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HomeMy WebLinkAboutHarry Elliott - Rangeline RoadRIGHT OF ENTRY 199909967398 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 11-18-1999 At 01:38 pm. MISC 29.00 APPROVED, A TO FORM BY: This RIGI-IT OF ENTRY IS GRANTED as of the ,7iL0 day of October, 1999 by Harry C. Elliott, ("Grantor") to and for the benefit of the City of Carmel, Indiana, and its Rangeline Road widening and related construction activities generally located north of the intersection of Rangeline Road and 126111 Street, in the City of Carmel, Indiana ("Grantee"). 1. Grantor, fee owner of the herein described real property (the "Premises"), hereby grants to Grantee and its respective employees, agents and contractors, at no cost or expense to Grantor, the right to enter upon any portion of the Premises which is required for the purpose of performing any and all duties necessary to undertake and complete the following: Construction of South Rangeline Road improvements, as illustrated on attached Exhibit "A" 2. The Premises are more fully described as the following: As illustrated and described on attached Exhibits A. B, incorporated herein by reference. Grantee shall protect, indemnify, hold harmless and defend Grantor from and against any and all loss, cost, damage, expense, demand, claim, suit or other liability, including but not limited to reasonable attorneys' fees because of bodily injury, including death at any time resulting therefrom, or property damage which results from the acts of the Grantee, its employees, agents or contractors, while on the Premises pursuant hereto. 4. Grantee shall not cause damage to the Premises, except the normal and reasonable construction disturbance associated with the purposes for which this Right of Entry is granted, and shall, at the appropriate time in the project's construction schedule, return the Premises to as close to the condition that it was in prior to the grant of this Right of Entry as is reasonably possible. Grantee shall take reasonable efforts to ensure that the construction within the Premises pursuant hereto is staged such that it will not unnecessarily restrict ingress/egress to the Premises. This right of entry shall remain in effect until the closing of sale of the Premises by Grantor to Grantee. This Right of Entry is an accommodation from Grantor to Grantee and its existence shall not be interpreted to limit in any way the rights of either party tout) seek available remedies at law or equity. IN WITNESS WHEREOF, Grantor has executed and deliveredthis instrument as of the day and year first above written. GRANTOR: X41- ca¢P cu.-/ ( L.Aw.•tNcc E Lawi.cfn QHS -,,.4 L4 Harry C. Elliott uNdk- Gcr.41L. Oven 6lc PoA hc..4-nt. QCA-3 InZ ACCEPTANCE GRANTEE CITY OF CARMEL, INDIANA By:.-<%e- Its: y:_C e-.�'d� c EI�/1ti Its: PPP . 49,10 ,n This instrument prepared by Mary E. Solada, Attorney at Law, Bingham Summers Welsh & Spilman, Indianapolis, Indiana 46204. 442344 Approved and Adopted this 3 day of NO RAW , 1999. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: t A2 I es Brainard, Presiding Officer ate: //' >- 9 7 Mary Ann Burke, Member Date: Billy \Iker, Member Date: //-v3-99 ATTESTS �� Diana Cor Date: 11.100 ''3 'section No. 11 & .4 for Intersection Lighting See Street E-1 e9 �R' F. 1 100' Frpo.;eiona R`e +50 rs 62 400Rs r = 50'1 I FUIURE RLI/ rr,..t J r Noir and Fixture n Relocate and Reconnect C. Wood "_ «every rr ,nparmy C,sd j 4sr.Iwoa ♦ ac -Liar Block 1,1911mry If/INTeporIf/INklodular Olock h•: Ucl (see DetaO 5nl'a. 407 HARRY C. ELLIOTT a•C• C.+3 i J ♦e0 S'a. Ra. 105 Agin! Cost;ng to Grad +e0 STR. co. 103 Inlet I.I-10 Adjust Costing to Geode Remove Exist. Inlet le Extend Z' oI 1Y Fipe Req'd. Inv. E a39.74 �5J R/r/ 50' . CSA• rI _!1_a..I. °�a C '` 90, :e' L! 111m C Lplt Fixture F. eyr_ See Snee!s 19 A (-1 ! . Remove-' RANGE LINE ROAD @ l/1 i-qa I etal ADORNflare; ""k ‘."