224191 09/10/2013 CITY OF CARMEL, INDIANA VENDOR: 367564 Page 1 of 1
,. ONE CIVIC SQUARE CHIEF FINANCIAL SERVICES INC CHECK AMOUNT: $35,000.00
CARMEL, INDIANA 46032 C/O CHRISTINE JONES
11589 WESTBURY PLACE CHECK NUMBER: 224191
CARMEL IN 46032
CHECK DATE: 9/10/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 EASEMENT 35, 000 . 00 EASEMENT
Prior Deed References Instrument No.
2008024894 in Recorder's Office for
Hamilton County,Indiana
WATER LINE EASEMENT AGREEMENT 4�
tact
This Water Line Easement Agreement (the "Agreement") is made and entered into this
0202 day of 19p e/L , 2013, by and between Chief Financial Services, Inc., ("Grantor") and
the City of Carmel, Indiana("Grantee").
RECITALS:
I
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 — 96`h Street to Retail Parkway (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. 19 th@ lwf4;Q,w _ P.14"
E--diibi+-A and Exhibi 13 tt e-venf;�evised to iffl,.l..a„ ` land s-c-entered-our the-IiFle—e�cqu�ipu� a „stalled an
,°seer A_P_ r-an}er. r`-44-d Cara;BtP @, shall jein i�' +1:-eri��°��"r°�veielA�l�l-�1��66�3t�F16a of o14 appropriate
_i_stit to , .ectoement :instrument if ,,iher !`_..anger e f !':r.,.,tee Sh.,ll .lel:<,or +A, +ho A,thor a r;+to„
r-e est f r s ,,.h a substitute easement insty—time t. Grantee shall also have the right of ingress
and egress over, under, upon and across the Grantor's Property for purposes of access to the
Easement Property. The easement also includes the rights and privileges to temporarily use,
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 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, 1
proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the I
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 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:
Any such notice will be effective three days after the notice has been deposited in the United States
mail,as provided above, or if earlier upon receipt.
14. Severability. If any term, covenant, condition or provision of this Agreement or
the application thereof to any person or circumstance, shall at any time or to any extent be held
invalid or unenforceable, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each such term, covenant, condition and
provision of this Agreement shall continue to be valid, binding and enforceable to the fullest
extent permitted by law.
15. Authority. The person executing this instrument on behalf of Grantor hereby
represents that he/she has the authority to bind Grantor to the ternis 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.
GRANTOR:
Chief Financial Services, Inc.
BY:
ClIristine Jones
President
GRANTEE:
THE CITY OF CARMEL
By and through its Board of Public Works and
Safety
By: '), z
James Brainard, Presiding Officer
Date:
By: 4dA-74
Mary Burke, ember
Date:
By:
atson, Member
Date: g/h
ATTEST:
Diana L. Cordray, I M lerk-TreasureaeputyClerkffor
-Z
Date:
"U
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 Ad -f , 2013.
My Commission Expires: Ze Ig Signed Name: � -
My County of Residence: YYt ( I `1 c r Printed Name: Spa M.JA M%
IDepaty Clerk for
STATE OF ��--
SS:
COUNTY OF
Before me, a Notary ublic in and for the State of �X4`�A;personally appeared
rY p Y pp
Christine Jones, by me known to be the President 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 Zz day o , 2013.
My Commission Expires:
1�w-z-a- / , ZZO/ Notary Public
My Co my of Residence:
[Printed]
This instrument was prepared by and after recording return to: Douglas C. Haney, City of
Carmel, One Civic Square, Carmel, IN 460':)2.
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
EXHIBIT " "
EASEMENT
A PART OF LOT 4 IN NORTH AUGUSTA, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, RECORDED IN DEED
RECORD 132, PAGES 446-447 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at the Southwest corner of said Lot 4; 'thence North 20 degrees 46 minutes 56 seconds West,
along the Southwesterly line of said Lot 4, a distance of 100.00 feet to the Northwest corner of said Lot
4; thence North 69 degrees 13 minutes 04 seconds East, along the Northwesterly line of said Lot 4, a
distance of 16.04 feet to the PLACE OF BEGINNING; thence continuing North 69 degrees 13 minutes 04
seconds East, along the Northwesterly line of said Lot 4, a distance of 5.91 feet; thence South 22 degrees
18 minutes 14 seconds East, a distance of 100.04 feet to the Southeasterly line of said Lot 4; thence
South 69 degrees 13 minutes 04 seconds West, along the Southeasterly line of said Lot 4, a distance of
15.01 feet to the existing right—of—way of Michigan Road (U.S. 421) per Instrument Number 200000017650
recorded in said Recorder's Office; the following two calls are along said existing right—of—way. 1) thence
North 22 degrees 18 minutes 14 seconds West, a distance of 78.85 feet; 2) thence North 03 degrees 38
minutes 52 seconds West, a distance of 22.17 feet to the PLACE OF BEGINNING, CONTAINING 0.0327
ACRES(1426 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 200000017650, 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. N1
OI STEREO 0,p�
2-14-12
No. 29600021 Trent E. Newport Date
Reg. Land Surveyor No. 29600021
STATE OF State of Indiana
AND I Alk p�
9N� SURvo
PREPARED BY:
No a
'transportation&
Development Consultants
N11 R(RLLN OP_@IQI au;A 15101(!1Y)lm-155
ROAD: MICHIGAN) ROAD EXHIB"IT 99 57 DRAWN BY : CA 11-22-11
PROJECT: MICHIGAN ROAD FDR MAIN REVISED BY : CAW 02-10-12
96th ST.-106th ST. CHECKED BY : TEN
COUNTY: HAMILTON EASEMENT EXHIBIT SCALE : 1" = 60'
SECTION: 7
TOWNSHIP: 17 NORTH OWNER: CHIEF FINANCIAL SERVICES, INC.
