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HomeMy WebLinkAbout310755 04/26/17 ��''''• CITY OF CARMEL, INDIANA VENDOR: 371643 i ONE CIVIC SQUARE DONN WRAY & LORI KLEIN CHECK AMOUNT: S""""10.00' CARMEL, INDIANA 46032 13555 N NORTH GRAY ROAD CHECK NUMBER: 310755 CARMEL IN 46033 CHECK DATE: 04/26/17 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4239099 10.00 OTHER MISCELLANOUS \ § ) 3 k / k c w # 2 a 2 0 n i © 0 S 2 m _ 2 \ } 0 q f % m / 0 2 / z � / O o e / m m O 2 # - \ / =3 = m {§ CD > z / § cm0 / , o m E n _ m CD ° to q z 2 oz < > -n O O | \ / m z � ® S. Ji g 9 - 2 > k o g k ) E k A 0 i E F CD , e 2 - / A § 3 k o 2 $ f F § c 2 E 2 7 § } o $ f E _ § CD - § > % 3 8 7 \ 0 E k \ 2 k C � � k CL ƒ < / to ; ( 0 E � E ¥ 2 3 § [ - # ƒ 7 m Q cL c - Ii k -0CD o ;$ © M cL {$ i D \ 0 \ 0 t § k -nz @ CD /} C) § ƒ \ \ _ © a f 0 > ) ; $ f } § %� |C) OL = % / \ U 22 $0. « = > {ƒ mCD \ §� , �o f 77 k k > + rL CD 0 CL 2 ƒ \ 0 / 0 M 0 £ 7 - (w2 % ] i { # c # / / cn G Eo E $ B k E k 2 cl \ _� B aL CD ] § k \ z , \ \ N \ _ % \ 2 \ } § 8 ¥ \ 22c7a - x(23Ci coot `� Project: 16-ENG-54 Parcel: 3 RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY AGREEMENT has been executed this day of td�H 2011 by Donn H. Wray and Lori L.Klein,as Joint Tenants with Rights of Survivorship(the"Grantors'),to and for the benefit of the City of Carmel,Indiana,("Grantee"). RECITALS WHEREAS,Grantors are the owners of certain real estate(the"Grantors'Parcel")located in the City of Carmel, Hamilton County, Indiana, which Grantors' Parcel is more particularly described in attached Exhibit 1 attached hereto and incorporated herein;and WHEREAS,Grantee has undertaken a public project to construct a roundabout at the intersection of 136`h Street and Gray Road in Carmel,Clay Township,Hamilton County, Indiana(the"Project");and WHEREAS, due to the construction of the Project, Grantee requires access to a portion of the Grantors Parcel in or near the area shown on Exhibit C (the "Accessible Portion") attached hereto and incorporated herein to complete the work described on Exhibit C(the"Additional Work"); and WHEREAS, Grantors desire to grant right of entry subject to the terms of this Agreement to allow Grantee to complete the Project and the Additional Work. 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. Access to Accessible Portion and Completion of Additional Work. Grantors hereby grant to Grantee and its employees, agents, contractors and sub-contractors, the right to enter upon the Accessible Portion and the right to use the Accessible Portion to complete the Project and the Additional Work as described on Exhibit C. Grantee shall not cause damage to the Grantors' Parcel, including,but not limited to the Accessible Portion, except the normal and reasonable construction disturbance associated with the Additional Work, and upon completion of the Additional Work, shall promptly return the Grantors' Parcel, including that Accessible Portion,to a condition that is substantially the same as its condition prior to the grant of this Right of Entry,subject to the relocation of the asphalt driveway provided below. Notwithstanding any other provision herein to the contrary,Grantee shall regrade,reseed and restore all disturbed areas within the Accessible Portion so as to reestablish lawn area in a condition consistent with its condition prior to the Additional Work and shall also establish a lawn area of consistent quality in the area presently occupied by the portion of the existing driveway which is to be removed. Grantee shall,at its sole cost and expense,relocate the existing paved asphalt driveway to the location shown on Exhibit C. Upon completion of the Additional Work, (i)Grantee shall have no further obligation or duty with respect to the Additional Work;and(ii)Grantors shall be responsible for the maintenance,repair and replacement of the Additional Work. 2. Term. This Right of Entry shall be irrevocable until the completion of the Additional Work,but in no event beyond December 31, 2017, subject to extension for force majeure and other circumstances beyond Grantee's reasonable control. 3. Representation of Ownership. Grantors,by executing below,hereby represent that Grantors are the lawful owners of the Grantors' Parcel,that all approvals from Grantors and any other party with a right or interest in the Grantors' Parcel(including but not limited to mortgagees,landlords or tenants)have been obtained and that there is no encumbrance,restriction,agreement or other circumstance which would prohibit Grantors from performing its obligations hereunder. 