179827 11/24/2009 a CITY OF CARMEL, INDIANA VENDOR: 363620 Page 1 of 1
ONE CIVIC SQUARE THOMAS RILEY
CARMEL, INDIANA 46032 10800 TONNE ROAD CHECK AMOUNT: $50,400.00
CARMEL IN 46032
CHECK NUMBER: 179827
CHECK DATE: 11/24/2009
DEP ARTMENT ACCOU PO NUMB IN VOICE NUMBER AMO DES CRIPTION
2200 R4460500 17789 50,400.00 RIGHT OF WAY
2. ?_D0 1
Soo
W-M
CROSSROAD ENGINEERS, P.C.
3417 Sherman Drive
Beech Grove, IN 46107
Phone: 317- 780 -1555 ,s
Fax: 317- 780 -6525
LETTER OF TRANSMITTAL
To: Lisa Kempa Date 10/30/09
Carmel Water /Wastewater Utility Project 106" Street East West
7603 d Avenue SW, Suite 110
Carmel, IN 46032
WE ARE SENDING YOU
X Attached
Shop Prints Samples Specifications
Drawings
Copy of Change Order
Letter
Copies: Date: Description:
1 10/23/09 ROW Acquisition Payment Request 106 Street West Parcel 5
1 10/23/09 ROW Acquisition Payment Request 106` Street East Parcels 12 &13
THEY ARE TRANSMITTED AS CHECKED BELOW:
For Approval Approved as submitted Resubmit blueline sets w /binder
For your use Approved as noted Resubmit Xerox sets w /binder
As requested Returned for corrections Return corrected prints
For bids due 20
Remarks: Please process the attached ROW acquisition payment requests and notify me when you have the
checks in hand so that I- can;arrnge to have them picked up. Thanks!
c eov Signed
N S ephanie J. W n er Z9ti�
Associated lZiyht-q f- Wgy Services, Inc.
TO: .1111 Newport
1 ROM: Allen D. Mcl
RE: Project: West 106` Street From Michigan Road to
Parcel:
Owners: Thomas W. Riley and Kathy M. Riley
DATE: October 23, 2009
The above parcel is secured and ready for processing for payment as described in the
enclosures.
The following documents are enclosed:
CUnitorm P p ty_Acquisgion Offe>$
-CRece of 0 ffe?
CAcceRtanc.e_(o
.Vyarrauty_D
�L�sem" en�A
airy Fa
�?V -9_fo t =na -(o r igi ►1 a l
C ::i rresporiden�ce- from -Toni Rile
If you need additional information, please let me know.
1311 N. Arlington Ave.. Suite 209 Indianapolis. Indiana 46219 (317)32?-0489 FAX• (317
a
T
CITY OF AR_MEL
J NHS s BRAJN_ RE), A/J -A�'OR
UNIFORM PROPERTY AND EASEMENT ACQUISITION OFFER
DATE: October 15, 2009
Thomas W. Riley PROJECT: 106`' Street from Michigan Road
Bonnie G. Riley to Ditch Road
10800 Towne Road PARCEL:
Carmel, Indiana 46032 FEE SIMPLE PARTIAL 0.379 acres
PERMANENT EASEMENT: 0.098 acres
TEMPORARY EASEMENT: 0.169 ACRES
The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your property and
easements across your property for certain public purposes.
The City of Cannel needs your property and easements across your properly for a public
improvement. In this instance, the City of Carmel needs your land for the public improvement
project on 106"' Street from Michigan Road to Ditch Road and needs to take the land as described
on the attached land plat and legal description.
See Exhibits A and Exhibit B.
It is our opinion that the fair market value of the property and easements we want to acquire from
you is $0,400.00 and, therefore, we offer you $50,400.00 for the above described property and
easements. You have thirty (30) days from this date to accept or reject this offer. If accept this
offer, you may expect payment in full within ninety (90) days after signing the documents accepting
this offer and executing the appropriate instruments, and provided there are no difficulties in
clearing liens or other problems with title to land. Possession will be required thirty (30) days after
you have received your payment in Cull.
