The URL can be used to link to this page

Home My WebLink AboutLeppert Mortuary - Rangeline RoadRIGHT OF ENTRY AGREEMENT �/ This RIGHT OF ENTRY has been executed this do day of /i/ 2008 by the undersigned Leppert Mortuary & Crematory Services. Inc., an Indiana Corporation f/k/a Leppert & Hensley Mortuary Crematory, Inc. ("Grantor") and the City of Carmel, Indiana, an Indiana municipal corporation ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real estate (the "Grantor Parcel") located in the City of Carmel, Hamilton County, Indiana, which Grantor Parcel is more particularly described in Exhibit "A" & "B" attached hereto and incorporated herein; and WHEREAS, Grantee is involved in a project to construct Range Line Road (Road Improvements Project # 06-19 Range Line Road) (the "Project"); and WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs to acquire fee simple title to a portion of the Grantor Parcel which portion (the "Fee Parcel") is more particularly described in Exhibit "A" & "B" attached hereto and incorporated herein by this reference; and WHEREAS, Grantor intends to execute a warranty deed (the "Deed") for the Fee Parcel but desires to enter into this Grant of Right of Entry to allow Grantee to start on the Project until such time as the Deed is fully executed and recorded; and NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the foregoing Recitals, all of which are incorporated herein and the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: I. Grant. Grantee shall temporarily forego the exercise of its right of eminent domain with respect to the Fee Parcel because parties believe that they will mutually benefit by an extended time period within which to resolve issues and continue negotiations. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees the right to use the Fee Parcel for any lawful purpose related to the Project including, but not limited to, surveying, testing, moving dirt or ground, removal of dirt or ground, landscaping, constructing roadway and any other lawful purpose in connection with the Project as would be permitted if the right-of-way had actually been obtained. Grantee shall not cause damage to the Premises, except the normal and reasonable construction disturbance associated with the project, and upon completion of this work, shall promptly return the Premises to a condition that is equal to or better than its condition prior to this grant of right of entry. 2. Termination by Conveyance. Except as provided in Section 3 below, this Right of Entry shall be irrevocable until such time as the Deed is recorded in the Office of the Recorder of Hamilton County, Indiana at which time this Right of Entry shall terminate. 3. Termination by Order. Neither party hereto waives any of their rights with respect to the Fee Parcel in the event negotiations fail and it becomes necessary for Grantee to institute eminent domain proceedings via the filing of a condemnation complaint. In such event, however, this Right of Entry shall nevertheless be irrevocable until such time as an Order of Appropriation is issued by the applicable Court having jurisdiction regarding eminent domain matters and such Order is recorded in the Office of the Recorder of Hamilton County, Indiana. 4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Grantor Parcel and that there is no encumbrance or other restriction upon Grantor providing this "Richt of Entry" to Grantee. 5. Indemnification. Grantee shall indemnify, defend and save Grantor harmless from any and all liability, loss, damage, cost, obligation and expense which arises out of or results from any negligent act, whether of commission or omission, of Grantee, its agents, employees, contractors, subcontractors, licensees or other claiming by, through or under Grantee, occurring in or about the Fee Parcel whether in the exercise of Grantee's rights hereunder or about the Fee parcel whether in the exercise of Grantee's rights hereunder or in breach or excess thereof. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right of Entry as of the day first above written. GRANTOR: GRANTEE: Leppert Mortuary & Crematory Services, Inc., an Indiana Corporation f/Ida Leppert & Hensley Mortuary Crematory, Inc. By: John T. Leppert. President Printed Name Attest: Joy N. Leppert. Secretary Printed Name The City of Carmel, Indiana By: Printed Nanie EXHIBIT "A" Parcel: 8 Fee Sheet 1 of 1 A part of the Southeast Quarter of Section 24, Township 18 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: Commencing at the Southeast corner of said section, designated as point "2" on said parcel plat; thence along the east line of said section North 0 degrees 03 minutes 26 seconds East 814.02 feet to the northeast corner of grantor's land; thence along the north line of grantor's land South 85 degrees 02 minutes 55 seconds West 37.58 feet; thence continuing along said north line South 66 degrees 39 minutes 16 seconds West 45.93 feet; thence South 22 degrees 15 minutes 48 seconds East 81.64 feet to the north line of the property described in Instrument No. 2002-61980 in the office of the recorder of Hamilton County, Indiana and the point of beginning of this description; thence along the north line of said property North 88 degrees 41 minutes 35 seconds East 18.99 feet to the west boundary of Range Line Road; thence along said west boundary South 0 degrees 04 minutes 03 seconds West 22.32 feet to point "819" designated on said plat; thence North 89 degrees 55 minutes 57 seconds West 10.00 feet to point "801" designated on said plat; thence North 22 degrees 15 minutes 48 seconds West 23.63 feet to the point of beginning, containing 0.007 acres, more or less. This description was prepared for the City of Carmel, Indiana by Timothy J. Coomes, Indiana Registered Land Surveyor, License Number 20600004, on the FIS day of AD21 L. . 2008 001111111001, \\ \\'1 .: Jo ��tSTER�o�ry�� 20600004:- = STATE OF 9�v'n SURN� `O EXHIBIT "A" Parcel: 8A Fee Sheet 1 of 1 A part of the Southeast Quarter of Section 24; Township 18 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: Commencing at the Southeast corner of said section, designated as point "2" on said parcel plat; thence along the east line of said section North 0 degrees 03 minutes 26 seconds East 814.02 feet to the northeast corner of grantor's land; thence along the north line of grantor's land South 85 degrees 02 minutes 55 seconds West 29.69 feet to the west boundary of Range Line Road and the point of beginning of this description; thence along said west boundary South 0 degrees 04 minutes 03 seconds West 94.00 feet to the northeast corner of the property described in Instrument No. 2002-61980 in the office of the recorder of Hamilton County, Indiana; thence along north line of said property South 88 degrees 41 minutes 35 seconds West 18.99 feet; thence North 22 degrees 15 minutes 48 seconds West 81.64 feet to the north line of grantor's land, designated as point "802" on said plat; thence along said northern line North 66 degrees 39 minutes 16 seconds East 45.93 feet; thence continuing along said northern line North 85 degrees 02 minutes 55 seconds East 7.89 feet to the west boundary of Range Line Road and the point of beginning; containing 0.072 acres; more or less. This description was prepared for the City of Carmel; Indiana by Timothv J. Coomes. Indiana Registered Land Surveyor, License Number 20600004, on the .2008 day of \O J. C j �O .•'G� STER';'4 20600004:- STATE OF (VD I• .... SUR` '11,,111111\\�\ 0 37.5 75 150 SCALE: 1'= 150' EXHIBIT "B" RIGHT-OF-WAY PARCEL P _AT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 06-406) P.O.T. 112+10.90 A" '-?sr 95.71' 6095' 71.65 413.88' 270.10' MORTGAGE UNE 143.74 RES. A 36.30" j0.95 SECTION LINE 270.10' 0 h (to W 2g 0 m P.O.T. 105+00.00 A" 7J 24 19 SMOKEY ROW ROAD (136th STREET) OP.I. 20+00.00 'S -1-A' 25 0 SHEET 1 OF 2 NOTE: PROPERTY SUBJECT TO A RECIPROCAL EASEMENT AGR£EMEA7 FOR INGRESS/EGRESS PURPOSES. P.O.T 100+00.00 i1'= P.O.T. 20+06.43 'S -1-A' REVISED BY: K. I. CARR 4-2-08 OWNER : PARCEL : CODE PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD COUNTY : HAMILTON SECTION : 24 TOWNSHIP : 18N. RANGE : 3E. LEPPERT MORTUARY & CREMATORY SERVICES, INC. 8 HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: J. A. ROWNGS 2-22-08 CHECKED BY: T. J. COOMES 2-22-08 INSTRUMENT No. 200200061980, DATED: 8-28-2002 INSTRUMENT No. 200400039570, DATED: 7-18-2003 INSTRUMENT No. 200500033629, DATED: 5-02-2005 Dimensions shown are from the above listed Record Documents.