefoft� ) SS: COUNTY OF ) Before me, a Notary Public in and for the State of 44)nneg p{ personally appeared James L. Tucke., , by me known to be the [)JIT for 08a/ h 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 l day of APril , 2013. M,y/�ommission Expires: JaI111110/ ;5/, Z1)/io (Signature) Notary Public i My County of Residence: Y G( ✓-�(f 1 of (Printed Name) IJ n.nn��n/VVV� AMBER ROSE HAGUE tdOTARV PUBLIC-MINNESOTA MY COMMISSION EYPIRES JAN.31,2016 [- /\AAA^A/I nnnnnA/AMM/\ 5 GRANTEE: THE CITY OF CARMEL By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: By: h� Mary nn Burke, Member Date: f By: �r*atson, Member Date: W� - -2 ATTES D' na L. Cordray, IA C Clerk-Treasurer Date: fulcJ� l �j 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 694-�- day of , 2013. n My Commission Expires: Q01 ;.O a0 (Signature) Notary Public My County of Residence: { 10i (Printed Name) 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 7 EXHIBIT 1 Grantor's Property Lot I in Amended Block D of West Cannel Center,an Addition in Hamilton County, Indiana, as per plat thereof recorded November 20, 2002 in Plat Cabinet 3, Slide 98 as Insbvment No. 200200089230, in the Office of the Recorder of Hamilton County,Indiana. 1-1 EXHIBIT A Easement Property EXHIBIT "Ari EASEMENT PART OF LOT 1 IN WEST CARMEL CENTER AMENDED SECONDARY PLAT BLOCK D.RECORDED AS INSTRUMENT NUMBER 200200080230 IN P.C.3,SLIDE.98 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY.INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest comer of sold Lot 1; thence North 53 degrees 11 minutes 22 seconds East, along tale North line of said Lot 1, a distance of 14.54 feet to the PLACE OF BEGINNING; thenco North 53 degrees 11 minutes 22 seconds East, along the North line or said Lot 1, a dlstanco of 15.65 feel; thence South 17 degrees 62 minutes 09 seconds East, a distance of 50.94 foot to the South line of said Lot 1; thence South 53 degrees 53 minutes 18 seconds West, along the South line of said Lot 1, o distance of 15.79 feet; thence North 17 degrees 52 minutes 09 seconds West, a distance of 50.74 feet to the PLACE OF BEGINNING. CONTAINING 0.0178 ACRES(782 80.FT.)MORE OR LESS. I. 'front 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 200200089230, as mcorded in the Humllton County Recorder's Office. No fieldwork was performed and therefore, this description Is subleet to any overlaps, gaps or inconsistencies that o field survey might reveal. ,\Q. �rvGl S RFC 07' Z / �- 7.•-10-12 No. 29600021 Trent e. Newport Dale Reg. Land Surveyor No. 29600021 STATE OF Stole of Indiana IN 1 N P O� gN�y URN y PREPARED BY: 'I'rmtgwrlednn Uc�elopmen[Cnnsu iln nlr, � xm n.a,a urc,..e,li4 ro+uc w A-1 EXHIBIT B Easement Property ROAD; MICHIGAN ROAD DRAWN BY: CJL 12-19-11 PROJECT: MICHIGAN ROAD FUR MAIN REMSED BY : CAW 7.-10--12 96th ST.-1061h ST. EXHIBIT B✓R CHECKED BY; TEN COUNTY: HAMILTON SCALE : 1" = 200' SECTION: 7 EASEMENT EXHIBIT TOWNSHIP: 17 NORTH OWNER: TARGET CORPORATION RANGE: 3 WEST RECORD DOCUMENT; WARRANTY DEED #200000050551 roe• o roe mo• ® HATCHED AREA IS THE gum"-?W APPROXIMATE EASEMENT NORTH ARC=112.96' K ' N43'20'38'E s' \ ° \'y �� F 83.70' 89.14' PLACE OF \id5�5\\ BEGINNING L' ARC=31.36' ? 0 N20'S7'18' , —ARC-19.33' 1=P'�ifRPZiRlfi25R �` `'\�`',r, 49.73' 1t S3024'04°E 80.55 I�NSTT,#200000050581 Smo Ep01�e I \ 1� —ARCd21.13' 625'21'13"E 21.44'x' �N51•� N53'S3'18'E y �l) � 536'O6'42'F. 41.46�' ,�ry, R/W PER PLAT- 61.74' * B.S.L. !� A e_�•i � Oc} S08'S3'18"W 49.51,>�i%y N531 1'22"E t1 PLG� wn dL FF , AMEN 15.86' / PE GM FFE� r�\C P C. 3 SLIDE 98 z0`�� PLACE OF LOT I g ..� %l �— Si7'52'9"E s\�\ 50.94' N1 752'09°W ���\\ r^��rGF'J; %fig✓ t51 50.74' 3p S 553'53'18°W $' DETAIL 1"e60' 15'79 ,+ E. Nf p No fieldwork wee performed and therefore, this description Is sub)oct to PREPARED BY: ST Op any overlaps, gope or Inconsistencies that a field survey might reveal. a 0 this plot was prepared from Information obtained from Instrument Number 200200069230, as recorded in the Homillon County Recorder's Office. No. 29600021 STATE Of � C~Z_10-12. !a N I P y�4 Trent E. Newport Dale Np S U RNA Reg. land Surveyor,No. 29600021 State of Indiana "I'nmxpannUon A Uaeelnpmenl i.ausulnuu4 w+�.w our ax..wa anwm B-1 15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 16. 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 notice shall be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the ` respective parties as follows: I 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: Target Corporation 1000 Nicollet Mall, TPS-3155 Minneapolis, MN 55403 Attn: Erin Oglesbay, Esq. With a Copy to: Fredrikson& Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Attn: Mark D. Savin, Esq. Any such notice will be effective three (3) days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. 