DI- TARTMEV'I' OP L!V'G1AL'Eila:1��
O: CIVIC SQI ;,v:I CAR.%]EI.. IN -16032 OFFICE 317-571.24-i I FAQ 317.571.2 -439
1:'MAII, en "ins r MCI, ill -I(A-
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
1. By law, the City of Cannel is required to make a good faith effort to purchase your property and the easements
across your property.
2. You do not have to accept this offer and the City of Carmel is not required to agree to your demands.
3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of your
property and the easements, the City of Cannel has the ri -ht to file suit to condemn and acquire the
property and the easements in the county in which the real estate is located.
4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your choice
on this matter.
5. You may object to the public purpose and necessity of this project.
6. If the City of Cannel files a suit to condenui and acquire your property and the easements, and the court grants
its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of
the property and the easements to be acquired.
7. If we both agree with the court appraisers' report, then the matter is settled. However. if either of us
disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide
what should be paid to you for the property and easements condenmed.
8. If the court appraisers' report is not accepted by either of us, then the City of Cannel has the legal
option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is
made with the court, the City of Carmel is legally entitled to immediate possession of the properly and the
easements. You may, subject to the approval of the court, make withdrawals from the amount deposited
with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if
final judgment awarded is less than the withdrawal you have made from the amount deposited, you will be
required to pay back to the court the amount of the withdrawal in excess of the amount of the final
judgment.
9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present
legal evidence supporting our opinions of the value of the property and easements. The court's decision may be
more
or less.than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time
or at any time during the course of the proceeding described in this notice.
10. If you have any questions concerning this matter, you may contact Associated Right of Way Services at
1311 N. Arlington Avenue, Suite 209, Indianapolis, Indiana, 462 19, or telephone 322 -0489.
Thus offer was made to the owners. Thomas W. Riley and Bonnie G. Riley, of Hamilton County Indiana, on
the l 5"' day of October, 2009.
Allen D. McFearin
Acquisition Specialist
Agent, City of Carmel, Indiana
Acknowledgement of Receipt of Offer
Thomas W. Riley
Date:
Bormie G. Riley
Date:
If you decide to accept this offer of $50,400.00, sign your name below and mail this form to the address indicated
above. An additional copy of this offer has been provided for yoiu file.
ACCEPTANCE OF OFFER
We, Thomas W. Riley and Bonnie G. Riley, landowners of the above described property or interest in
property hereby accept the offer of$50,400.00 made by the City of Carinel on this day of
2009.
Thomas W. Riley
Bonnie G. Riley
NOTARY'S CERTIFICATE
STATE OF
)SS:
COUNTY OF
Subscribed and sworn to before me this day of 2009
My connnission expires:
County of residence:
Signature
Printed
STATE OF
)SS:
COUNTY OF
Subscribed and sworn to before me this day of 2009
My commission expires:
County of residence:
signature
Printed
EXHIBIT "A"
OWNER: Thomas W. Riley Bonnie G. Riley
DEED RECORD: Book 337, Page 875, Instrument No. 83 -8467
HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 0S- 00- 00- 014.000
32- 17- 13- 05- 00 -00- 014.001
Right Of Way
A part of the southeast quarter of the southeast quarter of Section 5, Township 17 North,
Range 3 East in Clay Township, Hamilton County, Indiana, said part being more
particularly described as follows:
Commencing at the southeast corner of said quarter section; thence South 89 degrees 01
minutes 29 seconds West (Indiana State Plane Coordinate System, East Zone), along the
south line of said quarter section, a distance of 557.75 feet to the southwesterly corner of
a 1.506 acre tract of land as described in Instrument Number 200000037413 in the Office
of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of
this description; thence continuing South 89 degrees 01 minutes 29 seconds West, along
said south line, a distance of 261.99 feet to the southeasterly corner of a 0.386 acre tract
of land deeded to Hamilton County per Instrument Number 200400059563 in the Office
of said Recorder (the next two calls are along the easterly and northerly boundaries of
said 0.386 acre tract); North 00 degrees 58 minutes 13 seconds Nest, a distance of 16.50
feet; North 87 degrees 27 minutes 33 seconds West, a distance of 383.01 feet; thence
North 88 degrees 16 minutes 17 seconds East, a distance of 175.64 feet; thence North 88
degrees 54 minutes 13 seconds East, a distance of 468.91 feet to a northwesterly corner
of aforesaid 1.506 acre tract; thence South 00 degrees 38 minutes 22 seconds East, along
said westerly boundary of aforesaid 1.506 acre tract, a distance of 43.29 feet to the point
of beginning. Containing 0.379 acres (16,489 square feet), more or less. Subject to all
legal highways, rights -of -ways, easements, and restrictions of record.
