223572 08/27/2013 CITY OF CARMEL, INDIANA VENDOR: 367493 Page 1 of 1
ONE CIVIC SQUARE MERIDIAN HOTEL PARTNERS LLC CHECK AMOUNT: $50,400.00
,o CARMEL, INDIANA 46032 10734 SKY PRAIRIE ST
FISHERS IN 46038 CHECK NUMBER: 223572
CHECK DATE: 8/27/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 50, 400 . 00 EASEMENT
g
PriorDeed References:I nstrument No.
200100071847 in the Recorder's Office for
t
Hamilton County, Indiana
WATER LINE EASEMENT AGREEMENT ;
t�
This Water Line Easement Agreement (the "Agreement") is made and entered into this day
of June, 2013, by and between Meridian Hotel Partners, LLC, an Indiana limited liability
company,("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 US 31 Water Main
Installation/Relocation (the "Project") requires a permanent, 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
underground water utility lines, all associated underground valves, pumps, fittings, meters, accessories
and equipment under the Easement Property, and fire hydrants.
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 ackliowledged, the parties agree as
follows:
i. Grant of Easement. Grantor hereby grants and conveys to Grantee, a non-exclusive,
perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting,
altering, reparing, replacing and removing underground water utility lines, all associated underground
valves, pumps, fittings, meters, accessories and equipment and fire hydrants (the "Improvements") on and
under the Easement Property. Grantee shall have the right to: (a) remove from the Easement Property,
without liability for replacement or repair, any fences, structures, asphalt or concrete paving, curbing or
other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at
the time of or after Grantee's acquisition of such easement; and (b) make such alterations and
improvements to the Easement Property as Grantee deems may be necessary or useful in the exercise of
Grantee's rights hereunder. Grantee shall also have the right of reasonable ingress and egress over
Grantor's Property, provided, however, Grantee covenants that at all times such rights shall be exercised
in a fashion so as to cause as little interference to Grantor, and its invitees, as is reasonably possible, and
in addition, in connection with its exercise of rights under this Agreement, Grantee shall restore the
portion of Grantor's Property disturbed by the work of Grantee to a condition that is as near the condition
that existed at the time the portion was disturbed by Grantee as is practical.. Avith the exception of work
done in connection with the Project.
2. Obligations of Grantee. The Grantee shall maintain, repair, replace and service the
lmprovernentsin compliance with all applicable laws, rules and regulations.
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3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement
Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding
the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface of or over the Easement Property or perform any act which
would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement
herein granted, excepting Grantor reserves the right to install, reconstruct, repair and/or replace paving,
curb, gutters and sidewalks on the surface of Grantor's Property and/or the Easement Property, provided
that such work and/or improvements does not interfere with Grantee's Improvments or rights hereunder.
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.
Grantor retains the rights to impose reasonable rules with respect to the Easement Property. Grantee
recognizes this Agreement grants a non-exclusive easement only, and that Grantor may grant similar or
other easements over the same easement area to others. Notwithstanding the foregoing, any such rules or
easements shall not interfere with Grantee's rights under this Agreement.
4. Obligations of Grantor. Except for those improvements Grantor may install under Section
3, Grantor shall keep the Easement Property free of any fence, structure, asphalt, gravel, plants, concrete
or other improvements (other than those installed by Grantee). Grantor shall mow and care for the grass
located within the Easement Property. Grantor shall not block, impede or interfere with the
Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure
to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees.
successors and assigns. All covenants and agreements hereunder may be enforced by an action for
specific performance, and in the event that a party breaches any such covenant or agreement, the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching
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 (1) conditions on the Grantor's Property or the Easement Property prior to the acceptance of
thisAgreement; (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, its agents, successors and assigns, and contractors.
7. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any
past, present, or future obligations) 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.
S. '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.
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9. 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.
10. 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.
11. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Indiana.
12. 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 provisoes 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: CarmelCity Attorney
With a Copy to: City of Carmel
One Civic Square
Carmel Indiana 46032
Attn: Director of Utilities
If to Grantor: Meridian Hotel Partners,LLC
10734 Sky Prairie Street
Fishers, IN 46035
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.
13. 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.