RANGE: 3 EAST RECORD DOCUMENTS: WARRANTY DEED, INST.#2008024894
100 0 100 100
I 101 scatt HATCHED AREA IS THE
APPROXIMATE EASEMENT
NORTH
LINE TABLE
Lt N69.13'04"E 16.04'
L2 N69.13'04"E 7.91'
L3 S22'18'14"E 100.04'
L4 S69.13'04"W 15.01' /
L5 N22'18'14"W 78.85'
L6 NO3'38'52"W 22.17'
9th 5 00/20 iP�o L�E�i o
PLACE OF BEGINNING /
i NORTH AUGUSTA
i
D.R. 132, PGS. 446-447
i
L2
CHIEF FINANCIAL
SERVICES. INC.
INST.#2008024894 /
APP. R/W PER
INST.#200100017650
i
�4
E. NE W No fieldwork was performed and therefore, this description is subject to PREPARED BY:
any overlaps, gaps or inconsistencies that a field survey might reveal.
D�
� This plot was prepared from information obtained from Instrument Number
200100017650, as recorded in the Hamilton County Recorder's Office.
No. 29600021
STATE OF —L—
AND I ANN p� Trent E. Newport Date
qN� S U R`1 Ey Reg. Land Surveyor No. 29600021 Transportation
State of Indiana Development Consultants
Hv WP M nM W,R 9107(3n)M-IM
cm
Exhibit 1
Grantor's Property
Lot Numbered Four (4) in First Section of North Augusta, an addition in Hamilton County, Indiana, as per
plat thereof, recorded in Deed Record 132, pages 446-447, in the Office of the Recorder of Hamilton
County, Indiana.
EXCEPT:
A part of Lot Numbered Four (4) in First Section of North Augusta, an addition in Hamilton county,
Indiana, as per plat thereof, recorded in Deed Record 132, pages 446-447, in the Office of the Recorder
of Hamilton County, Indiana, and being all that part of the owners' land lying with the right of way
lines, depicted on the Parcel Plat of Parcel 10, also described as follows: Beginning at the Southwest
Corner of said Lot 4; thence North 20 degrees 46 minutes 56 seconds West 30.48 meters (100.00 feet)
along the Western line of said Lot 4 to the Northwest corner thereof; thence North 69 degrees 13
minutes 04 seconds East 4.890 meters (16.04 feet) along the Northern line of said Lot 4 to point "736"
as shown on said Right of Way Parcel Plat; thence South 3 degrees 38 minutes 52 seconds East 6.756
meters (22.17 feet) to point"735" as shown on said Right of Way Parcel Plat;thence South 22 degrees
18 minutes 14 seconds East 24.032 meters (78.85 feet) to the Southern line of said Lot 4; thence South
69 degrees 13 minutes 04 seconds Wests 3.538 meters (11.61 feet) along said Southern line to the
point of beginning. Containing 102.5 square meters (1103 square feet), more or less.
I
t ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT
Chief Financial Services, inc.. landowner of the property or interest in property described in Exhibit A and
Exhibit B, hereby accepts the administrative settlement of$35,000.00 made by the City of Carmel on this
day of G 201 V
ao�3
Chief Financial Services, Inc
BY ee
ri"s�ine.ion s-
.resident
NOTARY'S CERTIFICATE o
STATE OF
COUNTY OF
Subscribed and sworn to before me this day of , 2013 k
f'y)
My commission expires: //�G 110
County of residence: �`�—
Signature
f it[ cl Z-. •,rD/2 101w
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
T0723
CHIEF FINANCIAL SERVICES INC Purchase Order No.
C/O CHRISTINE JONES Terms
11589 WESTBURY PLACE Due Date 8/22/2013
CARMEL, IN 46032
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
8/22/2013 082613 $35,000.00
1 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 Officer
VOUCHER # 132545 WARRANT # ALLOWED
T0723 IN SUM OF $
CHIEF FINANCIAL SERVICES INC
C/O CHRISTINE JONES
11589 WESTBURY PLACE
CARMEL, IN 46032
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
082613 06-1052-06 $35,000.00
C �In Availability
Voucher Total $35,000.00
Cost distribution ledger classification if
claim paid under vehicle highway fund