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belie£ this plat and legal description,
together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number
2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and
made a part hereof by reference), comprise a route survey executed in accordance with
Indiana Administrative Code 865 IAC 1 12 ("Rule 12").
L? 4 z,r M:
l:(. }NAL.[) L. NO LAN
DATE: August 25, 2009 Rcgistared Land Surveyo- tiC:1
SO 459 1
s
Page I of 2
1'.APmiect Fdh: s a pm 07000 Cannel -Rile, d
62 118 EXHIBIT "B"
OWNER: THOMAS W. BONNIE G. RILEY
DEED BOOK 337 PAGE 875
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00- 00- 14.001
32- 17- 13- 05- 00 -00- 014.000
i
S.W. COR. S.E. j OF
SEC. 5 -T17N -R3E
(RRS FOUND PER HCSO REFS)
j 40' WIDE BY 60' EASEMENT
TO INDIANA BELL TELEPHONE
12 INSTRUMENT NO. 200000034178
(NOTE: EXACT LOCATION UNKNOWN)
S.W. COR. OF S.E. j OF S.E.
SEC. 5 -T17N -R3E
(NO MON. FOUND: RIGHT OF WAY
CALCULATED CORNER)
FROMr POINTI TO POINT BEARING I DISTANCE
j WIDE EASEMENT 63 123 POB �-33 29 W 557.75
40 123 Poe 1 1 2 2s w 261.93
TO INDIANA GAS 1 1 2 I 121 '13 w 16.50 INSIRUMENT N0. 1z1 120 383.01
X120 134 N56'1617 E 175.64'
200100010065 134 1 124 NB8 4.13 E 468.91
3 124 1 123 POB I S00'38 22 E I 43.29
PERMANENT EASEMENT
FROM POINTI TO POINT 1 BEARING DISTANCE
63 123 559'01 29 W 557.75
123 124 N00'3822 WI 43.29
124 1 125 POB N89 34 E 149.97
RIGHT OF WAY 125 PoB 1 127 N67'2o 51 E 1 39.09
121 0.379 ACRES 127 1 131 N89'35 04 E 1 290.54
131 130 545'40 46 W 19.56
(16,489 SQ. FT.)f 130 125 IS89 1 312.63
12 TEMPORARY EASEMENT
FROM POINT TO POINT I BEARING DISTANCE
63 123 SB9'01 29 W 557.75
123 I 124 IN00'38 22 W 43 -29
2 1 124 1 125 (PO9 I N89'21 34'E 1 149.97
125 POB 1 1 7 1 N67 E 1 39.09
12 1 7 1 131 1 N89 35 04 E 290.54
131 129 IN45'4046 E 28.84
1 129 128 S89'35 04 W 315.25
128 1 126 !S67'20 92-49
126 1 125 P09 I N89'21 34 E 1 53.36
26
25 1 POINT NORTHING EASTING
54 I 1712433.537 177686.857
I 62 1 1709718.964 1 174973.415
1 63 1 1709765.039 1177680.082
118 1709781.997 176326.807
I 120 1 1 709784.563 176477.547
LJ 1 121 1 1709767.584 1 176860.180
w 122 1709751.086 176860.461
0
28 123 1709755.545 177122.413
124 1709798.833 1 177121.930
s 125 1709800.509 1 177271.890
TEMPORARY EASEMENT 123 1709799.913 1 177218.531
1 127 1 1709815.564 177307.962
0.169 ACRES 1 128 1 1709835.535 177303.887
E (7374 SQ. FT.)f F -1 29 1 1709837.821 177619.129
130 1 1709804.004 177584.501
131 1709817.671 1 177598.495
PERMANENT EASEMENT i34 1709789.85 1 176653.105
0.098 ACRES
(4,261 SQ. FT.)t
s z
100 0 50 100
129
1 inch 100 ft
S.E. COR. OF S.E.
