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HomeMy WebLinkAboutIllinois Street Extension - Meyer Family PartnershipDES #: 1297165 PARCEL: 64 Cross Reference to Prior Deed of Record: Quitclaim Deed, Instrument Number 200200032521 in the Office of the Recorder of Hamilton County, Indiana TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (this "Agreement") is made and entered into this / day of /VP VG/14t e , 2012 by and between the Meyer Family Limited Partnership, also known as the Meyer Family Limited Partnership dated January 17, 2002, ("Grantor") and the City of Carmel, Indiana ("Grantee") for and in consideration of the sum of Thirty-five Thousand, Eight Hundred Dollars ($35,800.00) (of which said sum $35,800.00 represents land temporarily encumbered and improvements acquired and $ -0- represents damages) RECITALS A. Grantor owns certain real property (the "Grantor's Parcel") located in Hamilton County, Indiana, more particularly described as follows: See Exhibit 1 attached hereto and incorporated herein. B. Grantee, in connection with Grantee's public improvement project entitled 111th Street and Pennsylvania Street — DES #: 1297165 (the "Project"), requires a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon and/or adjacent to the Grantor's Parcel. Such temporary easement area (herein referred to as the "Temporary Easement Parcel") is more particularly described as follows: See Exhibit A which is attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grant of easement and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the construction of the Project, including, but not limited to, the storing of equipment and the staging of the construction of the Project. Upon the earlier of the date of final completion of the Project or three (3) years from the date hereof, such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project, except as reasonably modified by the Project. 832365v1 1 2. Rights Retained by Grantor. Grantor shall retain unto himself, and his grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the Project, as well as the right of access over and across the Temporary Easement Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's existing driveway or any future driveway. 3. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor's Parcel, and shall bind Grantor and his grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. 4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions. The undersigned represents and warrants that he is the General Partner of the Grantor; that the Grantor is a limited partnership validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that pursuant to a resolution of the partners of the Grantor or the Partnership Agreement of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that he is therefore, fully authorized and empowered to convey to the City of Carmel, Indiana real estate of the Grantor, and that on the date of execution of said conveyance instruments he had full authority to so act; and that all necessary partnership action for the making of this conveyance has been duly taken. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR MEYER FAMILY ,LIMEll PARTNERSHIP B/ LI ye a r` <fr By: �ee� AAAe5 Q Ytk yea- Printed: E'. eaitriX/Ai Title: PSS tit? e_ Title: /. 46-k/A) GRANTEE 832365v1 2 STATE OF INDIANA COUNTY OF HAMILTON ) SS: Before me, a Notary Public in and for said County and State, personally appeared the Meyer Family Limited Partnership, BY: James R. Meyer, Partner , the Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this 2bar day of IlOV.&IAA 6r , 2012. My commission expires: I am a resident of County ANDREW B. BUROKER Marion County My Commission Expires September 14, 2015 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Printed Name Before me, a Notary Public in and for said County and State, personall ap • S r C e , the .� .