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Home My WebLink About11617 Rosemeade - Sherry Haston Agreement to Retain/Remove Building0 APPROVAL AND AUTHORIZATION APPROVED AS TO FORM WHEREAS, Sharry D. Haston has executed the foregoing Agreement to Retain and Remove Building ("Agreement") related to Parcel 37 on Project STP -B886, 116`h Street from Rangeline Road to College Avenue. WHEREAS, the City of Carmel, Indiana, is of the opinion that this Agreement is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, approves the Agreement and authorizes the appropriate City of Carmel personnel to execute the Agreement and further to take whatever actions are necessary to accomplish the intent of the Agreement. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY /eft-/ es Brainard Presiding Office e Ma Date: A fine, An : urke, Member O Lori Watson, Member Date: 1 7 O ATTES • Sandra M.JohnsOf, Clerk for Dina Cordray, M Cher reasurer Date: IA�0 This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. [ub:msword \documents and samussWdnuora] settings 'lonpmYintnm (J¢blk3aiamel.l 16NH.hmon b ppmvado<.vzra] PROJECT: STP -B886 PARCEL: 37 COUNTY: Hamilton AGREEMENT TO RETAIN AND REMOVE A BUILDING THIS AGREEMENT, made thisc2a4tday of✓ / , 2004, by and between the City of Carmel, acting by and through its Board of Public o rks and Safety, hereinafter sometimes referred to as "CITY" and Sharry D. Haston whose address is 11617 Rosemeade Drive, in the City of Carmel, County of Hamilton, State of Indiana, Social Security Number , hereinafter sometimes referred to as "OWNER". The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: 1. That the CITY requires certain real estate described, to wit: SEE EXHIBIT "A" hereinafter sometimes referred to as "PREMISES". 2. That on said PREMISES there now exists certain property to which OWNER now claims a legal or equitable interest with said property being described as follows: SEE EXHIBIT "B" hereinafter sometimes referred to as "PROPERTY". 3. Both parties stipulate to the need for the removal of the PROPERTY from the PREMISES, and the OWNER wishes to retain possession of the PROPERTY. 4. OWNER hereby understands and agrees to remove the PROPERTY from the PREMISES within ® 120 calendar days from the receipt of payment for the aforementioned real estate. Said removal process includes, but is not limited to, all combustible materials and other rubbish such as shrubbery and trees, which have been cut or uprooted to facilitate moving operations. Furthermore, OWNER is to leave, if anything, only concrete flatwork on the PREMISES. Any excavation to facilitate moving of improvements or removal of shrubbery, trees or fences shall be refilled and leveled during the time period stated above. Said removal process includes not only the items categorized as PROPERTY, but the representative items listed in paragraph 2 and all items which are natural consequence of the removal process or are reasonable foreseeable by the parties. 5. OWNER hereby understands and agrees that the removal of the retained structure necessitates following the Asbestos NESHAP Inspection and Removal Requirements, latest version. CITY shall not be liable for any fees pertaining to the inspection or the removal of asbestos from the retained structure, or any fines levied for failure of required notifications, and OWNER agrees to hold CITY harmless from and against any and all claims for liability and damages emanating therefrom. 6. Forty -Eight (48) hours prior to removal of the structure, the OWNER shall contact the Carmel City Engineer. All work must be done under the observation of the City Engineer. Before the faithful performance bond described in paragraph 8 will be released, the City Engineer must accept the site from where the structure has been removed and sign the release form attached to this agreement. The OWNER shall be responsible for backfilling the crawl space and/or basement according to the following specifications: a. Remove all fixtures and appliances such as furnace, water heater, etc., from basement or cellar. Concrete and other debris shall not be discarded in basement. b. All drains shall be sealed with concrete. c. Basement floor shall be broken. d. Basement or crawl space walls shall be demolished and removed down to a point two feet below ground level or subgrade elevation, whichever is lower. e. Basement or crawl space shall be backfilled with "B" Borrow (Pit run gravel). f. Basement must be filled same day structure is removed. 7. OWNER shall only have the right to remove the PROPERTY and related matters stated herein, and shall enjoy no other rights upon the PREMISES. 