13 SEC. 5 -T17N -R3E N.E. COR. OF S.E.J
63 131 (HARRISON MON. SEC. 5 -T17N -R3E
FOUND PER 54 (I.P. FOUND PER
HCSO REFS) HCSO REFS)
g
c v, o• EXHIBIT B CURRENT SH NO,
H.A.K. c J .R.P. R.L.N. WESSLER
i DWVIINGSruE PART S.E. 1/4 S.E. 1/4 SEC. 5- T17N -P.3E
1 00 ASSOC=IATES
PREPARED FOR: roras��rs
PROJECT NUMBER n s�..m: e nE.
THE CITY OF CARMEL, INDIANA
L J
1.16707
EXHIBIT "A"
OWNER: Thomas IN. Riley Bonnie G. Riley
DEED RECORD: Book 337. Page 875. Instrument No. 83 -8467
HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 05- 00 -00- 014.000 R.
32- 17- 13- 05- 00 -00- 014.001
Permanent Easement
A part of the southeast quarter of the southeast quarter of Section 5. Township 17 North,
Range 3 East in Clay Township, Hamilton County, Indiana, said part being more
particularly described as follows:
Commencing at the southeast corner of said quarter section; thence South 89 degrees 01
minutes 29 seconds West (Indiana State Plane Coordinate System, East Zone), along the
south line of said quarter section, a distance of 557.75 feet to the southwesterly corner of
a 1.506 acre tract of land as described in Instrument Number 20000003 74 13 in the Office
of the Recorder of Hamilton County, Indiana the next two calls are along the westerly
and northerly boundaries of said 1.506 acre tract); North 00 degrees 38 minutes 22
seconds West, a distance of 43.29 feet; North 89 degrees 21 minutes 34 seconds East, a
distance of 149.97 feet to the POfNTT OF BEGINNING of this description; thence North
67 degrees 20 minutes 51 seconds East, a distance of 39.09 feet; thence North 89 degrees
35 minutes 04 seconds East, a distance of 290.54 feet to the westerly boundary of
aforesaid 1.506 acre tract (the next two calls are along the westerly and northerly
boundaries of aforesaid 1.506 acre tract); South 45 degrees 40 minutes 46 seconds West,
a distance of 19.56 feet; South 89 degrees 21 minutes 34 seconds West, a distance of
312.63 feet to the point of beginning. Containing 0.098 acres (4,261 square feet), more
or less. Subject to all legal highways, rights -of -ways, easements, and restrictions of
record.