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14. Authority. The persons executing this instrument on behalf of Grantor hereby represent 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. Grantorfurther represents and certifies to Grantee that Grantor is the fee
simple owner of the Easement Property; that Grantor has the right to grant this easement; 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 and will guarantee the quiet possession of the Easement Property to the Grantee so long as
Grantee is not in breach or violation of this Agreement.
15. 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 «later Line Easement Agreement
as of the day and year first above written.
GRANTOR:
MERIDIAN HOT L RTNERS, LLC
By:
Ttotl kJ ra,Member
4
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GRANTEE:
THE CITY OF CARMEL
By and through its Board of Public Works and Safety
By:
James Brainard, Presiding fficer
Date:
By:
Mar/ Ann Bur Member
Date: /
r
By: JJ
I on Wa son, 4ej Aber
Date: f.3
ATTEST:
,CVO Sandra lam joh=014
Dial L. Cordray, I Clerk-Treasurer —De–pw9y ClerkT®ir
Date:
J
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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 -7*day of 2013.
My Commission Expires: 3o 7i� 1 Signed Name:
My County of Residence: Printed Name: ombe
DOPTAY perk$®P
6
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STATE OF INDIANA )
SS:
COUNTY OF
Before me, a Notary Public in and for the State of Indiana, appeared Timothy J. Dora, Member,
Meridian Hotel Partners; LLC, «-ho acknowledged the execution of the foregoing Water Line Easement
Agreement as Member of Meridian Hotel Partners, LLC, and in such capacity as his voluntary act and
deed.
Witness my hand and Notarial seal this aS day of . 2013).
My Commission Expires:
Notary Public 1 ,
My County of Residence: �4-' Vl�� mow- A -- ���^
�'la,d-��� [Printed]
TERESA A.SMITH
Notary Public-Seal
State of Indiana
My Commission Expires Apr 28, 2018
This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One
Civic Square, Carmel, IN46032.
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
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EXHIBIT I
Grantor's Property
Pa of ti c Ent Y !f of he SouthweSt Cm r LtT of.Section 26,Township IS Norlh,range 3
in 1- LM-_jton, )COL 2jjV,T diana,nloi.f Daric(ljF.r]y described as Follow7:
-n
- f
Sec''
n tNh Fine at t; c lqoh,ast comcr of said Southwcst Q 2-t ' ' h �
-d i e T-c o f-S o ul th Su d t g 5 CS 42 m ir,u t c s A7 s ccc 0 r I d's West(P 3 s U 111-I B'i b t 2:-.1 n 01.170 o a point it
300.00 fc°(340-1Li1'us ,leL=_-s 42 mirmtrs 47 seconds EaSt fFOM the cclitcu lino of U.S.Highway
No.3.1 (lineKfcTl.S_*j-l.c.Project ST-IF-222 (9)D-VDI973); thence South 01 dcp-cc_- 17
minutes
nutcs 13 sc-conds East 16.50 fe;�;c to flic approach o Fway !Inc linc foT the inttr -tion o i 131'`
Strcct i)jid said U.S.Highway No. 31;thence aiong said approach-,I,ght of-,;,;ay Tine South 70
degrees 53 minutes 56 se condS 4b Si I$o.10 T-c0
To a point o I h t E?st r-,-)y right c,f w av I i nt 01
said U.S. High,.vzy'No. 31 said IDC-illt lies On 2 CUTV-°h?vnq.,a rldlus Of 2146.832 fc;ut,the radius
point oh which bears South 71 dc uecs 52 minutes 15 seconds East,thence SoufhP_-,)y along,zid
,;iurvc mnd said j-:F,' o[way line a7n.=disrance of3 80.dS feet to an Pointlliich bta:--s IVofth 82
dtu;-ecs 01 minul-_s 41 seconds'Wtst_-om said radius o0int;ihepcc Parallel Wifl]the Njo. ft.'I Brie of
LL
Sal(]Southwest Qu 8
al Section Nosh jc,=_cz�s 42 minuits 47 stconds-E'2st 558.15 feel to j
point on the_E_ST Iin-_Lij--i-COf,W.LnC'h said point bi- -s Sou--]! 00 d-29-r-s 10 i-nimitcs 07 seconds
