HomeMy WebLinkAboutBarbour/116th/Medical Dr.?nokornerc? 4#'zada oooyy oast
APPROVED AS TO FORM By
This Grant of Right of Entry and Agreement to Convey Real Estate ("W,Ort of Entry'has
been executed this jEL day of og?[ L , t , 2003, by John R Barbour C Grantor") and the
City of Carmel, Indiana ("Grantee").
PY,MA.TS
WHEREAS, Grantor is the owner of real estate improved with a privatt: roadway
commonly lmown and refeared to as Century Drive (the "Grantor Parcel") locatt.d in the City of
Carmel, Hamilton County, Indiana and situated north of Ile Street and south rf. Medical Drive;
and
VI MMAS, the legal description of the Grantor Parcel is as follows:
PART OF nm SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 18 NORTH, RANGE 4 EAST, IN CLAY
TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE FULLY
DESCRIBED AS FOLLOWS.
Cotmnencing on the South line of the Southwest Quarter of Sea ion
31, Township 18 North, Range 4 East at a point 1972.83 feet N. atb
89 degrees 50 minutes 15 seconds East (assumed b?earing) from,
North 00 the
Southwest corner of said Southwest Quarter, p
degrees 09 minutes .45 seconds West 45.00 fed to the north dgt t of
way of 116" Street and the PLACE OF BEGINNING of this
description:
TheoccNorth 00 degrees 09 minutes 45 seconds West 69.00 Pint;
Thence North 27 degrees 50 minutes 15 seconds East 142.00 f6 A;
ThemceNoah 00 degrees 09'imnutes•45 seconds West 239.00 fret;
Thence North 28 degrees 09 minutes 45 seconds West 155.00 fi'et;
Thence North 28 degrees 29 minutes 00 seconds Fast 46.35 fee ;
Thence South 61 degrees 40 minutes 00 seconds East 45.00 fee
Thence South 28 degrees 20 minutes 00 seconds West 34.17 feet;
Thence South 28 degrees 09 minutes 45 seconds Fast 132.93 feat;
Thence South 00 degrees 09 minutes 45 seconds East 256.45 feet;
Thence South 27 degrces50 minutes 15 seconds West 120.70 fi:et;.
Thence South 00 degrees 09 minutes 45 seconds East 79.08 fe ci
to the north right of way of 116" Street; Thence. South, 89 degrees
50 minutes 15 seconds West albre said north right of way 45.00 feet
to the PLACE OF BEGINNING.
CONTAINING 0.5383 ACRES, MORE OR LESS:
The intention of the foregoing legal description is to describe a
private access drive easement area described in Easement Book •?,
Pages 308 - 311, in the Office of Recorder of Hamilton County,
Indiana 'and which is a part of the parcel described in Deed Boot
6338, Pg. 210, in the office of Recorder of Hamilton County,
Indiana.
WHEREAS, Grantee desires to improve and extend Grantee's sanitary -gwer system and
needs the Grantor Parcel to install 'a below-ground sanitary sewer line that will. run generally
througb the Grantor parcel from Medical Drive to I le Street (the "Project"); and
VVIIEREAS. Grantor desires to transfer title to the Grantor Parcel to G rantm in exchange
for acceptance by Grantee's Board of Public Works and Safety (the "Board") ol. Century Drive as
a public, open roadway; and
WHEREAS, Grantee has determined that improvements ("Impravemer is"), including but
not.l,ited to repairs and enhancements to the storm water drainage system witidn the Grantor .
Parcel, need to be made to Century Drive in order to meet .minimum standards ; TPhcable to
roadways as promulgated by the Board, and
WHEREAS, Grantee desires to aecept.title to the Grantor Parcel and t. P make the
Improvements solely at Grantee's cost; and
WUMEAS, on February 5, 2003 the Board approved the dedication oXentury Drive as
a public, open i badway, and agreed to maintain Century Drive as a,public. opcr roadway during
Grantee's ownership thereof and
WHEREAS, Grantee desires accoss to the Grantor Project to begin tht• Project and
nantor is willing to grant such access to Grantee pursuant to the terms and ea editions hereinafter
set forth.
