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Home My WebLink AboutCarmel Cemetary - Rangeline RoadRIGHT OF ENTRY AGREEMENT n This RIGHT OF ENTRY has been executed this i / day of 3.1.4\./(c_.., , 2008 by the undersigned Carmel Cemetery Association f/k/a Trustees of the Carmel Cemetery Company ("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" & "8" 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: 1. 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 "Right 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. 6. Damage. Damages that are made to the property during construction phase of the project, the City of Carmel will hold the subcontractor responsible. 7. Fence. The City of Carmel has also agreed that during construction phase of the project, a temporary fence shall be installed along the back edge of the proposed right of way line to protect the remaining property from any construction. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right of Entry as of the day first above written. GRANTOR: Carmel Cemetery Association f/k/a Trustees of the Carmel Cemetery Company Eric Moffett, president Printed Name By (V/6�. Todd Andrews, Secretary GRANTEE: The City of Carmel, Indiana By: Mr-t-At_t_e-kjc elht21L/Nlr? Printed Name EXHIBIT "A" Parcel: 7 Fee Sheet l of l A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 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 corner of said section, designated as point "2" on said parcel plat; thence along the west line of said section North 0 degrees 03 minutes 26 seconds East 396.00 feet to the northwest corner of the property described in Deed Book 84, Page 290 in the office of the recorder of Hamilton County, Indiana; thence North 89 degrees 08 minutes 01 seconds East 40.35 feet along the north line of said property to point "700" designated on said plat; thence South 0 degrees 04 minutes 03 seconds West 114.81 feet to point "701" designated on said plat; thence South 0 degrees 10 minutes 06 seconds East 264.67 feet to the north boundary of 136`h Street, designated as point "705" on said plat; thence continuing South 0 degrees 10 minutes 06 seconds East 16.50 feet to the south line of said section; thence along said south line South 89 degrees 08 minutes 01 seconds West 41.44 feet to the point of beginning, containing 0.370 acres, more or less, inclusive of the presently existing right-of-way which contains 0.202 acres, more or less, for a net additional taking of 0.168 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 MAtL1.“ , 2008 ?et_ day of \00n 1 u n r ni,. .44.21 S7E,p�;� - S 20600004'.• > t. STATE OF 3 9N0 SUR- \‘' DEED RECORD 84, PAGE 290, DATED 03-11-1903 DEED RECORD 340, PAGE 09, DATED 11-11-1983 DEED RECORD 340, PAGE 10, DATED 11-17-1983 0 25 50 SCALE: 1'= 1W EXHIBIT "B" RIGHT-OF-WAY PARCEL PiT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 06-406) 73 P.O.T. 105+00.00 A" rt 72 P.I. 102+81.67 A" 0 o o� W% rt /I �// o / 4 279.04' 279.03' 25/ OP.l. 20+00.00 "5 -1 -As 30 Rods 215.97 SHEET 1 OF 2 216.20' SELL-OFF RES. A R/W 1DX?ST R/W 22+00 23+00 24+00 1 1 25+00 SMOKEY ROW ROAD (136TH STREET) 30 Rods LINE S -1-A" (SECTION LINE) \ P.O.T. 100+0000 r= PO. Z 20+06.43 5-141 REVISED BY: K.I. CARR 3-25-08 OWNER : PARCEL : CODE CARMEL CEMETERY ASSOCATION DRAWN BY: J. A. ROWNGS 2-12-08 7 CHECKED BY: T. J. COOMES 2-18-08 PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD SEOC 0 1WIMILTON AREA IS TAKING E /� APPROXIMATE TOWNSHIP : 18N. RANGE : 4E. Dimensions shown are from the above fisted Record Documents. Point f Line 2* 72* 73* EXHIBIT "B" (cont.) PARCEL COORDINATE CHART SHEET 2 OF 2 °S -1—A" Stotion I Offset NORTH EAST °A" 700 701 705 °A" "A" °A" "A" 103+96.55 P.I.(102+81.67) &(35.00' RT.) 35.00' RT. 1726199.9439 +12(100+16.93) 35.00 RT. 1726085.1347 1725820.4617 199098.3002 199098.1651 199098.9425 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. * SEE LOCATION CONTROL ROUTE SURVEY PLAT. SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the °Location Control Route Survey" (irecorded in Instrument No. 2007014151 in the Office of the Recorder of Hamilton County, Indiana, ncorporated and mode a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 17). 00%ulllnn'i, Given under my hand and seal ti TIMOTHY J. MESS Registered Land Surveyor No. 2060000 State of Indiana :20600004: STATE OF /, SUR \.\. OWNER CARMEL CEMETERY ASSOCIATION PARCEL 7 CODE . PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD COUNTY : HAMILTON SECTION : 19 TOWNSHIP : 18N. RANGE : 4E. REVISED BY: K.I. CARR 3-25-08 DRAWN BY: J. A. ROLUNGS 2-12-08 CHECKED BY: T. J. COOMES 2-18-08 Dimensions shown ore Tram the above listed Record documents.