;ast A119.67 Fect 6-om, the voint or-Le^n:,ing nctice along said East liTle IL17Lh 00 �_ts 10
�N
m. ;nutcs 07 seconds W'-_st-�,39.67 L to fne Point
EXCEPTING THEREFROM THAT REAL ESTATE DEDICATED TO THE CITY OF CARMEL FOR PUBLIC RIGHT OF WAY,AS SET
OUT IN DEDICATION OF PUBLIC RIGHT-OF-WAY,DATED NOVEMBER 12, 1956,AND RECORDED DECEMBER 9, 19S6 IN
EASEMENT RECORD 4,PAGE 697
ALSO EXCEPTING THEREFROM THAT REAL ESTATE DEDICATED TO I-FIE CITY OF CAMMEL FOR PUBLIC RIGHT OF WAY,AS
SET OUT IN DEDICATION OF PUBLIC RIGHT-OF-WAY,DATED NOVEMBER 6,200 AND RECORDED FEBRUARY 7,2005 AS
INSTRUMENT NUMBER 200500007366
ALSO EXCEPTING THEREFROM THAT REAL ESTATE CONVEYED AND WARRANTED TO THE STATE OF INDIANA,AS SET
OUT IN THE LIMITED WARRANTY DEED WITH PARTIAL LIMITATION OF ACCESS DATED AUGUST L3,2012 AND RECORDED
JANUARY 08,2013 AS IINSTRUMENT NUMBER 2013061649
EXHIBIT A
Easement Property
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EXHIBIT "A"
Utility Easement
A Utility Easement, described as fo€loWs:
Part of the Southwest Quarter of Section 26,Township 18 North, Range 3 East, in Hamilton
County, Indiana, described as follows:
Commencing at the Northeast Corner of the Southwest Quarter of Section 26,Township 18
North, Range 3 East,Thence South 89 degrees 04 minutes 12 seconds \\pest 301.17 along the
north line of said quarter section;Thence South 01 degree 32 minutes 58 seconds East 16.50 feet
to the eastern boundary of U.S. 31;Thence South 71 degrees 16 minutes 26 seconds West 77.15
feet along said boundary to the south boundary of 131 S' Street; Thence North 89 degrees 0l
minute 42 seconds East 318.59 feet along said boundary to the Western boundary of Pennsylvania
Street: Thence South 00 degrees 08 minutes 55 seconds West 75.43 feet along said boundary,';
Thence along said boundary northwesterly 6.23 feet along an are to the left having a radius of
120.00 feet, and subtended by a long chord having a bearing of North 74 degrees 06 minutes 02
seconds West and a length of 6.23 feet;Thence South 00 degrees 08 minutes 48 seconds Vilest
65.71 feet along said boundary to point"9809"on the Right of Way Parcel Plat of Parcel No. 98
for Indiana Department of Transportation Project Number 0710215; Thence North 08 degrees 50
minutes 20 seconds West 68.94 feet to point"9808"on said plat,said point being the POINT OF
BEGINNING;Thence.North 46 degrees 20 minutes 06 minutes West 27.04 feet;Thence Nol-Lh
66 degrees 46 minutes 37 seconds West 44.98 feet- Thence South 80 degrees 49 minutes 24
seconds West 145.45 feet;Thence South 61 degrees 29 minutes 04 seconds West 183.79 feet to a
point on the eastern boundary of U.S.31;Thence North 32 degrees 46 minutes 27 seconds East
41.63 feet along said boundary to point"9804"on said plat; Thence North 61 degrees 29 minutes
04 seconds East 1 50.68 feet along said boundary to point"9805"on said plat;Thence North 80
degrees 49 minutes 24 seconds East 136.00 feet along said boundary to point"9806''on said plat;
Thence South d1"""ces 46 m t°° 37 s°ccnds Fast 61.59 fPPt along said boundary to noint
"9807"on said plat; Thence South 34 degrees 04 minutes 56 seconds East 35.99 feet along said
boundary to the POINT OF BEGINNING.
Containing in said Easement 0.1-56 Acres (6,794.96 sq. ft.), more or less.
1, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify
that this description is based on the Right-of-Way Parcel Plat for Indiana Department of
Transportation Project 0710215, Parcel 98 by Fred L. Benge, Indiana Registered Land
Surveyor No. SO408, and dated July 12, 201 1. No field work was performed; therefore,
the property is subject to any overlaps, gaps, or other inconsistencies that a property
survey might reveal.