NOW TMIMFORE,.in cousideration of the sum of Tea Dollars ($10 00? the foregoing
Recitals, all ofwhich are incorporated heroin 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. GGmI. Grantor hereby grants and provides to Grantee, its agent:', contractors,
subcontractors and employees the ftbt to use the Grantor Parcel for any lawful purpose related
to the Project including, but not limited. to, surveying, testing, moving dirt . or ge ound, removal of
dirt or ground, landscaping, excavation, construction of a sanitary sewer line, aiud.any other lawful
purpose in connection with the Project
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2. . Access. Grantee shall keep access to businesses located on Cea1.cry Drive open to .
vehicular traffic during normal busi.nesa hours (7:00 a.m to 6:00 p-m-). Grants:: acknowledges
than portions of Ceaany Dive (e.g., all or part of one lane of traffic) may be closed for temporary
periods of time, but Grantor shall nevertheless contimie to provide such access.
3. Tgngination This Right of Entry sba4 terminate upon the recor• lation of a generd
warranty deed for the Grantor Parcel froth Grantor to Grantee. Grantor and Grintee are aware of
the existence of a uuirtgage lien upon the Grantor Parcel in favor of Bank One.. Such mortgage
lien is not a Permitted Exception (as hereinafter defined). Grantor, shall, at Grantor's sole
expense, use reasonable efforts to obtain a release of such mortgage lien as sucl lien relates to the
Grantor Parcel. If Grantor is unable.to obtain such release, Grantor may termic ito this Right of
Entry, in which event Grantee shall return the Grantor Parcel to Grantor in sub urnialiy the
condition that existed prior to Grantee's entry upon the Grantor Parcel fnr the purposes herein
stated. Grantee may terminate this Right of Entryin the manner described in Section 6 hereof for
Grantor's failure to convey title to Grantee in the mariner herein required.
4. Exmgign andDeliverv of Dad. Grantor shall convey the Grantor Parcel to
Grantee by.general warranty deed subject only to the lien for real property taxes; hot delinquent,
and such matters set forth and described herein on EKWklt? attached hereto and incorporated
harem (the "Permitted Exceptions-).
5. may. Grantor, by executing below, hereby warrants that Grantor is the lawful
owner of the Grantor Parcel and that there is no encumbrance, restriction, ease nent or other
matter of record affecting the Grantor Parcel (other than Permitted Exceptions) or any matter .
that would prevent Grantor from providing this ""Right of Entry" and such deed to Grantee for the
Project and the purposes herein stated.
...6. Title Insurance and Sunm Expense: Upon execution and delivery of this Right of
Entry by and between the parties, Grantee sball order a survey of the Grantor P;ucel and a
commitment for an owner's policy of title insurance from First. American Title I i w-mce Company
which commitment shall show that fee simple tide to the Grantor Parcel exists iii Grantor, subject
only to the Permitted Exceptions and such additional matters of record that do - utt, is Grantee's
judgment, make tide to the Grantor Parcel unmarketable. The cost and expensc of the survey and
such commitment and owner's policy shall be borne by Grantee. If such title commitment of
survey shall contain matters not set forth on ExM-q and such matters in Gra nee's judgment
make title to the Grantor Parcel urr, umbutablc, Grantor, upon request of Graau o shall use
reasonable, efforts to remove or correct such metiers to Grantee's reasonable sa:isfaction, and if
Grantor is unable to so remove or cottscr such matters, this Right ofE.atry ma: 3, at Grantee's
option, be terminated by Grantee, or such matters may be waived in writing by Grantee. At the
time of delivery of the deed fiam Grantor to Grantee as provided in Section 4 above, Grantee
shall, at Grantee's sole expense, provide Grantor with a copy of a.survey of the Csrantor Panel
and the Grantor's adjacent property.
