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Home My WebLink AboutHaston/116th/Range Line to College Ave.APPROVAL AND-AUTIIORIZATION APPROVED AS TO FORIA . WL EREAS,,Sharry,D:-Haston has executed, the. foregoing Agreement to;Retain arid, Remove Building (` Agreemenf')?related to Parcel 37 on Project STP-B886, 116 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,,THEREFOI , 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 f ndiana,, 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,1ND? ANA By and through its Board of Public Works;aad Safety BY Date: Lori' Date: T ATT1rS Sandra RI. aobnw% ,- n putvClerktor I M CCordray, r reasurer Dat This initrument prepared by Douglas C. Haney, Aitorney:at,Law, One Civic Square, Camel Indiana 46032. ?m:mnaaxn`aim?m? ea ?t?'?' e?3w'+a?9vn?awe mewn.?e.? iemuaesm.eo.v#?pw.i.n?¢'i4wj PROJECT: STP-B886 PARCEL: 37 COUNTY: Hamilton G AGREEMENT TO RETAIN AND REMOVE A BUILDIN THIS AGREEMENT, made this/'eday of 2004, by and between the City of Carmel, acting by and through its Board of Public rks and Safety, hereinafter sometimes referred to as "CITY" and Sham 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 EXIIIBIT "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. 11: If OWNER refuses or" neglects=, to 'perform !any other stated duties under the terms of this Agreement; then the tehris of. paragraph 10 shall govern such„breaebof this,Agreement. ;12. OWNER understands and agrees to. assume °and does hereby assume all, liability for injuries to persons,or property, while rernoving;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 peiinits 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 signati res;to be affixed by the appropriate official(s) orperson(s) on the date first written above in the City of Carrneli State. of-Indiana. OWNER:, S ry O. on CITY. /, &f Ccv',Me,J PJ?` Printed Name Title STATE.OF } COUNTY OF [Nih ia,i? - NOTARY S' CERTIFICATE. Before:,me, the undersigned, a Notary }?oblic in. and for said County and State, personally" appeared SharrV D. Haston being first duly swofn by"me: upon her oath, states that the terms. and-,conditions in the foregoing Agreement are true. Signed and sealed thisday of 2004. ."? Notary Public 4A Printed Name. . t+.4F'` ' _ ANGEL'WBRQMSTAUP WMNCOUNrY Iv1y Commission Expires:] o? 00?a 'MV,COMmv isRzoa Ire9 County of;Residence NOTARY'S CERTIFICATE STATE OF . a?w(eu? ) COUNTY OF 7v4 Sefdre me, the undefsigned, a. Notary Public in• and .for said County and State, peiisonaily appeared ?A.?+?S 0E'* Al J/ being ;fiisi dilly, sworn by me upon n.?ief oaths states that the terms and conditions in:tbe foregoing.Agreement are true. . Air- Signed and sealed this.' 79 .today of ? n L 2004. Notary Public f? Priinied'Name e?r?y v ?? ??? My Commission.Ezpiresi County of Residence: o24, Zo// v4w?-e? EXH[Brr "All 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 East 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. +Z.?w o?steq•ti r.1 8 `a? Garvey, Indiana Registered Land Surveyor, License No. S0148, on the 2' day of November, 2001. i S0I4 i .?o' This description was written from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. EXMrF "All Project: STP-B886( ) Parcel: 37A Sheet 1 of 1 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 of 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 East 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. ,?srcgeQ,yF? Garvey, Indiana Registered Land Surveyor, License No. S0148, on the 2°" day of November, 2001. r, i No: S0148 ? ?! This description was written from information obtained from the 7 recorder's office and other sources which were not necessarily checked by a field survey. EXHIBIT .°B" SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT _ PREPARED FOR THE CITY OF CARMEL PARCEL: 37 OWNER: HASTON, SHARRY D. PROJECT: STP-6886( ) DES. NO.: 9785910 & 9785911 ROAD: 116th STREET INSTRUMENT NO., 9126673 DATED: B-30-91 DRAWN BY: C.J. HOGSTON,10-28-01 COUNTY: HAMILTON INSTRUMENT NO. 9341215 DATED: 7-23-93 CHECKED BY: J.R. RITTER,10-31-01 SECTION: 36 TOWNSHIP: 18 N. ® Hatched area is the approximate taking. RANGE: 3 E. Dimensions shown below are from the above listed record documents. 0 50' 100' Centerline stationing tic marks are shown of 20 meter intervols. SCALE: V=50' i % \ _ I Lot 18 - - Lot 2 I Y A Lot 1 Q I N X e- 0E+? W N N N N N "S X N Q Q ... p ,rf N O O b U C) a W N r m g W c o N > Residue "A" 4 t ? O ? Gi .i ? ? Q N 4 I ? Q x x I 50' I 141 Block "D" R/W?, 116th STREET r N n N Q n N 1 Oa ! N 16136 IfIV 87.02' R/W Q m n N 1,473.25' I I 508 Line "PR-1" 'W/W sourrceawh chrwerei not necessarily iichecked by the field rsurvey.ffice This plot other w s and PARCEL: 37 PROJECT: STP-B886( ) 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 0. SHEET 2 OF 2 -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 19.6601t. 4660.370 5349.169 508" "PR-l" 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" 2409:998 0.000 Rt. 4640.767 5416.118 x See 'Location Control Route Survey 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)., y? Farrar, Garvey & Associates, LLC I 8925 N. l/eri&an r Indianapolis, IN 49250 (SX 544-5900 * F4X 07)9,f4-9159 11-02-01 J n M. Garvey Date Reg. Land Surveyor No. 50148 State of Indiana No. 50148 STATE OF •?V S[in 1Mst III /?? .al+? pry ? iY'YYy ? 34-4.782 1 `w o K Q2 M Q 8.5 DIM Mis, 8.53 -? -- -_ ri +369.824° 4 63;1 I M t F j K 77 ? 777 l --- ( E v 4 ?r F EConstr. Limits 3 (Ci EXHIBIT B PHOTOGRAPHS Facing North Towards Permanent R/W Being Acquired from E. 116`" Street EXHIBIT B Facing Northeast Towards Subject's Larger Parcel from East I I6"Street & Rosemeade Drive PHOTOGRAPHS EXHIBIT B i PHOTOGRAPHS FacingEast Towards Permanent R/W Being Acquired from Rosemeade Drive