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Home My WebLink AboutCarmel Drive - Beasley, Mark200000022216 lY Filed for Record in HAMILTON COUNTY INDIANA \% MARY L CLARK ' J J On 05-08-2000 At 02:41 pm. � p EASEMENTS 18.00 l� ��Dlj GRANT OFCONSTRUCTIONEASEMENT OThis Grant of Construction Easement (the "Agreement"), is entered into by and between /YmeiG 0 --zE8"5e (the "Grantor") and the City of Carmel, Indiana, by and through- its Board of Public Works and Safety ("Granteep, :n public right-of-way and related purposes. as follows: 1. Grantor is the fee simple owner�of the real property c nmonly known as dnRmee Arre711.40�—,e eaz and more particularly described in Exhibit A, attached hereto and incorporated herein (the `Premises"). Grantee intends to undertake and construct the following improvements (the "Improvements') on the Premises: Streetscape improvements, which include but arc not limited to, sidewalks, brick crosswalks, brick gateway columns, decorative street lights, upgraded or improved signalized intersections with mast arms (at AAA Way and Rangeline Road), landscaping, improved storm sewer structures and pavement resurfacing as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project"). 3. Grantee shall construct and install the Improvements in a good and workmanlike manner. 4. For One Dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants to Grantee a temporary construction easement (the "Construction Easement") across, under, over and upon that real property adjacent to the Premises, as more particularly described in Exhibit B attached hereto and incorporated herein (the "Construction Easement Property"), in order for Grantee to construct and install the Improvements on the Premises and to complete the Project. �. Grantee shall use commercially reasonable efforts to not damage the Construction Easement Property, except for normal and reasonable construction disturbance associated with the removal, re -grading and installation of the Improvements. Grantee shall, in accordance with and subject to the Project's construction plans and schedule, return the Construction Easement Property to substantially the same condition that existed prior to the grant of the Construction Easement. 6. Grantee shall indemnify and hold Grantor harmless from and against any cost, damage, expense, claim, suit or other liability, including, but not limited to, reasonable attorney fees, due to bodily injury or property damage resulting from the acts of Grantee, its employees, agents or contractors, while on the Construction Easement Property. 7. This Construction Easement shall terminate upon completion of the Project. ,911.1.+. (Liu L. -In mo e«mnnth fominly umf mi doe. 1 u. This .Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns and legal representatives in all respects as to all covenants, agreements and obligations contained herein. IN WITNESS \\THEREOF, the parties have executed and deliver this instrument and same shall become effective on the day and year last written below. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) GRANTOR 4E.0 d azrsc Printed Name(s) 609/Q ,FL k 4egi� vt7 Cc.vS a5" L— 9sr CA�em 7Je� ue Add}.,e.ss City, State, Lip By Authori_ed Signature -6tut) Printed Name ann Title /0576 (/n/.30412.tATE Add ss m'i-A.0I/WA 1403 City, State, Zip e Before me, a Notary Public in and for said County and State, personally appeared,: �5v 4 t '. I.. e -zEeSLa/ ("Grantor"), who acknowledtatdi ie eiTh4 of the foregoing "Grant Of Construction Easement" as his/her/their voluntary act andAde 4 /j c; Witness my hand and Notarial Seal this 02°0--- day of nittiiee fly Co mission Expires: l moo' a Wei NOTARY PUBLIC -TA.v ems- L . W� ti PrCounty of My County of Residence:J�- 4 '. tiel 1111iin 2 ti h4 Approved and Adopted this J day of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: .lam# Brainard, Presiding Officer • (70 Date Mary A1tf Burke, Member Date: / `Li,4 is r, Member, >1�M.eA, Clei STATE Or INDIANA COUNTY OF HAMILTON reasurer ) SS: . 2000. Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke and Billy Walker, by me known to be the Members of the City of Cannel Board of Public Works and Safety, and Diana L. Cordray, Clerk -Treasurer of the City of Carmel, %yho acknowledged the execution of the foregoing "Grant Of Construction Easement" on behalf of the City of Carmel, Indiana, // -- n/) Witness my hand and Notarial Seal this lf/ day of EH-PrI ` , 2Q,00::“....;,;, -tib x,11.. k,t 'DFARY PUBLICe” apf � aa1 fir: Ldta yi. 1+m� _ My ommission Expires: 1 --17 - (: Co Printed Name My County of Residence: Prepared by Douglas C. Haney, City Attorney, One Civic Square, Cannel, Indiana 46032. 'kb iib..wd ap.ftu.. Jaiv lav vbv.a ni)Cu[uni.nt, Iamb right 1ronuvuwioi,aa.tfnn doc:36001 3 THE Psii,SCHNEIDER L . CORPORATION 3020 North Post Road Indianapolis. Indiana 46225-8518 317-898-8282 317-899-8010 FAX 317-895-2803 RESIDENTIAL SURVEYING FAX PARCEL 17 EXHIBIT "A" East Carmel Drive Project — Parcel 17 Engineering Surveying Landscape Architecture GIS • LIS Geology Owner: Carmel Racquet Club, Inc. Warranty Deed —Deed Record 312, Page 707 Temporary Construction Easement Land Description Port of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being all that port of the owner's land identified as Parcel 17 lying within the area identified and shown os "Proposed Temporary Construction Easement" on the attached Route Survey Plat and being further described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 89 degrees 50 minutes 15 seconds East (basis of bearings is from Deed Record 312, Page 707, Office of the Hamilton County Recorder) along the south line thereof a distance of 733.00 feet; thence North 00 degrees 24 minutes 05 seconds East a distance of 1723.30 feet to a point on the south right of way line of Carmel Drive, said point being on c curve having a radius of 1185.92 feet, the radius point of which bears North 08 degrees 43 minutes 06 seconds West; thence easterly along said curve an arc distance of 182.26 feet to the Point of Beginning on the grantor's west line, said point bearing South 17 degrees 31 minutes 25 seconds East from the radius point; thence continuing northeasterly along said right of way •line and along said curve an orc distance of 52.98 feet to point bearing South 20 degrees 05 minutes 00 seconds East from the radius point; thence North 69 degrees 55 minutes 00 seconds East continuing along said right of way line 12.68 feet to the grantor's east line; thence South 00 degrees 24 minutes 05 seconds West along said east line o distance of 15.67 feet; thence North 43 decrees 36 minutes 40 seconds West a distance of 6.87 feet; thence South 70 degrees 35 minutes 43 seconds West a distance of 36.40 feet; thence South 26 degrees 55 minutes 57 seconds West a distance of 2.12 feet; thence South 70 degrees 46 minutes 31 seconds West a distance of 23.47 feet to the grantor's west line; thence North 01 degrees 18 minutes 23 seconds East along said west line a distance of 10.99 feet to the Point of Beginning. Containing 604 square feet. j:\2k\2603\001\dwgs\porcell7.dwg TSC #2603.001 Sheet /of 3 Pr THE SCHNEIDER J CORPORATION PLAN SCALE 1 "= 30' 3020 North Post Road Indianapolis. Indiana 46226-6518 317-898-8282 317-899-8010 FAX 317-895-2803 RESIDENTIAL SURVEYING FAX Engineering Surveying Landscape Architecture GIS • LIS Geology L=52.98' _ R=1185.92: S00'24'05"W '\15.67' 0 '43 510j5 N43'36'40"W 6.87' (SEE REPORT) LANDMARK RICHARDS BUILDING NO1'18'23"E 10.99' 1 n ri CN • 52555'57"W 2.12' S70'4,5'31 "W 23.47';1 PARCEL 17 RECORD OWNER ARMEL RACQUET CLUB, INC. QUITCLAIM DEED BOOK 312, PAGE 707 COOTS, HENKE, WHEELER PROPOSED TEMPORARY CONSTRUCTION EASEMENT (CROSS HATCHED) SURVEY LINE MONU. 1322 L=400.00' c-,500 G 5 R=1145.92' NbZggS\ 4; ;°"f - , X CPR\4E" R\ SURVEY LINE MONU. 1321 SURVEY LINE SURVEY UNE N89"55'00"E acc 1750.84' L=400.00' R=1145.92' SURVEY UNE MONU. 24428 w J 0 W < 0 0 C C NO1.18'23"E N89'55'00"E 1723.30' 733.00' 2• P.O.B. PARCEL 17 ESMT. NOTE : SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. \\_ SW CORNER SEC.31—T18N—R4E j:\2k\2603\001\dvigsoorce117.dwg PARCEL 17 EXHIBIT en TSC #2603.001 Sheet 1 of /