Bridleborne Drainage/Gupta, Niraj/Parul Agarwal la
2013019386 EASEMENTS $16.00
03/28/2013 10:28:22A 3 P05
Mary L. Clark
HAMILTON County Recorder IN Last Deed of Record:
Recorded as Presented 2010060968
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DRAINAGE EASEMENT
THIS INDENTURE WITNESSETH:That Niraj Gupta and Parul Agarwal,Joint Tenants with Rights of
Survivorship,(referred to herein as the"Grantor")for good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged,do hereby convey to the Board of Commissioners of Hamilton County,
("Grantee")a non-exclusive perpetual easement through,upon,over,along and across the following described real
property located in Hamilton County,Indiana,("the Easement")to-wit;
See Exhibit A.
This Easement is granted for the purpose of providing overland or subsurface paths and courses for the
construction, maintenance,preservation of storm drainage.The Grantor reserves for themselves and their successors
and assigns the right to use the Easement for any uses which are not inconsistent with the purposes herein.However,
in the event the Grantor,or their successors,elect or desire to do any construction or alterations to the Real Estate
within the Easement, they shall do so only upon approval of the Grantee.The Grantor further agrees that they shall
not grant any easements to any other utilities,or other persons,through the real estate described herein, without the
consent of the Grantees,and if said grants are given,those easements shall be subject to the Grantee's rights to
regulate and permit construction or alteration with the Easement.
In the event the Grantee,its employees,or contractors are required to come upon the real estate contained
in the Easement to replace,restore,or clear any drainage structures,ditches,drains,or swales contained therein,the
Grantee shall only be liable to restore the Grantor's real estate to its previous grade,and to re-seed and undertake
erosion control measures as are required by 327 IAC15-5 as amended.The Grantee, its employees,or contractors
shall not be liable to Grantor,or his successor in title, for any improvements to the real estate, landscaping,sod, or
any other improvements within the Easement which are damaged in the source of the repair of the drainage
structure,ditches, drains,or swales contained in the Easement area.
L, ;t?, FROM
1of2
Fortin eiLesl'ui02LOSURES
•
This Drainage Easement and the agreements herein shall run with the land and shall be binding upon and
inure to the benefit of the Grantor and its successors and assigns and upon the Grantee and its successors.
IN WITNESS WHEREOF,The Grantor has executed this Drainage Easement on this c.20 day of
F z ,2 0 1..3 .
GRANTOR
"1 affirm.under the penalties for perjure,drat I have
taken reasonable care to redact cacti Social Security Nvaj Gupta
number in this document,unless required by law." /n� ,Q
• (name)
Parul Agarwal
STATE OF INDIANA
COUNTY OF flaw..I I7/� ) SS:
Subscribed and sworn to before me,a Notary Public thiso?d day of � i I
,20 13 ,
personally appeared ed the within named N �'�) t c. J Prc&t
��Grw
and acknowledged the execution of the foregoing document.
WITNESS my hand and official seal.
• Notary Public
Residing in County,IN
My Commission Expires:
wr: STEPHEN J.KLINEMAN
•
";; Hamilton County
• sem.Al My Commission Expires
*'�:;,P•" Aprd 16,2016
This instrument prepared by Michael A. Howard,Attorney at Law,694 Logan Street,P.O.Box 309,Noblesville,
Indiana 46060,(317)773-4212.
2 of 2
Form revised 01/02/02
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S w BRIDLEBOURNE SEC. 6
0 P.C. 1, SLIDE 208
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't; o 500'54'51"E POINT OF BEGINNING —_—_--_
! x 25.00' 589'05'09"W
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1 vi • N89'05'09"E
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•F! ,°, 500'54'51"E 177.73'
i:� S 175.97'
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o CHRISTOPHER & NIRAJ GUPTA &
MERCY OBEIME PARUL AGARWAL
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i �` 10' O.U. & S.E.
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ii ce Drainage Easement .
Through the Property of • - - .
o Niraj Gupta&Parul Agarwal .
�� 0 Lot 8 Bridlebourne Section 6 .
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z Plat Cabinet 1,Slide 208
M ' Part of the Northwest Quarter.or Section-5,Township 17 North,Range 3 East Hamilton County Indiana described.
O as follows: .