8. In consideration for the CITY's potential loss, damages and dilemma of having OWNER refuse or neglect to remove the PROPERTY from the PREMISES, the parties hereby mutually understand and agree the OWNER shall tender and CITY shall accept from OWNER the sum of $15,000.00, which sum shall be in Man amount sufficient to permit CITY to retain adequate services to perform the stated removal of the PROPERTY from the PREMISES, and payment for other damages occasioned by and because of non- performance of OWNER by cashier's check, certified check, or other means acceptable to the CITY, payable to the City of Carmel on the execution date of this agreement. Upon the faithful performance of OWNER of her duties under this Agreement, said sum shall be returned to her on or before 30 calendar days following the time period stated above in paragraph 4. 9. It is expressly understood and agreed between the parties that OWNER shall not commence the removal process until the tender pursuant to paragraph 8 has been accepted by the CITY. 10. If OWNER refuses or neglects to remove PROPERTY from the PREMISES within the state time periods herein, OWNER shall be considered defaulted on the Agreement, shall forfeit the entire sum stated in paragraph 8 as actual and liquidated damages, and the CITY shall have the expressed authority to remove the PROPERTY from the PREMISES without incurring any liability to OWNER. 11. If OWNER refuses or neglects to perform any other stated duties under the terms of this @Agreement, then the terms of paragraph 10 shall govern such breach of this Agreement. 12. OWNER understands and agrees to assume and does hereby assume all liability for injuries to persons or property while removing the items referenced in paragraph 2, and agrees to save the CITY harmless from and against any and all claims for damages emanating therefrom. 13. OWNER is solely responsible for securing and complying with the requirements of all necessary zoning, building and moving permits and licenses. The CITY accepts no responsibility for the requests or granting of these permits or licenses. IN WITNESS WHEREOF, the said parties have caused their signatures to be affixed by the appropriate official(s) or person(s) on the date first written above in the City of Carmel, State of Indiana. STATE OF i—,tics) COUNTY OF ft'&%is.,.). BY: CITY: Ch V of Ce, &PIC/ /0i 114 /f9MCS Bfri9//Uy/10 Printed Name Title NOTARY'S CERTIFICATE ® Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sharry D. Haston being first duly sworn by me upon her oath, states that the terms and conditions in the foregoing Agreement are true. �l Signed and sealed this Z- day of �/ltitl f , 2004. My Conunission Expires: 6 , 0009 Notary Public a.4 a1)1, Ad -Taal Printed Name ANGELA M. BROMSTRUP MARION COUNTY My Commission Expires January 15, 2009 County of Residence: NOTARY'S CERTIFICATE STATE OF 12wh.-w, ) COUNTY OF 7shm 1&. Before me, the undersigned, a Notary Public in and for said County and State, personally appeared cZq,n4S &,-,Ai,✓,9e,O being first duly sworn by me upon pt oath, states that the terms and conditions in the foregoing Agreement are true. Ass Signed and sealed this day of V yin C. , 2004. My Commission Expires: 026, oto// County of Residence:dnyo„� 0 Notary Public Printed Name �/✓q/ L SSoA ��' • • EXHIBIT "A" Project: STP -B886( ) Parcel: 37 Sheet 1 of 1 Fee Simple A part of the Southeast Quarter of Section 36, 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 as Exhibit "B", described as follows: Commencing at the southeast corner of said section, designated as point "515" on said parcel plat; thence South 89 degrees 50 minutes 14 seconds West 449.047 meters (1,473.25 feet) along the south line of said section to the prolonged east line of the grantor's land; thence North 0 degrees 50 minutes 41 seconds West 8.535 meters (28.00 feet) along said prolonged east line to the southeast corner of the grantor's land and the point of beginning of this description, which point is on the north boundary of 116th Street: thence South 89 degrees 50 minutes 14 seconds West 26.524 meters (87.02 feet) along the boundary of said 116th Street to the southwest corner of the grantor's land; thence North 0 degrees 50 minutes 41 seconds West 14.327 meters (47.00 feet) along the west line of the grantor's land; thence North 89 degrees 50 minutes 14 seconds East 26.524 meters (87.02 feet) to the east line of the grantor's land; thence South 0 degrees 50 minutes 41 seconds Fast 14.327 meters (47.00 feet) along said east line to the point of beginning and containing 380.0 square meters (4,090 square feet), more or less. This description was prepared for the City of Carmel by John M. Garvey, Indiana Registered Land Surveyor, License No. 50148, on