-(51)enr.u. 1._7':... �7 e,.90 SD' 50' 50' n +90,32' Rt. Type •C Light Fixture Rega i t0} 5D m X S m —L D EXHIBIT B Project 126th Street Improvements City of Carmel Hamilton County, Indiana Parcel 15A Temporary Right of Way Page 1 of 1 A part of the Southeast Quarter of Section 25, 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: Beginning on the south line of said quarter section South 89 degrees 12 minutes 13 seconds West 50.03 feet fro= the southeast comer of said quarter section, designated as point "210" on said plat; thence South 89 degrees 12 minutes 13 seconds West 10.00 feet along said south line to point "223" on said plat; thence North 7 degrees 33 minutes 27 seconds East 38.06 feet to point "259" on said plat; thence North 0 degrees 00 minutes 33 seconds East 270.00 feet to point "2003" on said plat; thence South S9 degrees 59 minutes 27 seconds East 20.02 feet to the west boundary of Range Line Road and point "2001" on said plat; thence South 0 degrees 00 minutes 44 seconds West 13.00 feet along the boundary of said Range Line Road to point "2010" on said plat; thence North 89 degrees 59 minutes 27 seconds West 15.02 feet to point "2002" on said plat; thence South 0 degrees 00 minutes 31 seconds West 294.59 feet to the point of beginning and containing 0.042 acres, more or less. •OQ� cos •�` i LS 29800021) STATE Of !1 Given under my hand and seal April 29, 1999 WOOLPERT LLP This document was prepared for the City of Carmel, Indiana by David E. Lauer, Indiana Registered Land Surveyor, License Number LS 29800021, State of Indiana This description was written from information obtained from the Recorder's Office and other sources, which were not necessarily checked by a field survey. G:\S V\Proj ects\55090\D est\ 15 A doc EXHIBIT 0 Project 125th Street Improvements City of Carmel Hamilton County, Indiana Parcel 15 Fee Simple Page 1 of 1 A part of the Southeast Quarter of Section 25, 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: Beginning on the south line of said quarter section South 89 degrees 12 minutes 13 seconds West 35.03 feet from the southeast comer of said quarter section, designated as point "222" on said plat, to the west boundary of Range Line Road and point "260" on said plat; thence South 89 degrees 12 minutes 13 seconds West 15.00 feet along said south line to point "210" on said plat; thence North 0 degrees 00 minutes 31 seconds East 294.59 feet to point "2002" on said plat; thence South 89 degrees 59 minutes 27 seconds East 15.02 fcet to the west boundary of said Range Line Road and designated as point "2010" on said plat; thence South 0 degrees 00 minutes 44 seconds West 294.38 feet along the boundary of said Range Line Road to the point of beginning and containing 0.101 acres, more or less. LS 29800021 STATE OF OSUR`Jt-;,,, Given under my hand and seal April 29, 1999 WOOLPERT LLP This document was prepared for the City of Carmel, Indiana by David E. Lauer, Indiana Registered Land Surveyor, License Number LS .29800021, State of Indiana This description was written from information obtained from the Recorder's Office and other sources, which were not necessarily checked by a field survey. G:\SV\Projectsk55090\Desc\15.doc 200 EXHIBIT RIGHT-OF-WAY PARCEL PIAT PRE'ARFD FOR CITY OF CARMEL PARCEL IS FEE SIMPLE PON7 BEARING DISTANCE TO PONT 260 5 697;'7.;' W 7100' 210_ 210 N 000,1 L 294.5 2002 2002 5 693? 2; E 1302 201 207 O00 44 W 294 36' 260 _5 AREA - +,+20 S F. 101 AIRES PARCEL ISA TEMPORARY RIGHT OF WAY PONT BEARING DISTANCE' 70 PONT OFFSET C 270 N 177051E45 __f�aM 2012 200/ 5 89 X]<Yaliill'�Slill 5 £95044 i 20W� 527< 2001 5 A Wilrl�VO EEa< olora 31 __ N /720516.32 AREA - 1828 0.0+2 Ai' INSTRUMENT NO. 9338803 DEED RECORD 223, PACE 191 APP. EX. PROV. R/W PANT REFERENCE CHART ppm? NOR TN EAST STATION OFFSET C 270 N 177051E45 E 199010.977 772447 62 ,20.00 L 527< 222 N 172017.1; A 7. 223 N /720516.32 E 199000.97 72+97.52.0.00 527< 259 N 1720354.05 5 19900197 73+33.00 k5500 L 527< ei :7205:6 65 E 1 260 000 N 172046877 6 196994.1 72+30.00 6700 1. 52K 2007 N :720824.04 t 199026.03 76+05.00 34.98 L 52K 2002 N 1710911.05 E 199011.01 75+92.00 50.00 L Six 7003 Ti 7720824.05 E 199016.02 76+0500 55.00 L 52w 2004 N 1720577.13 f 199060.97 72+9&09 0.00 52K 2005 N 7721779,04 C 79906;.06 79+00.00 0.00 52K 9013 N 1720538.26 E 199060.96 73+19.22 0.07 L 52x 2010 N 1710871.04 E 199026.03 75+92.00,34.98 L six APP. SOUTH UNE OF THE SE1/4 Station de offsets ore to control ober North & East Coordinates h over Bearings k Distances. All dimensions can be found in the recorded document. This plat was prepared from information obtained from the Recorders Office and other sources which were not necessarily checked by a Field survey. Subject to any and all easements conditions and restrictions of record. J cc 6.1 2 SE COR. SE I/4, Soc. 25, T1rX., R.X. SCALE I%.100• 100 SURVEYOR STATEMENT' To the best of my knowledge and belief. this plat, together with the 'Location Control Route Survey Plat' recorded on February O. 1999 es Instrument /9909907329 In the Office of the Recorder of Hamilton County, Indiana (Incorporated and made a part hereof by reference) comprise a Route Surrey executed in accordance with Indiana Administrative Code 865 IAC 1-12. (Tule 127. Certified this 29th day of April. 