� •_ s of the Grantee, who, aving been duly swom, aclmowledged the tr / and accuracy of the representations made herein and the execution of the foregoing Agreement for and on behalf of said Grantee. eared Witness my hand and Notarial Seal this /% day of My conunision(eApires: eiri3Ot�3, !!P \ 7T Notary Public Iam a resident of,0 [04 County, IN Al• /0 .81,55 �Z a , 20t2' f—, Printed Name This instrument was prepared by: Douglas C. I-Ianey, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number in this document, unless it is required by law. Douglas C. Haney 832365v1 3 Exhibit 1 REMAINDER LAND DESCRIPTION Port of the Southwest Quarter of the. Northeast Quarter of Section 2, Township 1/ North: Range 3 Ecst, in, Namillon County. Indiana. being more particularly described as follows: Beginning at .° P.K. Nail marking the Southeast corner of said Southwest Quarter:• thence South 88 degrees 54 minutes 42 seconds West losumed bearing] along the south lire thereof o distance of 1351.47 feet to the Southwest corner of said Soulhwest Qucrier, thence North 00 degrees 16 minutes 44 seconds East along the west .line thereof o disicnce of 1327.3) feet to the northwest corner thereof;. thence North 88 degrees 49 • minutes 25 seconds Ecsf along the north line Ihereof.a distance o 1348.29 feel to the Nonheoss corner thereol: thence South 00 degrees 08 minutes 23 seconds West along the east line thereof e distance 01379.44 feet lo a 5/8 inch robar and cap scribed "Benchmark Surveying" (hereinafter relerred.lo as 5/8 inch rebar/; (hence South E8 degrees 54 minutes 42 seconds West a distance of 678.05 feet to a 5/8 inch rebar; thence Savin CO degrees 08 minutes 23 seconds West c disicnce of 393.92 feel to c 5/8 inch rebar; thence South 88 degrees 41 • minutes 01 seconds East a distance of 678.04 feet lo 0 5/8 inch retool and said east line: thence South 00 degrees G8 minutes 23 seconds West along the east line /hereof a distance cf 527.49 feet .to the Point of Beginning. Containing 29.470 Net acres, more or less. SUBJECI to the Permanent Easement tor Pennsylvania Street per the City of Carmel Project No. 97-04, more particularly described es fellows: Commencing ai the southwest corner of said Southwest, Qucrier: thence North 00 degrees 16 minutes 44 • seconds East clang the west line (hereof a distance of 23.$1 fees to the north boundary of 111 th Street and the Point of Beginning; thence North 88 degrees 58 minutes 25 seconds West along said north boundary line a distance of 43.02 feels thence North 00 degrees 16 minutes 44 seconds Easia distance of 193.01 feel; thence • northeasterly 553.82 feet clang an crc to the right and having a radius. of 3764.72 feel and subtended by o chord having a bearing of North 04 decrees 29 minutes 35 seconds East and.c length of 553.32 feel; thence North 08 degrees 42 minutes 27 seconds Ecst a distance of 136.53 feet: thence_ norlheastedy 429.15 feel along en arc fo the left and having a radius of 3874.72 feet and Subtended by o chord hailing a bearing of Narlh 05 degrees 32 minutes 04 seconds 'East and o length of 428.93 feet to the north line of sold Southwest Qucrter: thence South 88 degrees 49 minutes 25 seconds West along the north line thereof a disicnce of 133.00 feet to the northwest corner thereof; thence South 00 degrees 16 minutes 44 seconds West clohg the west line thereof c distance of T303.80 feel to the Paint of Beginning. Containing 2.139 acres, more or less. 832365v1 4 Exhibit "A" Sheet 1 of 2 Project: 1297165 Parcel: 64A Temporary Right -of -Way for Grading Tax Id. No. 29-13-02-000-014.001-018 A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of said northeast quarter designated as point "1" on the Location Control Route Survey plat recorded as. Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section, to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet (33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet (193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastem boundary Northeasterly 227.07 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 14 minutes 10 seconds East and a Length of 227.04 feet to the point of beginning of this description; thence South 85 degrees 04 minutes 10 seconds East a distance of 19.91 feet; thence South 01 degree 16 minutes 01 second West a distance of 98.36 feet; thence South 08 degrees 42 minutes 02 seconds East a distance of 185.57 feet; thence South 26 degrees 47 minutes 32 seconds East a distance of 73.82 feet; thence South 53 degrees 08 minutes 26 seconds East a distance of 55.82 feet; thence South 85 degrees 15 minutes 50 seconds East a distance of 125.40 feet; thence South 89 degrees 50 minutes 16 seconds East a distance of 80,00 feet; thence South 00 degrees 09 minutes 44 seconds West a distance of 15.00 feet to the proposed north right-of-way line of 111th Street; thence the following eight (8) courses along said proposed right-of-way: 1) North 87 degrees 59 minutes 24 Exhibit "A" Sheet 2 of 2 Project: 1297165 Parcel: 64A Temporary Right -of -Way for Grading Tax Id. No. 29-13-02-000-014.001-018 seconds West a distance of 155.08 feet; 2) North 89 degrees 50 minutes 16 seconds West a distance of 85.00 feet; 3) North 48 degrees 51 minutes 10 seconds West a distance of 59.75 feet; 4) North 15 degrees 50 minutes 44 seconds West a distance of 83.82 feet; 5) North 05 degrees 36 minutes 49 seconds West a distance of 184.56 feet; 6) North 04 degrees 01 minute 50 seconds East a distance of 78.85 feet; 7). North 85 degrees 22 minutes 10 seconds West a distance of 9.92 feet, to the eastern boundary of Pennsylvania Street; 8) Northeasterly 19.76 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 04 degrees 48 minutes 49 seconds East and a length of 19.76 feet to the point of beginning and containing 0.297 acres, more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered Ott' q l Land Surveyor, License Number 29600021, on the bday of 14' yS l , 2012. 72) CY1/ TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 . Exhibit "A" Sheet 1 of 2 Project: 1297165 Parcel: 64 Fee Tax Id. No. 29-13-02-000-014.001-018 A part of the Northeast Quarter of Section 2, Township 17 North; Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the Southwest Comer of said northeast quarter designated as point"1" on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section, to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet (33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet (193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastern boundary Northeasterly 207.31 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 05 minutes 09 seconds East and a length of 207.28 feet to the point designated "333" on said Parcel Plat; thence South 85 degrees 22 minutes 10 seconds East a distance of 9.92 feet to the point designated "332" on said Parcel Plat; thence South 04 degrees 01 minute 50 seconds West a distance of 78.85 feet to the point designated "331" on said Parcel Plat; thence South 05 degrees 36 minutes 49 seconds East a distance of 184.56 feet to the point designated "330" on said Parcel Plat; thence South 15 degrees 50 minutes 44 seconds East a distance of 83.82 feet to the point designated "329" on said Parcel Plat; thence South 48 degrees 51 minutes 10 seconds East a distance of 59.75 feet to the point designated "328" on said Parcel Plat; thence South 89 Exhibit "A" Project: 1297165 Sheet 2 of 2 Parcel: 64 Fee Tax Id. No. 29-13-02-000-014.001-018 degrees 50 minutes 16 seconds East a distance of 85.00 feet to the point designated "327" on said Parcel Plat; thence South 87 degrees 59 minutes 24 seconds East a distance of 155.08 feet to the point designated "325" on said Parcel Plat; thence South 00 degrees 09 minutes 44 seconds West a distance of 35.00 feet to the south line -of said quarter section; thence North 89 degrees 50 minutes 16 seconds West a distance of 380.00 feet, along said south line, to the point of beginning and containing 0.605 acres, more or less, inclusive of the presently existing right of way, which contains 0.087 acres, more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered Land Surveyor, License Number 29600021, on the g #L, day of /}„ f u r, 2012. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 O O 1010 Exhibit "B" Right—of—Way Parcel. Plat Prepared for City of Camel By CrossRoad Engineers,. P.C. 1,348.29' Sheet 1 of 2 I 133.0g., 1 1 1 ti 00 Lot 1 429.15 'sicl 10' permanent esmt in favor of the City of Cormel 25' esmt for sewer line in favor of Clay Township Regional Waste District 1� Q 0 + 1 to 1 U IN O N #04 O A jcp 2357' ' coa, W; -sh©�0 11th. Street 16+00 17+00 UNE 41351 .47: 18+00 19+00 s 678.50'=� 0' 120'240' I ~ 4 II �!I�`'laEii�Ot Scale: 1" = 120' h 676.04' 50' esmt for drainage in favor of Board of Commissioners of Hamilton County, Ind. 20+00 Parcel: 64 Code: Project: 1297165 Road: 111th. ST & PENNSYLVANIA ST. County: HAMILTON Section 2 Township: 17N Range: 38 Owner: MEYER FAMILY LIMITED PARTNERSHIP Hatched Area is the Approximate Taking Note: Centerline Stationing is English Drawn Br J.WHITESIDE Checked By: R.PERRY DES. No. 1297165 Date: 08/08/2012 Date: 08/08/2012 ?IN T. # 200200032521 - DATE: 05/02/2002 Inst. 200200045075 (sell—off) DATE: 06/26/2002 Rmresiunv Shown Are From IDr Aboy. listed Reronl Oornments)y Exhibit "B" Right—of—Way Parcel Plat Prepared for City of Camel By CrossRoad Engineers, P.C. Parcel Coordinate Chart (Shown in Feet) Point Centerline 1 Station I Offset. I Northing 1 . Eastinq 1 3 4 7 See Location Control -Route Survey Plat 100 5501 325 "8" 18+80.00 35.00' L 9354.1336 5455.7178 326 6" 18+60.00 PL(10.00'1) 9329.1337 5455.6469 327 "8' 17+25.00 40.00' L 9359.5726 5300.7325 328 '6' 16+40.00 40.00' L 9359.8133 5215.7329 J29 A 148+60.00 105.00' R 9399.1254 5170.7436 330 4' 149+40.00 80,00' R 9479.7558 5147.8584 331 A' 151+25.00 55.00' R 9663.4259 5129.8056 332 4' 152+05.00 55.00' R 9742.0776 5135.3478 333 4' 152+05.00 PL( 45.08' R) 9742:8787 5125.4569 Note: Stations & Offsets control over both North & East Coordinates and Bearings & Distances. To the best of my knowledge and belief, this plot, together with the 'Location Control Route Survey' recorded as Instrument Number 2010-015472 in the Office of the Recorder of Hamilton County, Indiana, (Incorporated and made o port hereof by reference) comprise o Route Survey executed in accordance with Title 865 Indiana Administrative Code 1-12, (Rule 127. �-71•/ g/g7R Trent E. Newport - Dale Reg. Land Surveyor No. 29600021 . State of Indiona Sheet 2 of 2 Transportation & vetoP went Consultants X J9(Ak'I ear0-1555"14 W 45W? 'Parcel: 64 Code: Project: 1297165 Road: 111th. ST & PENNSYLVANIA ST. County: HAMILTON Section 2 Township: 17N Range:• JE Owner: MEYER FAMILY LIMITED PARTNERSHIP Hatched Area is the Approximate Taking Note: Centerline Stationing is English Drawn By: J. WHITESIDE Checked By: R.PERRY DES: No. 1297165 G INST. 200200032521 Inst. 200200045075 (sell—off) Date: 08/08/2012 Date: 08/08/2012 DATE: 05/02/2002 DATE: 06/26/2002 9imrnaion< Shown Are From Thr Above I kted Rerord Porum•nty CLOSING STATEMENT Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. The information provided below, except for the tax identification number, is adequate information to provide to a tax professional. FEE OWNER: Meyer Family Limited Partnership ADDRESS: 110 111th Street, Indianapolis, IN 46280 PROPERTY ADDRESS: 110 111th Street, Indianapolis, IN 46280 DESCRIPTION OF PROPERTY: A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana TAX PARCEL ID: 29-13-02-000-014.001-018 PROJECT: Des No. 1297165, 111th St and Penn St., City of Carmel, PROJECT PARCEL: 64 COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $271,100.00 LAND AND/OR ADMINISTRATIVE SETTLEMENT: $ 17,400.00 IMPROVEMENTS: $228,000.00 DAMAGES: $ 25,700.00 Please be advised that no property taxes have been assumed by the City of Carmel in connection with the purchase of the above -captioned property. Any applicable tax adjustment, due to the above purchase by the City of Carmel, would be accomplished by the County Assessor after the deed is recorded by the City or its agent. This is supposed to be done; however, you should take the initiative to make this adjustment. The City of Carmel has no authority to remove or change any taxes of any nature. I (we) certify that the above is true and correct and acknowledge receipt of payment. Fee Owners Signature Date Signature Date