the 21''d day of November, 2001. This description was written from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. rt N1. G4, fr Fo _fes 7 4 STATE OF %�O EXHIBIT "A" Project: STP -B886( ) Sheet 1 of 1 Parcel: 37A Temporary R/W for Building Removal A part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the southeast corner of said section; thence South 89 degrees 50 minutes 14 seconds West 449.047 meters (1,473.25 feet) along the south line of said section to the prolonged east line of the grantor's land; thence North 0 degrees 50 minutes 41 seconds West 22.862 meters (75.00 feet) along said prolonged east line and along the east line of the grantor's land to the point of beginning of this description: thence South 89 degrees 50 minutes 14 seconds West 26.524 meters (87.02 feet) to the west line of the grantor's land; thence North 0 degrees 50 minutes 41 seconds West 20.341 meters (66.74 feet) along said west line; thence North 89 degrees 50 minutes 14 seconds East 26.524 meters (87.02 feet) to the east line of the grantor's land; thence South 0 degrees 50 minutes 41 seconds Fast 20.341 meters (66.74 feet) along said east line to the point of beginning and containing 539.5 square meters (5,807.0 square feet), more or less. This description was prepared for the City of Carmel by John M. Garvey, Indiana Registered Land Surveyor, License No. S0148, on the 2°" day of November, 2001. This description was written from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. 0 0 6 PARCEL: 37 PROJECT: STP -8886( ) ROAD: 116th STREET COUNTY: HAMILTON SECTION: 36 TOWNSHIP: 18 N. RANGE: 3 E. EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL OWNER: HASTON, SHARRY D. INSTRUMENT NO. 9126673 DATED: 8-30-91 INSTRUMENT NO. 9341215 DATED: 7-23-93 Dimensions shown below are from the above listed record documents. Centerline stationing tic marks are shown at 20 meter intervals. 36 Lot 2 Lot 1 V) za- O e- 5 5 Z N o o O O Oto U U O m z a 0 0 6 F ¢ 21 cn C.1 G 2 rn O = G4 Block "D" 116th STREET 560 n 0 N M 0 DES. NO.: DRAWN BY: CHECKED BY: SHEET 1 OF 2 9785910 & 9785911 C.J. HOGSTON, 10-28-01 J.R. RITTER, 10-31-01 Hatched area is the approximate taking. 50' 100' SCALE: 1' = 50' R/W 0 566 N 1,473.25' 515 508 Line "PR -1" • 'R%W� This plot was prepared from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. 31 PARCEL: 37 PROJECT: STP -8886( ) ROAD: 116th STREET COUNTY: HAMILTON SECTION: 36 TOWNSHIP: 18 N. RANGE: 3 E. EXHIBIT "B" SHEET 2 OF 2 RIGHT -OF --WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL OWNER: HASTON, SHARRY D. DES. NO.: 9785910 & 9785911 DRAWN BY: C.J. HOGSTON, 10-28-01 CHECKED BY: J.R. RITTER, 10-31-01 POINT REFERENCE TABLE (METRIC UNITS) (NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES) POINT CENTERLINE STATION OFFSET NORTHING EASTING 128 "PR -1" 2.410.207 19.798 Lt. 4660.562 5416.535 141 "PR -1" 2.343.104 19.660 Lt. 4660.370 5349.169 508x "PR -1" 2.009.481 3.200 Rt. 4636.563 5015.612 515 "PR -1" 2.818.967 0.000 Rt. 4638.861 5825.074 560 "PR -1" 2.009.460 0.000 Rt. 4639.763 5015.582 566 "PR -1" 2.390.002 0.000 Rt. 4640.843 5396.122 568 "PR -1" 2.409.998 0.000 Rt. 4640.767 5416.118 = See 'Location Control Route Su vey Plat' SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat' recorded as Instrument No. 200000059060 in the Office of the Recorder of Hamilton County, Indiana, (incorporated herein and made a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12). Farrar, Carvey & Associates, LLC 8925 N. Meridian • Indianapolis, IN 46260 (3171644-6900 * FAX (3171844-9158 J n M. Garvey Reg. Land Surveyor No. S0148 State of Indiana 11-02-01 Date 0%0itrru000 `. ,; •'G15 TER •• 'i No. 50148 i t.STATE OF A- Re' -'d 336.884"A" 29.059 +342.862 /40 rn +Ex.R/W (343.104) „Ex.R/W (19.660 EXHIBIT A 62121 ISE Temp. R/W for Building Removal Sharry D. +345-5 STR. Nk? 94 -313.083"At' 22.860 J; +PL 369.385 40 m Inlet B-151& 20.4 m of 300 mm Pipe Req'd. INN MO —tirRemove- — 7 V Exist. louse / 2 -Story Froriv\( love IA Surface Inlet ' .+344.782 • 10.2 m ;343.254"A" 8.534 ' •- .33 cc, SEC. 36, T1811/4 CLAY TOWNS HAMILTON CO Richard N. +PL 369.627) R/W(19.660) Y.; AJ ly -4" ▪ s SIIMM;11•1 tar 0 to, CO rei cNI ------, in re) , ) ..... ....__ tc. •.. 3. -..-;:c -....4.. -:.... ....„.„4-7 :. • .777"A" A • . . .r. i r • . ....% 1 w8.534 ..t..2.4.4,0,..,....4,..."..2.0-Ja... .... MB MR San Constr. Limits ) tGrcss; VC. 124/110- 41 5 +369.824"A" 1.617 &is cm. lektrci ' =a -aim ima COnstr. Limits 3 - ra +370 74 - ‘Zi‘ 12/11111121t '4$01 EXHIBIT B 4 PHOTOGRAPHS Facing North Towards Permanent R/W Being Acquired from E. 116th Street Facing Noro in=Th q5' ac Facing Northeast Towards Subject's Larger Parcel from East 116th Street & Rosemeade Drive