I' .w Commencing al-the Northwest Comer of Lot 8 of Bridlebourne Section 6 recorded,in Nat Cabinet I,Slide 208 in .
the Office of the Recorder of Hamilton County,Indiana;thence South 00 degrees 54 minutes 51 seconds East
se 25.00 feet along the West Line of said Lot 8 to the South Line bf a 25'Drainage Utility&Sewer Easement;thence
n North 89 degrees 05 minutes 09 seconds East 10.00 feet along said South Line to the East Line of a 10'Drainage
m Utility&Sewer Easement,said point being the POINT OF BEGINNING of this description;thence South 0D .
degrees 54 minutes 51 seconds East 175.97 feet along said East Line to the northern line of a 10'Drainage Utility
N .&Sewer Easement;thence South 71 degrees 29 minutes 38 seconds-East 5.30 along said northern line;thence
c . North 00 degrees 54 minutes 51 seconds West 177.73 feet to the South Line of said 25'Drainage Utility&Sewer
., Easement;thence South 89 degrees 05 minutes 09 seconds West 5.00 feet along said South Line to the Point of
. to Beginning,containing 0.020 acres,more or less.
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• DRA/ANGE EASEMENT
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DATE 5-25-12 SHEET NO.
in AMERICAN INDIANA OU9�IN 46256-3057 1
•
o STRUCTUREPOINT • TEL 317.547,5580 FAX 317.543.0270 ' • DRAWN BY: JNN
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JOB NO. 201100507
;CTS CMES CHICAGO IL .i,' WELLS FARGO BANKYN A. CHECK NO 28288346
.. CORPORATE TRUST SERVICES
MAC E2616-293 VOID 6 MONTHS AFTER ISSUE DATE 93-516
230 W.MONROE,29TH FLOOR 929
CHICAGO,IL 606064703 49911024287
312.726.2163 612-316-0869
Account Number: Account Name:
XXXXXXXX0100 CARMEL COLT 2010 DEPOSITORY ACCOUNT Dare:
April 12, 2013
Five Hundred.and 00/100 Dollars -
r Order Of
Amount
NIRAJ GUPTA AND PARUL AGARWAL ********$6,500.00
3501 b i n'froc-ks C're-k.
H C ROVE : 46tG Carmt./ },.) 4too33-
DTD;3/11113' "�' LJ
. ... . -. ,. . . `. •- Authorized SignaWrc '�r�.
0 28 288 34 611' 1:09 290 5 1681: 499002428711'
Please detach check along perforation
CHECK NO: 28288346
rber: .Account Name. Date.
:0100 CARMEL COLT 2010 DEPOSITORY ACCOUNT April 12, 2013
1TA AND PARUL AGARWAL
Principal Amount:
* *"'""*$6,500.00
3BURSEMENTS
TD 3/11/13
HY 000119 000001 01682
CTS CMES CHICAGO IL Check Number:
CORPORATE TRUST SERVICES
MAC E2616-293 28288346
230 W.MONROE,29TH FLOOR
CHICAGO,IL 60606-4703
312.726.2163 612416-0869 Account Number:
XXXXXXXX0100
*****16,500.00
UPTA AND PARUL AGARWAL
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CI \”:O ARN1EL
JAMES BRAINARD, MAYOR
ADMINISTRATIVE SETTLEMENT
MEMORANDUM
TO: Steve Engelking, Director of Administration
City of Carmel
FROM: Stephen J. Klineman, Acquisition Specialist
Specialized Land Services, Inc.
DATE: February 20.2013
RE: Request for Administrative Settlement
Project: Bridleboume Drainage
Parcel: 2
Owner(s): Niraj Gupta et at
We have pursued the attempted acquisition of the above subject parcel to the point where there is an
impasse with the owners in regard to the amount of just compensation,as well as design issues.
The City's"Fair Market Value"determination is$3.300.00.
The owner has agreed to settle for$6,500.00 and will accept nothing less.
We feel that it would be in the City's best interest to settle for the requested amount considering the cost
involved in litigation,the risk of an even greater court award, and protection of the project schedule.
We, therefore, recommend that the sum of£6,500.00 be awarded to the owners. The monetary amount
represents an increase of$3,200.00 over the original offer and is the most practical and economical solution
to this matter.
THIS RECO 4MENDATION IS APPROVED:
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Steve Engelking. Director of Admiration Date
City of Carmel
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