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HomeMy WebLinkAboutRoad Work/Cool Creek N. 12,13,14 AGREEMENT WITH .RESPECT TO ROAD'WORK THIS AGREEMENT iEXECUTED as of this 6/~day of:Novcmba-r, by and among Joseph S. Dawson (Dawson) THE CITY OF CARMEL .~. ' ~ i, agting by and through its Board of Public Works (City) OF COMMISSIONERS'OF HAMILTON COUNTY (Commissioners) 1978, INDIANA, and the BOARD WITNESSETH WHEREAS, DawsOn is the legal or equitable owner of the real estate in Hamilton County, Indiana, described in Exhibit A which is attached hereto, made a part hereof and WHEREAS, .Dawson.desires to develop the Re'al Estate as a residential subdivision, and in connection ~herewith, has petitioned to have the Real Estate annexed to the City of Carmel, and WHEREAS] the Real Estate is bounded on the west by Carey Road (the road) which is a part of the county highway system maintained by the Commissioners, and WHEREAS, Dawson, the City and the CommissionerS desire to provide for the improvement of the Road in connection with the de.velopment of the Real Estate. NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, Dawson, the City and the Commissioners agree as follows: 1. THE R'OAD · ~-(a)Dawson-~sball, on o~ befor~ the ~rl~er of (i) tbe.d~te it commences development of residential lots abutting tbe Road or (ii) December 31, 1980 (The Commencement Date), pay the cost of or cause to be accomplished the (A) grade base of said road to include widening and cutting drainage ditches, to a total-of 22 feet, l0 feet west of an8 12 feet east of the centerline of the road. (b) install and compact a 9" aggregate base course. (b) The Future Developer of land abutting tt~e west side of the road, shall pay the cost of or cause to a) widening to a total of 2% foot width of road and b) the installation of a one inc~ (1") s~- : 'ce of asphalt upon the entire 24' width of the Road, and further shall pay or cause to be accomplished on the west side of the Road the adding of shoulders, amd cutting of drainage ditches. (c) Tl~e Commissioners shall., on or before the Com~enc~e:~t Dat~, ~ay ti~e ces~of~o,y~ ca~se to be accomplished the installation of a t}lree inch 3") bii~der aspllalt course of pavement (d} All work required to be done by Dawson, Commissioners and Future Developer pursuant to this Agreement shall be done in' acoordance with the specifications for construction of Hamilton County secondary roads in effect on the date of this Agreement, (e) At. such time as Dawson and the Commissioners have completed all work' on the Road required by this Agreement, the City shai1 accept' the Road for maintenance by the City. 2..Miscellaneous. (a) All references in this Agreement to the Road is to Such portions thereof as abut the Real Estate, and also to portion which abuts the Maple Acres S~bdivision. only that shall be hereto. (b) This Agreement shall inure to the benefit of and binding upon the successors and assigns of the parties t,~e ATTEST: IN WITNESS WHEREOF, this Agreement has been executed date first written above. as of Joseph S. Dawson Barbara J. Jenni~gs, Auditor and Secretary THE CITY OF CAR?'IEL, ~I'!DIANA acting by and through its Board Public Works of AT'IE I'~EIqBER 'South 00°42'24" East on and along the West line of said Qua'fret Section a distance of lOOg.12g feet to the point of beqinning of this description; thence North 89° 19'54" Cast a distance Qf 1461.233 feet; thence North 77°14'5/'' Cast a distance t~f 210.f~55 feet; thence Sduth 05°34'30'' West a diqtance of 125.000 feet; thence Soutll 00°40'06'' Fast a distarlce of 600.Q00 feet; timnce South 89"19'54" West a distance of 140.000 feet; iht:race ~lorth N0"40'06" West a distance of 20.000 feet; thence South 89°19'54" West a distance of 191.696 fPet tn a point.on the l,'est line 'of the East Half of the Sout. hwesL Quarter of .said Section 20;' ti~ence North ClO© ?il'l? Wusi on and along the West line of said H, alf-Ouarter Section a distance Of. )330..122 feet; 'thence South 89~'10'54'' West a distance of 1321.796 feet to a point on ~.the West :lirJe of the Sout'h~est Quarter of said Section ~0: thence North 00°a2)24'' );:e.~I em and along the said West line thereof a distance el 330.000 feet to the point .pf'hegin,,ir!g, containing in all 15.217 acres, subject, h()wever, to all-legal high- . :.,ays, rights-of-way and easements of record. This subdivision consists of 35 lots, nurnbered from 116 to 150, both inclu- .qive, and streets as shown herenn. Thc, size Of lots and widths of rights-of-way ~are s)mwn on this plat in figures denoting feet and t~cimal .parts thereof. Con~nenci~ng at the Northwest corner of said Southwest Quarter Section; the'rice South. 00'42'24'' East on and along the West line of said Quarter Section a distance .of 1339.129 feet to the point of beginning of this description; thence North 89° 19'54" East a-distance of 1321.796 fee't to a poi.hr on the Cast line of the West' Half of the Southwest Quarter of said Section 20; the'nce South 00°41'15'' East on and along the East line of said Half-Quarter Section a dis'tance of 670.118 feet; thence Norlth 89055'13'' West a'distance of 1321.696 feet to a point on the West , line ,of the Southwest Quarter of said Section 20; thence North 00°42'24.' West on and along the said West line thereof a distance of 652.~63 feet to the point of beginning, containing in all 20.071 acres, subject, however, to all legal highs ways, rights-.of-way and easen~znts of record. This s~bdivision consists, of 41 lots, numbered from 151 to 191, both inclu- sive, and streets as shov)n herebn. The size of lots and widths uf righls-gf-way 'are shown on this plat in figures denoting feet and decimal parts thereof. O00L C,eEEK A/OR-IH ~£c, 1,~_ .......................... . Commencing at the Northwest corner of said Southwest Quarter Section; thence Sou~h 0[Y'42'2~" East on and along the ',.~est line of said Quarter Section a distance of a92.~20 feet to Lb(. point of beginning of this description; thence South ~9~'59'2~'' Fast and f~araliei with the North line of s'aid Quarter Section a distance (~f'~92.233 f~ct; l~'~,,'e So~th 00~'t, 0'06'' Cast a distance of 180.881 feet; thence o o ,~,," ' ~ ,eot., th~!nce tiorth 83"46'~5" East a t:orth ,,9 19 }, Ez, st a d~sta/,ce Of ?.~I.[Y.;(, ~ ' distance of 1~.85~ f,.et~ ti~'nce South ,~,~ ~Z'03" Fast a distance of 3q..~ 3 feet; thence S~h 67°?E~'~1'' Fast a d st;rice of 261.87F, f~et; thence South 05°3:'3Q' · West a d~s,a~ce' ' ' of 176.()33 feet; thence S~uth 77°1a'57'' !,,..,t~ a dis'tahoe of ?lO.P. 55 w.st a distance of 1461.233 feet to a point on the feet; thence South 8719'54 .... West line.of the Southwest Quarter of said Section 20; thence North 00°42'24'' on and along the.said West line thereof a distaoce of' 516.709 feet to the point,of beginning containing in all 14.410 acres, subject, however, to all. legal highwayS, Fights-of-way and easements of record. lhis su!',,Jivision consists of 30 lots, numbered from 192 to 219, bntn inclu- sive. and lc>is 2~b and 287 and sire. ets as shnwn hereon. The size of lots and Widti~s of riUhts-of-waY are shown on this plat in figures denot.ing feet and ,,"'u i~,,al uarLs [he'eof. - . .....