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Home My WebLink AboutRangeline Road - Heartland Community Bankel RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY has been executed this / Z day of W C2} 2008 by the undersigned Heartland Community Bank ("Grantor") d 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 ) (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, an 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. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right of Entry as of the day first above written. GRANTOR: Heartland Community Bank Jacqueline E. McNeelan, Sr. VP & CCO Printed Name GRANTEE: The City of Carmel, Indiana By: Printed Name EXHIBIT "A" Parcel: 10 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 southeast comer of grantor's land; thence along the southern 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 point of beginning of this description; thence continuing along said southern line South 85 degrees 02 minutes 55 seconds West 7.89 feet; thence continuing along said southern line South 66 degrees 39 minutes 16 seconds West 45.93 feet to point "802" designated on said plat; thence North 0 degrees 04 minutes 03 seconds East 25.62 feet to point "1200" designated on said plat; thence North 26 degrees 04 minutes 15 seconds East 91.24 feet to point "1201" designated on said plat; thence South 89 degrees 55 minutes 57 seconds East 10.00 feet to the west boundary of Range Line Road, designated as point "1202" on said plat; thence along said west line South 0 degrees 04 minutes 03 seconds West 88.68 feet to the point of beginning, containing 0.074 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 €�` day of 4712-11. , 2008 \`��lll lllllllll ��.••'Gi§°ER (20600004`: STATE OF . DIA c7:- Dimensions shown are from the above listed Record Documents./ 0 31 .5 75 150 SCALE 1'= 150' EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 06-406) ®P. 112+10.90 A" 757.30' Parcel B, 214.53• % ee 542.74' s al take n Ritter's H.P.R. x i,t0 TRACT 1 Real Estate e� 5 �� i ?�5 3� a RES. A b 6 6 1201 co 6\ ._� —207 -Utility Easement m Favor of th 7aim��— N 75249 ,, Parcel B, 8.2d — �— Tract 2, in _ — TRACT 2 Real Estate Ritter's N.P.R. a 75' Statutory Legal Drain Easement 0' 74.41'4454 101.88' 6g�$�18r 96.71 Bqg 09 Proper170.5tySubject to an ingress/Egress Easement per Instr.No. 20010002252237.58 Tract 1, 1202 SHEET 1 OF 2 ;:!> ti 73 P.O. T 105+00.00 A" P.1. P.1. 20+00.00 'S -1—A" P.O.T. 100+00.00 A"= POT. 20+06.43 REVISIED BY: K. I. CARR 4-1-08 OWNER OWNER : HEARTLAND COMMUNf1Y BANK PARCEL : 10 CODE . PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD COUNTY : HAMILTON SECTION : 24 TOWNSHIP : 18N. RANGE : 3E. HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: J. A. ROWNGS 2-25-08 CHECKED BY: T. J. COOMES 2-25-08 INSTRUMENT N0. 2007024518, DATED 3-08-2007 EXHIBIT "Jr (cont.) PARCEL COORDINATE CHART SHEET 2 OF 2 Point Line Station Offset NORTH EAST 2* "S -1—A" ---- ---- ---- ---- 73* "A" ---- --- 74* "A" ---- ---- --- 802 'A" +0107+92.38) 85.00' LT. 1726595.9105 198978.7659 1200 "A" 108+18.00 85.00' LT. 1726621.5299 198978.7960 1201 "A" 109+00.00 45.00' LT. 1726703.4828 199018.8924 1202 "A 109+00.00 t(35.00' LT.) 1726703.4710 199028.8924 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' recorded in Instrument No. 2007014151 in the Office of the Recorder of Hamilton County, Indiana, (incorporated and made a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12, ("Rule 12'). Given under my hand and seal efKof afe TIMOTHY J. COOMES 2 Registered Land Surveyor No. 20600004 Ste of Indiana o�N ( J. coo%, ig-c \STEREO �� — *'20600004•' STATE OF • D I 0P•y0��: /9SURC- • nnnn\\\ REVISED BY: K. I. CARR 4-1-08 OWNER : HEARTLAND COMMUNITY BANK PARCEL : 10 CODE . PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD COUNTY : HAMILTON SECTION : 24 TOWNSHIP : 18N. RANGE : 3E. DRAWN BY: J. A. ROWNGS 2-25-08 CHECKED 8Y: T. J. COOMES 2-25-08 Dimensions shown are from the above listed Record Documents