17. 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. 18. 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 4 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. 19. 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: TARGET C RPORATION, a Mi ota corporation By: .lees L 7'uckev Director Real Estate Its: Pq (Print 9S Wa'm-"e an T It]e) STATE OF Anneroftc. ) SS: COUNTY OF Nenjqe ) Before me, a Notary Public in and for the State of 441,nne96{ personally appeared James L. I ucke , by me known to be the .[)W(Liar lP8g/c`�{akf 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 day of APril , 2013. M,y,pCommission Expires: (Signature) /Notary Public I . My County of Residence: 4M&V- A5� y2qg� (Printed Name) OAAAA^A/\/\/\ U AMw BER ROSE HAGUE f•1OTARY PUBLIC-MINNESOTA MY COMMISSION FY.PI R ES.)AN.31,2016 nnnn�n�. �n.nnnnnnnnnn 5 GRANTEE: THE CITY OF CARMEL By and through its Board of Public Works and Safety By: 4"7 r2-2-- ' James Brainard, Presiding Officer I Date: ' By: 9�v✓ Mary rm Burke, Member Date: By: t, �r*atson, Member Date: ATTES D' na L. Cordray,, IA C Clerk-Treasurer Date: 1J I l 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 b 44- day of �� :L , 2013. My Commission Expires: S�� a 0 I -,1-O a0 (Signature) Notary Public My County of Residence: {�i S a - �� 1(1 - (Printed Name) 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 7 EXHIBIT 1 Grantor's Property Lot 1 in Amended Block D of West Carmel Center,an Addition in Hamilton County, fndlana, as per plat thereof recorded November 20, 2002 In Plat Cabinet 3, Slide 98 as Insd'ument No, 200200089230, in the Office of the Recorder of Hamilton County,Indiana. 1-1 EXHIBIT A Easement Property EXHIBIT "A" EASEMENT PART OF LOT t IN WEST CARMEL CENTER AMENDED SECONOARY PLAT BLOCK D.RECORDED AS INSTRUMENT NUMBER 200200080230 IN P.C.3,SLIDE 98 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commoncing at the Northwest comer of sold Lot 1; thence North 53 degrees 11 minutes 22 seconds East, along the North line of said Lot 1, a distance of 14.54 foot to the PLACE OF BEGINNING; thence North 53 degrees 11 minutes 22 seconds East, along the North line of sold Lot 1, a distance of 15.65 feet; thence South 17 degrees 52 minutes 09 seconds East, a distance of 50.94 foot to the South fine of said Lot 1: thence South 53 degrees 53 minutes 18 seca,14 West, along the South Itno of said Lot 1, a distance of 15.79 foot; thence North 17 degrees 52 minutes 09 seconds West, a distance of 50.74 feet to the PLACE OF BEGINNING. CONTAINING 0.0178 ACRES(762 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 200200089230, as recorded in the Hamilton County Recorder's Office. No fleldwork was performed and therefore, this description is subject to any overlaps, gaps or inconsistencles that o field survey might reveal. No. 29600021 Trent E. Newport Date Reg. Land Surveyor No. 29600021 STATE OF Stale of Indiana ! IN I Nk O� qNo Ste.� PREPARED ©Y: 'I7mtgpnrinann Y � Un�elnpmrnt Cnnsulln nlF �,xm d.om arc..•.w nq b..W w A-1 EXHIBIT B Easement Property ROAD; MICHIGAN ROAD EXHIBIT "BI DRAWN BY: C 12-19-11 PROJECT: MICHIGAN ROAD FOR MAIN REVISED BY CAW 7.-10--12 96th ST.-106th ST. CHECKED BY: TEN COUNTY: HAMILTON : = SECTION: 7 EASEMENT EXHIBITV 200'1°SCALE TOWNSHIP: n NORTH OWNER; TARGET CORPORATION RANGE: 3 WEST RECORD DOCUMENT; WARRANTY DEED #200000050551 ioo' o rod zoo' HATCHED AREA IS THE APPROXIMATE EASEMENT NOR'ffl ARC=112.96' o t`n ' N43'20'38"E 83.70' N45'18'00"E 89.14' �+ n PLACE OF Y\Ld51 g1.1 BE GIN NIN 9j1 G L 'ARC=3i.J6' N ARC-19.33' 20'57'18 49.73' 1\ \ S30'24'04"E 80.55 INST.y200000050551 \�\� WER von +� \ \ —ARC;21,13' et 'P-1 3'1 S25'21'1 3"E 21.44' N53'5N A S36'O6'42"F. 41,46' R/W PER PLAT-- 61'74 B.S.L. S� A �y�-•-'- � $08'53'18"W N5311"22'E \\\ PGG AMENDED SE� Ai 15.86' / 6 QF�GFfF P.C. LOT SLIDE 98 ITLACE BECINNI r PnK\N LOT S1 7'52'9'E s\` s• %� i�yY\�� Ay 50.94' N1 7'52'09"W �<\ \ �p �G ";P b� 553'53'18"W gSV DETAIL 1'-60' 15.79' \ Y E. "rip, No fieldwork was performed and therefore, this description Is subject to PREPARED BY: ST o 0 any overlaps, gaps or Inconsfstencies that a field survey might reveal. This plot wee prepared from Information obtained from Instrument Number 200200089230, as recorded in the Hamilton County Recorder's Office. No, 29600021 STATE Of laNO SURN��o4 Rrentl.and wport No. 29600021 Dale 6% Stole of Indiana Tn 1111", .I'll A Uesrinpntrnl(.ol+rullnulc Y,l vew lA eM°001."MM IYA to oaf B-1 ® Request for Taxpayer Give Form to the Form requester. Do not Departm ent r20eas identification Number and Certification q DepartmenloftheTreasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Target Corporation r`i Business name/disregarded entity name,if different from above dba Target Stores,dba Target.com,dba Target Clinic cc Q Check appropriate box for federal tax classification: c O ❑ Individual/sole proprietor ❑✓ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate o c CL 0 v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)P.