7. Notices. Any and all notices, demands, requests. submissions, all provals, consents,
or other communications or documents required to be giver, delivered or serv4or which may be
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given, delivered or saved under or by the terms and provisions of this Right of • n* or pursuant
to law or othmwise, shall be is writing and shall be deemed to have been duly given, delivered or
served if and when sem by certified mail, return receipt request4 first-class po: tage prepaid
thereon and deposited with any regularly main W=d UtdtW States Postal Servi'.e facility and
addressed, if to the Grantor, to Grantor at:
20 z8' C. to?`??,
Attn:. John R. Barbour
Phone: (317)
Fatc (317) S?c?-?t?rc
with a copy to:
Tabbert Hahn Earnest dr weddle, LLP
Suite 1900, One Indiana Square
Indianapolis, Indiana 46204-2032
Attn: Joseph Hammes, Esq.
Phone: (317) 639-5444 .
Fax (317) 639-5232
or to such otter address as Grantor may from time to time destg?ate by written notice to Grantee,
or ifto Grantee, addressed.to Grantee at:
City of Cattnd Water Wastewater Utilities
One Civic Square
Carmel, Indiana 46033
Attn: John Duffy
Phone: (311) 571-2443
Far (317) 571-2462
with a copy to:
Hall, Render, Killian, Heath & Lyman, P.S_C.
Suite 2000, Box 92064
One American Square
Indianapolis, Indiana 46282
Phone: (317) 633-4824
Fax: (317) 633-4972
Arm: Robert A. Flicks, Esq-
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or to such address m may be designated by CTantee$om time to firm The dar o of maih'ng shall
be deemed to be the date of such service.
g_ Governing i The laws of the State of Indiana "govern tl•is Rigbt of Entry.
9, ors and Adsierrs Baccept as hereinlimited, this Right of: 'snttyshall be
binding upon and inure to the. benefit of the parties hereto and their respective successors and
assigns.
10. F rt+an ' Ca== =. This Right of Entry may be executo'. in separate
counterparts, each of which when so executed shall be an original, but all of such counterparts
shall together constitute but one and the same instri;mcnt.
IN WITNESS WHEREOF, the pasties have executed thiss I U& ofEntrw as of the date
first above written.
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
By:
Printed: Y4 Q12
/LF =---
Tiller . ? 4 Fmk
Before ,?me, a Notary . Public in and for said County and State; personally appeared
?„?,. !bf}rhouQ , the* of
.who acknowledged the execution of the foregoing
Right of Emry and who having been duly sworn acknowledged that any reprM.w.ations set forth
therein are true and correct.
Witness my hand and Notary Seal ibis. 7kh day of &"1-96 2003.
My Commission Expires:
Notary-Public
Printed
-s-
Title: D w DER"
STATE OF INDIANA ) .
SS:
COUNTY OF HAMILTON )
Before me, Notary Public in and for said C County -and State; persomllY appeared
the of the C ityr of Cannel,
who admowledSed the eeutioa of the foregoing of Entry and who hmtg been duly
swam acknowledged that any representations. set forth therein are true and correct.
Witness my band and Notary Seal this _Y4 day of ? 9k / 2003.
my Commission Expires:
cou?y of Resi ente:
t/A.v, ll ?o.?
Notary Public
Printed
This msu mmi was prepared by Robert A. Flicks, Attorney at Law, Hall, Rend cr. $iDian, Heath
& Lyman, P.S.C., One American Squam Suite 2000, Box 52064, Indianapolis, IN.46282.
,
After recording, return to: Robert A. Tricks, Hall, _gender, Killian, Heath &Ly man, P.S.C., One
IN 46282.
American Square, Suite 2000, Box 82064, Indianapolis,
t%M-2BAR
E aurr A
PERM TrrEn EXCEPTIONS
J.,
9
Office of the
Clerk-Treasurer
July 27, 2004,
City of Carmel
Roy Rice, CPA
Summerset Financial Services
3925 River Crossing Parkway, Third Floor
Indianapolis, Indiana 46240-0368
Dear Mr. Rice:
Enclosed please find Form 8283 for Dr. John R. and Gloria Barbour which was executed
by me on this date. Dr. Barbour asked that I forward an original of this document to you.
If you have any questions, please do not hesitate to call (571-2414).