1999. WOOLPXRT LIP I David & Lauer Registered Land Surveyor no. LSZP800021 State of Indiana QPQO15Tfq aFP LS 29800021 STATE OF Cl/Ild'iGg se HATCHED AREA IS THE APPROXIMATE TAKING Nig WOOLPERT LLP /164 7140 w i.XWAR CAW 90IAHAPNS H 4626E pit 317.299.7500 VIOOTPFRT OWNER EWOTT, HARRY C. PARCEL 15 PROJECT 126T1-1 STREET IMPROVEMENTS SECTION 25 TOWNSHIP 18 N. RANCE 3 E. COUNTY HAMILTON DRAWN 8Y: T.E. DR 2-17-98 CHECKED BY: M.Y. TEM 2-17-98 GENERAL DURABLE POWER OF ATTORNEY I, HARRY C. ELLIOTT, of Hamilton County, State of Indiana, being at Least 18 years of age and mentally competent, do hereby create a general durable power of attorney under Indiana Code §30-5 et seq. and do hereby designate LAWRENCE E. LAWHEAD, 13199 Ditch Road, Carmel, Indiana 46032, telephone number (317) 846-6546, as my true and lawful attorney-in- fact. I. Powers By this instrument, I confer upon said attomey-in-fact the following: 1. Authority to receive confidential information; to prepare, sign and file income tax return forms 1040, 1040X, IT40 and IT4OX for the years 1990 through 2002; and to at any time perform any and all other acts before the taxing authorities of any jurisdiction, including specifically the execution of Internal Revenue Forms 2848 and 8821, the Indiana Department of Revenue Power of Attorney Form 48 (or any successors thereto), and such other authorization forms as may be necessary to carry out the purposes of this delegation of authority. 2. Authority under Indiana Code §30-5-5 et seq., including but specifically not limited to each of the following: (a) General authority with respect to real property transactions; (b) General authority with respect to tangible personal property transactions; (c) General authority with respect to bond, share and commodity transactions excluding any authority to purchase puts, calls or commodities or to purchase any security on margin; (d) General authority with respect to banking transactions; (e) General authority with respect to business operating transactions; (f) General authority with respect to insurance transactions, excluding the right to change the beneficiary of any policy insuring my life; (g) General authority with respect to beneficiary transactions; (h) General authority with respect to gift transactions; however, this authority shall exclude the power to make gifts to any person other than my spouse in excess of the amount excluded from gifts under Section 2503(b) of the Internal Revenue Code of 1986, as amended, or any successor code section thereto; (i) General authority with respect to fiduciary transactions; (j) General authority with respect to claims and litigation; (k) (1) (m) General authority with respect to family maintenance; General authority with respect to benefits from military service; General authority with respect to records, reports and statements; (n) General authority with respect to estate transactions, including (1) specific authority to add, at any time or times, any or all of the property owned by me to any trust in existence for my benefit, provided that the income and principal of the trust shall either be distributable to me or to the guardian of my estate or be applied for my benefit during my lifetime and (2) specific authority to cause my resignation as a fiduciary, for example, as trustee of any trust created by me; (o) General authority to delegate in writing all or any of the authority granted herein; and (p) General authority to perform any and all acts and execute any and all documents not herein excluded the same as I might do were I then present and competent. 3. Notwithstanding the foregoing, my said attorney-in-fact shall not have the right to do any of the following: (a) Without the express written approval of a court of competent jurisdiction, make a will, codicil or trust for me; or (b) Without the express written approval of a court of competent jurisdiction, alter, amend or revoke my will or any codicil thereto or any trust in which I have an interest as settlor, beneficiary or trustee. 