- Exempt payee C N C d o ❑ Other(see instructions)► Address(number,street,and apt.or suite no.) Requester's name and address(optional) U 1000 Nicollet Mall-TPN 9471 roCity,state,and ZIP code Minneapolis, MN 55403 List account number(s)here(optional) 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 F avoid backup withholding.For individuals,this is your social security number However,for a re —m resident alien,sole proprietor,or disregarded entity,see the Part I instructions on n page 3.For other entities,it is your employer identification number(EIN).If you do not Nave a number,see Now to get a T!N on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. M41 — 0 1 2 1 1 5 1 7 0 Certification 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 Here U.S.person* r 1ZC'1__C N ry1 Date 0- 04/01/2013 General Instructions 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 Internal 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 alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding 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 fora 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 payee.If applicable,you are also certifying 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 frorn a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) ACCEPTANCE OF ADMINISTRATIVE SETTLMENT Target Corporation, landowner of the property or interest in property described in Exhibit A and Exhibit B, which are attached hereto and incorporated herein, hereby accepts the administrative settlement of$7;500.00 made by the City of Carmel on this JqLv day of 1 . 2013 Target Corporation BY S �I ature rv�V1 Printed1 Title NOTARY'S CERTIFICATE STATE OFinr�Sp�iti ) )SS: COUNTY OFGYI ,ti1 ) Subscribed and sworn to before me this day of 2013 My commission expires: i County of residence: 2�? Signature. LA. REINHARDT Printed NOTARY PUBLIC MINNESOTA My eemWasfoe Expires Joe.Si.CMS Prior Deed References: Instrument # E' �'� 200000050551 in the Recorder's Office for Hamilton County, Indiana � `� WATER LINE EASEMENT AGREEMENT (Target Store T-1366) This Water Line Easement Agreement (the "Agreement") is made and entered into this day of , 2013, by and between Target Corporation, a Minnesota corporation ("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") 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 106`h Street (the "Project"), requires a permanent non- exclusive easement through, upon and across the subterranean 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 a perpetual non- exclusive easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment (the "Improvements") through, 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. 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 the directional boring process fails. Grantee shall use directional boring for any future repair, maintenance, replacement, reconstruction, or relocation of the Improvements to the extent practical. Grantee shall maintain, repair, replace and service the Improvements. 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. Grantee, or its contractor, shall undertake all commercially reasonable efforts to keep the Easement Property in good condition and repair, and shall be responsible for promptly repairing (i) damage to the paved access area no later than five (5) business days after completion of any principal work; and damage to any other portion of the Easement Property no later than forty-five (45) days after completion of any principal work. For example, if the project required a water line, Grantee shall cause (i) the repaving of the area disturbed within five (5) business days following the installation of such water line; and (ii) the replacement of landscaping of the area disturbed within forty-five (45) days following installation of the water line, all subject to weather delays and other items of force majeure. 