Sin jcerelyy,
Diana L. Cordray
Carmel Clerk Treasurer
CC: Dr. John Barbour
ONECIVICSQUARE CARMEL, INDIANA 46032 3171571.2414
Form 8283 (Rev. 10.85)
Name(s) shown on your Income tax return
I R. & GLORIA J. BARBOUR
8 - Appraisal Summary • List In this section only items (or groups of similar items) for which you claimed a deduction of more
than $5,000 per item or group. Exception. Reportcontributions of certain Publicly traded securities only In Section A.
have
the Nate In Part I below.
Identifying number
7-42-
4 Check type of proP6rty:
0 Stamp collections
0 Art- (contribution of 520,000 of more) ® Real Estate 0 Gems/Jewelry
Aria (contribution of less than $20,000) 0 Coin Collections 0 Books 0 Other
eArt includes paln0n7s, sculptures' watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare manuscripts.
historical memoratil a, and other slndlar ob)ecte.
Note: If your fatal art contribution deduction was $20,000 or more, you must attach a compAleyte copy of they signed 81"P??• Sea instructions.
S (a) Description of donated property (it you need (b) If the overall phPys(cav conon to at the tlmbe?of the pmry of (c)Appral old Uair
more space, attach a separate statement) , k ii _ n n n _
3448 SF LAND 2028 E 106TH ST tuvu 1 At r.aaLn1.1
B ARMEL INDIANA
C
D See Instructions
it)oats acquired
?ydonor(rho..yr.)
(a)How acquired
by donor (p Donets cost or
s
adjusted oast Igl For bargain sales,
anteramounI received
F ) Amount claimed ass
deduction
(I) Aversua trading price
ofsecu(Wes
160 000.
A 01/84 PURCHASE 22 980.
B
C
i,,, nr ism nr i ntt Sae instructions.
MytTaxpayer Donor Statement •List each Item Included in Part I a v
I declare that the following Ram(s) included in Part I above has to the best of my knowledge and beget an appraised value of not more than 5500 (Der item). Enter
identifying loner from Part I and describe the specific hem. See Instructions. D Date D
•11.1 1,.::.........._.._._ __.__. .r,,...e .-. ?. _.-.._.
en in which the donor adgdind Me PmPedr. =. I or for Cover penone,
I dedw cut I em not in$ Donor. Me donee, a Party b tiro vemetla
who n jointed to erry of ma bragolrq groom. And, If raguteM `°ed by the donor, dome. W Perry to M benaaedon, prbm rd the rtepdb of cry WPM"' donne my tat rear
Also, I dedm mat I hold mynah out m Me Ptmeo Y an appwwr or PWI&M aypraiads On • rplxar bwh; end tort beau.. or rtry poetic vtlune Furtnernn*Rk I LL We O riot a tdw r hauduunt
ePpmhete or the type at Property ttam9 VD, . I Certify Nat appweet ma rin anot Iusad on • y MW S 1. or Nneu pmfsW Me pensi Prb°?r Wilon 6707 W Uldu,e u,d ab.tung the undentalmment
W"Wentent of in* Froperry'wue n in tlu 9uagf4 eed appref W or aria ppreieN mmury nuY ledt
of tax Itobilityt. I efAnn dot I hwa not frarP4teaantlnowlWeogo r teagmony by the Director of PrWU" / / .
Sign
Here elgnabm
rase addrese (11"W110 mom or eLLim no.)
47 N MERIDIAN Sr.
W mwn, tau, and ZIP code
T`%TPi AP0T.IS. IN
Deuofappuiaw D
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that R received the donated
property as described In Section 8, Part 1, above on ? 06/30/03
?a Furthermore , this organization affirms that In the event It sells, exchanges, or otherwise disposes of the property described In Section 8. Part I
(or any portion thereof) vdthln.2 years attar the date of racelpt, it will nle Form 8282, Donee Information Return, with the IRS.and give the
donor a copy of that forth. This acknowledgment does not represent agreement with the claimed fair market value. 0- 0 Yes
...........................
Does the oryanhallon intend rouse the property loran unrelated use? ...... ............... ..................... . :..........
...... emntdvar Identification number
Address (number, street, and room or suite no.)
C
signature
City or town, state, and ZIP code
Title
Date
[] No
3711011 06-01-07