4. Notices. All notices to be given hereunder by either party shall be in writing and for purposes of this Right of Entry shall be either personally delivered as shown by written acknowledgement of receipt for same or sent by certified or registered mail or by a national package express service promising overnight delivery addressed to Grantors at the address following Grantors'signature and to Grantee at One Civic Square,Carmel,Indiana,46032,Attention:City Engineer(with a copy of any notice to Grantors also being provided to Corporation Counsel,One Civic Square,Carmel,Indiana,46032)or to such other person or address as may be designated by either Grantors or Grantee by notice in writing. Notice shall be deemed given and received when personally delivered or on the third(3rd) business day after deposited in the U.S.mail or on the business day after deposited with an overnight package delivery company. 5. Severability. If any one or more of the provisions contained in this Right of Entry shall be held invalid,illegal,or unenforceable,this Right of Entry shall be construed to give effectto the balance of its terms. 6. Scope of this Right of EntryAgreement. This Right of Entry Agreement pertains solely to its subject matter and in entering into this Agreement Grantors waive all rights to any claim for damage,removal of plant growth,diminution of value resulting from reconfiguration of existing improvements,or any other claim(excepting claims that otherwise arise from Grantee's entry upon the Accessible Portion pursuant to this Agreement). Grantor acknowledges that Grantor and Grantee are entering into this Agreement in lieu of Grantee exercising its rights under Indiana Code 32-24-1-1 et sq (the "Condemnation Act"). 7. Binding Effect;Applicable Law. All rights and obligations hereunder shall be binding upon and inure to the benefit of Grantors and Grantee, their respective permitted successors, assigns and legal representatives. This Right of Entry is executed under and shall be construed in accordance with the laws of the State of Indiana and there are no promises or agreements between the parties hereto other than those contained or referred to herein. 8. Indemnification. Grantee shall indemnify,defend and save Grantor harmless from(a)any breach of this Right of Entry by Grantee,and(b)any and all liability,loss,damage,cost,obligation and expense which arises out of or results from any actual or alleged 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 Accessible Portion or Grantor's Parcel whether #83646_3 [Form as of August 4,2016] 2 in the exercise of Grantee's rights hereunder or in breach or excess thereof,or otherwise.Grantor shall indemnify,defend and save Grantee harmless from any breach of this Right of Entry by Grantor. 9. Insurance. Prior to taking physical possession of the of the Accessible Portion,Grantee shall provide to Grantor evidence of the existence of general commercial public liability insurance,reflecting either Grantee or its project contractor, as insureds, and Grantor, as an additional insured, in any such circumstance providing insurance for the benefit of Grantor (among others) with respect to all activities to be undertaken pursuant to this Right of Entry,with limits of not less than Two Million Dollars ($2,000,000) per person, and Five Million Dollars ($5,000,000) per occurrence. Such insurance shall be written by an insurance company licensed to do business in the State of Indiana,and shall not be cancellable upon less than thirty(30)days prior written notice to Grantor. 10. Attorneys' Fees. If Grantee brings any action to enforce this Right of Entry Agreement, or for damages for any alleged breach hereof,and Grantee is the prevailing party in any such action,Grantee shall be entitled to reasonable attorneys'fees and costs as awarded by the court in addition to all other recovery,damages and costs. IN WITNESS WHEREOF,Grantors have executed and delivers this instrument as of the day and year first above written. GRANTORS: By: Donn H. Wray By: Lori L. Klein Address: Phone:—Z,/7 Email: XjJ r478, -PAA-!•Rr. Coa.% #100479_3 #83646_3 [Form as of August 4,2016] 3 EXHIBIT 1 ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF CARMEL, COUNTY OF HAMILTON,STATE OF INDIANA,BEING KNOWN AND DESIGNATED AS FOLLOWS: LOT I IN BRIARWOOD SECTION 2 A SUBDIVISION IN HAMIL TON COUNTY INDIANA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 6,PAGE 65 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY INDIANA. Tax ID: 29-10-28-000-001.000-018 #83646_3 [Form as of August 4,20161 4 EXHIBIT „C„ SHEET 10F1 RIGHT OF ENTRY 40 20 0 Prepared for the City of Cam*l,Indraana By DLZ Indiana,LLC(Job No,1663-1153-90) 1 a 40' Section Line ohe ®f7 9 9 i 105+0 2645.6 ' 20' DRAINAGE SE T � 104+20.00 1 -'PR-A-2' . \ \� 81.97' 102+90.00 I I 'PR—A-2' I 66.73' 102+95.00 + 'PR—A-2' � � I 86.00' \) I I 1 \t 104+74.00 PR—A-2' DRIVE CONSTRUCTION 1 1 144.00 ( WORK COVERED BY RIGHT—OF—ENTRY 104+40.00 TAKE PLACE IN OR NEAR THIS AREAo 'PR—A-2' ) I ) 29-10-28-000-001.001-010 (0.123 ACRES) 159.00' I I I I rn 4d LOT' I I DONN H. WR AYLIEN do I I Z INST 820080'6305 ) I I� z a 0 PARCEL 3 Owners:Donn H.Wray and Lori L.Klein DRAWN BY: CAD PROJECT: 16-ENG-54 CHECKED BY: ROAD: Gray Road 6136th Street COUNTY: Hamilton DLZ SECTION: 29 TOWNSHIP: 18N ENCUMBERS KEY NO. 29-10-28-000.001.001.010 INDIANA,LLC RANGE: 4E HATCHED AREA IS THE APPROXIMATE 157 EAST MARYLAND STREET RIGHT OF ENTRY INDIANAPOLIS,INDMA46204 317 633.4120