TRENT E. NE\\%PORT
tc�srr INDIANA LAND SURVEYOR
NO. LS_29600021
j
1\,'o. 29 c0)0 0 21
sl T Or
so�4Yi
1
EXHIBIT, B
Easernent Property
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PARCEL 98 DRAWN BY : SF 6/14/2012
PROJECT: 0710215 � CHECKED BY : TEN
DES. NO: 0900268 EXH[BIT SCALE : 1" = 60'
COUNTY: HAMILTON
SECTION: 26 UTILITY EASEMENT
TOWNSHIP: 18 NORTH OWNER: MiERIDIAN HOTEL PARTNERS, LLC
RANGE: 3 EAST
RECORD DOCUMENT. INST. No. 200100071847
HATCHED AREA IS THE
APPROMMATE EASEMENT AREA
NOPTH
30' 0 30' 60'
SC_ALF, 1"= 60'
NE COR
SIN 1/4
131ST STREET SEC. 26, TI 8N, R3E
S 01'32'58" E S 89'04'12" 1'J 301.17' w co
Q
16.50' w z
S 71'16'26" Ih� SOUTH BOUNDARY 131ST ST. NORTH LINE,
EASTERN 77.15' "9806" SW 1/4, SEC. 26 Q z
BOUNDARY N 89'01'42" E 318.59' z
S 66. "9807"
U.S. 31 "9805' 136.00'
3 . 6
600' 3�
Iy 804°'24"E 1 s9, E L1� c�i1 0
N 32'46'27 E ' co z z
i� 45 0 z
41.63' °u :' �, 4„ \N 145 o 0- °m
6 49 2
9804" �5p S 80 N 66'46'37" W
Ld
p F 44.98'
61�g p N 46'20'06" W.
w
ti� w DATA "a8np"
/ \a J BEARING LENGTH 27.04' —Ci
cri �gp L1 S 34'04'56" El 35.99'
POINT OF
Of Of RADIUS ARC CHORD BEGINNING
LENGTH BEARING LENGTH
C1 120.00' 6.23' N 74'06'02" W1 6.23' N 08'50'20" W 9809"
68.94 S 00'08'48" W
EASTERN 65.71'
BOUNDARY
U.S. 31
PREPARED BY:
NE�A To the best of my knowledge and belief, this plat was prepared from
rG,ISTERf10 0 information obtained from the Right—of—Way Parcel Plat for Indiana
Department of Transportation Project 0710215 Parcel 98 by Fred L. Benge,
N0. LS Indiana Registered Land Surveyor No. SO408, and dated July 12, 2011. No field
29600021 work was performed, therefore, the property is subject to any overlaps, gaps,
or other onsistencies that a property survey might reveal.
STATE OF E
9 /ADIANP – — ^? 6/15/12_
Trent E. Newport Date
O S U R Reg. Land Surveyor No. 29600021 Development Consultants
&
_ Development Consultants
State of Indiana xr,va�M Or�a¢nbenc��Q'�xrn.-iiv
If you decide to accept this offer of$50.400.00, sign your aatrie 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
Meridian Hotel Partners. C. landowner of the above-clescribed property or interestii�n/property, hereby
accepts the ofier oi'$50 . )0.b0 made by the Cit-v of Carmel on this day of� _z 2013.
� F�IWLJQ�,
BY:
Piintcd�_
Title
NOTARY'S CERTIFICATE,
STATI.: OF }
)SS:
COUNTY 01' )
Subscribed and sworn to be{ore me this day of 2013
My commission expires:
County of residence:.--M -
Si;nature
L
TE=Iindianal Printed
Not
StMy Commiss2018
VOUCHER # 132546 WARRANT # ALLOWED
T0724 IN SUM OF $
meridian hotel partners Ilc
10734 Sky Prairie St
Fishers, IN 46038
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
082613 06-1051-87 $50,400.00
Availability
Voucher Total $50,400.00
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
T0724
meridian hotel partners Ilc Purchase Order No.
10734 Sky Prairie St Terms
Fishers, IN 46038 Due Date 8/22/2013
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
8/22/2013 082613 $50,400.00
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.
Date 6f icer