3. Continuous Access. Except for emergencies involving the public health, safety or welfare, in the event that any construction work which is the subject of this Agreement requires a temporary blockage of access to Grantor's Property, Grantee, or its specified contractor, shall notify Grantor at least ten (10) days prior to commencement of the anticipated work. In addition, any such work shall be undertaken in a manner to minimize the limitation on ingress and egress to the balance of Grantor's Property. Except for emergencies involving the public health, safety or welfare, one-half of the driveway located on the Easement Property and on Grantor's Property shall remain open at all times in order to assure appropriate circulation for the overall site. During instances of temporary blockage, Grantee shall place temporary signage reasonably acceptable to Grantor in order to redirect invitees of Grantor to another entrance to Grantor's Property and, except for emergencies, blockage of the entire driveway shall not continue for more than four (4) consecutive hours between 8:00 a.m. —6:00 p.m. 4. Construction Schedule. Except for emergencies involving the public health, safety or welfare, in which case Grantee shall notify Grantor as soon as reasonably practicable thereafter, prior to commencement of any work on the Easement Property, Grantor and Grantee shall jointly establish a construction schedule and work plan that accommodates the Project and minimizes work on the Easement Property. The goal of that construction schedule and work plan shall be to minimize any interference with use of the Easement Property by Target for ingress and egress to its adjacent store. To this end, there shall be no open cutting of the Easement Property between November 1 and January 30. 5. 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, which improvements shall remain the property of Grantor. 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, without Grantee's written consent, which consent shall not be unreasonably withheld, but may be conditioned upon the Grantor's future improvements not interfering with the Improvements and Grantee not being responsible for maintenance, repair or replacement of Grantor's further improvements. Any such future improvements and related work shall be at Grantor's sole expense, in accordance and with all applicable codes, ordinances, laws and regulations, and shall require Grantor to obtain all otherwise necessary approvals and/or permits from the City of Carmel, its Plan Commission and any other municipal body or entity entitled to review such construction or related work. Grantor shall not perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement 2 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. 6. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence and structure (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 as permitted hereby. 7. Site Improvements. All site improvements, including signage, that are now or hereafter situated within the Easement Property shall remain that of the Grantor (whether that be Grantor as fee owner or as lessee), and the same shall in all circumstances be restored to the condition that existed immediately prior to the exercise by Grantor of its rights under this Easement. 8. 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 party may exercise any remedy available hereunder, at law or in equity. 9. Point of Contact. Grantee, or its contractor, shall provide Grantor, at least five (5) business days prior to the commencement of work hereunder, with a contact name and phone number so as to facilitate discussion of any concerns at the Project site during the period of any constrution work on the Easment Property. 10. 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. 11. Other Oblijzations. 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. 12. 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. 13. 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. 14. 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. 3 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 T1657 TARGET CORPORATIOPN Purchase Order No. 1000 NICOLLET MALL TIPS 3155 Terms ATTN: ERIN OGLESBAY, ESQ Due Date 6/25/2013 MINNEAPOLIS, MN 55403 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 6/25/2013 070113 $7,500.00 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 icer VOUCHER # 131966 WARRANT # ALLOWED T1657 IN SUM OF $ :TARGET CORPORATIOPN 1000 NICOLLET MALL TPS 3155 ATTN: ERIN OGLESBAY, ESQ MINNEAPOLIS, MN 55403 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 070113 06-1052-06 $7,500.00 Availability i �v Voucher Total $7,500.00 Cost distribution ledger classification if claim paid under vehicle highway fund