4. My said attorney-in-fact may employ lawyers, investment counsel, accountants and other persons to render services for or to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services. My said attorney-in-fact may be reimbursed for expenses but shall not be entitled to a fee for services provided. II. Effective Date; Durability This General Durable Power of Attorney shall become effective upon execution and shall terminate on October 31, 1999. III. Ratification of Acts; Binding Effect All acts done by my attorney-in-fact pursuant to this power during any period of my disability or incapacity shall have the same effect and inure to the benefit and bind me and my successors in interest as if I were competent and not disabled. All actions of my attorney-in-fact shall bind me and my heirs, distributees, legal 2 representatives, successors and assigns, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that if this General Durable Power of Attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party or parties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of written notice of any such termination or amendment or actual knowledge of my death. IV. Revocation and Termination I hereby reserve the right of revocation; however, this General Durable Power of Attorney shall continue in full force and effect until: (a) I have executed and recorded in the Recorder's Office of the County of my domicile a written revocation hereof; (b) I have delivered written notice of revocation to such persons or entities who have relied upon this General Durable Power of Attorney or such persons or entities have actual knowledge of my death; or (c) October 31, 1999. This General Durable Power of Attorney shall terminate upon my death. V. Guardianship In the event a judicial proceeding is brought to establish a guardianship over my person or my estate, I hereby appoint Lawrence E. Lawhead to serve as guardian of my person and/or estate, as appropriate. VI. Health Care Power of Attorney The provisions of any health care power of attorney or similar document which has been executed by me and which has not been revoked or otherwise been made invalid shall control and take precedence over the provisions of this instrument regarding my health care. In the absence of a health care power of attorney or similar document containing provisions regarding my health care, I confer upon said attorney-in-fact general authority with respect to my health care, including without limitation the withholding or withdrawal of health care in accordance with Indiana Code §§ 30-5-5-16 and 17. 3 S WHEREOF, I have hereunto set my hand and seal this 9 «/ day of ef� 1999. City of Residence: Carmel County of Residence: Hamilton State of Residence: Indiana STATE OF INDIANA ) SS: COUNTY OF Ee ) Before me, a Notary Public in and for said County and State, personally appeared HARRY C FT .T IOTT who acknowledged the execution of the foregoing General Durable Power of Attorney, and who having been duly sworn, stated that any representations therein contained are true. /' J Witness my band and Notarized Seal this ,7 day of (%('QfK , 1999. BARBARA A LANNDRY NOTARY PUBLIC SPATE OF INDIANA HAMILTON COUNTY MY COMMISSION EXP. JUNE 19,20 19 My Commission Expires SignadiZi4 ,n& ture S rkrc 4t161/ Printed Name I A Resident of County This instrument prepared by G. Weldon Johnson, JOHNSON LAWHEAD BUTH & POPE, P.C., Suite 940, 8900 Keystone Crossing, Indianapolis, Indiana 46240-4633, (317) 848-5808. 4 City of Carmel November 12, 1999 The Honorable Mary Clark Hamilton County Recorder Hamilton County Judicial Center One Hamilton Square Noblesville, IN 46060 Re: Right of Entry Dear Ms. Clark: I hereby certify the Carmel Board of Public Works & Safety approved the attached Right of Entry (Harry Elliott) at its November 3, 1999 meeting. I have enclosed a self addressed stamped envelope for you to send the recorded documents back to my office. If you have any questions, please contact me at 571-2414. Sincerely, 7(//l-.0 r Diana L. Cordray Clerk -Treasurer Enclosures: Check # 78841 ($30.00) payable to the Hamilton County Recorder Right of Entry Self-addressed Stamped Envelope ONECIVIC'SQUARE CARMEL. INDIANA 46032 317/571.2400 CeAtib 51L -5sq• 2 9z.. City of Carmel February 28, 2000 Harry Elliott 620 S Rangeline Rd. Carmel, IN 46032 Dear Mr. Elliott Enclosed is an original of the Right of Entry approved at the November 3, 2000 Board of Public Works and Safety meeting. It was returned by the Hamilton County Recorder on February 25, 2000. A photocopy of the recorded document is also enclosed. The original recorded document will stay on file in this office. If you have any questions, please call our office at 571-2414 or the Recorder's Office at 776-9618. Sincerely, fr® C. Robin L. Butler Deputy Clerk Enclosure i,.. _ nom.. l: /:I::;r.-';t;..;R ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571-2400