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belief, this plat and legal description,
together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number
2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and
made a part hereof by reference), comprise a route survey executed in accordance with
Indiana Administrative Code 865 IAC 1 12 "Rule 12
iWNALD 1.. N01,A N
DATE: August 26, 2009 Rcgis;e ed Land Stir.cvo- :4:) -'Q
K 439
Pane 1 of 2
l' VProjert Files a itn 1107nOd camel 106th street —ier mai❑ Riley perm casement. doe
62 118 EXHIBIT "B"
OWNER: THOMAS W. BONNIE G. RILEY
DEED BOOK 337 PAGE 875
13 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00- 00- 14.001
I 32- 17- 13- 05- 00 -00- 014.000
S.W. COR. S.E. j OF
SEC. 5 -T17N -R3E
(RRS FOUND PER HCSO REFS)
40' WIDE BY 60' EASEMENT
j TO INDIANA BELL TELEPHONE
12 INSTRUMENT NO. 200000034178
(NOTE: EXACT LOCATION UNKNOWN)
j S.W. COR. OF S.E. j OF S.E.
SEC. 5 -T17N -R3E
(NO MON. FOUND: RIGHT OF WAY
CALCULATED CORNER)
FROM POINT TO POINT I BEARING DISTANCE
40' WIDE EASEMENT 63 123 Poe Is89 29 WI 557.75
1 123 POB I 1 2 S89'01 29 W V 261.99
TO INDIANA GAS I 12 2 1 121 IN0 0'5813 ,w s 05 1
INSTRUMENT NO. 121 I 120 IN87 WI 383.01
120 1 134 1 N88'16 17 E 175.64
200100010065 1 134 1 124 I N88'5413 E 1 468.91
3 1 124 1 123 POB SOO'38 22 E 1 43.29
PERMANENT EASEMENT
FROM POINTI TO POINT BEARING DISTANCE
63 123 589'01 29 W 557.75
123 1 124 N00'38 22 W 43.29
124 1 125 POB I N89'21 34 E 1 149.97
RIGHT OF WAY 125 Poe 1 7 1 N57'2o 51 E 39.09
121 0.379 ACRES 1 7 131 N89'35 04 E 290.54
131 1 130 1545'40 46 W 19.56
(16,489 SQ. FT.)f 1301 125 589'21'34 W 312.63
12 TEMPORARY EASEMENT
FROM POINT TO POINT BEARING DISTANCE
1 63 1 123 S89' 29 W 557.75'
123 1 124 IN00'38 22 W I 43.29'
12 124 1 125 P08 N89'21 34 E I 149.97
125 P08 1 7 N67 20 51 E 1 39.09
12 1 127 1 131 INB9'3504 E 290.54
131 129 N45 4& E 1 26.84
129 1 128 1589'35 04 Wj 315.25 1
1 128 1 126 1 S67'20'S1 9249 1
126 125 UP 0 B) I N89'21 34 E 53.36
126
25 I POINT I NORTHING FASTING
54 1 1712433.837 1 177686.857 1
62 I 1709718.964 1 174973.415
1_ 63 1 1709765.039 1 177680.082
1 118 1 1709997 1 176 326.807
H 1 120 1709784. 1 176477.547
W 1 121 1 1709767.584 176860.180
LLJ 122 1 1709751.086 176860.461
2 28 1 123 1 1709755.545 1 177122.413
1 124 1 1709798.833 1 177121.930
t 12 1709800.509 1 177271.890
CD TEMPORARY EASEMENT 12s 1709799.913 1 177218.531
127 1 1709815.564 I 177307.96 2 I
0.169 ACRES 128 1 1709835.535 I 177303.8871
(7 SQ. FT.)± 1 L 130 1 1709804.004 177584 501
131 1 1709817.671 177598.495
PERMANENT EASEMENT 1 1 1 1 176653.105
W,,- 0.098 ACRES
(4,261 SO. FT.)f
z
e 100 0 50 100
pw
"s
2s
1 inch 100 ft
J13 S.E. COR. OF S.E.
SEC. 5 -T17N -R3E N.E. COR. OF S.E.j
s3
W (HARRISON MON. SEC. 5 -T17N -R3E
FOUND PER s4 (I.P. FOUND PER
J HCSO REFS) u HCSO REFS)
g
P WESSLER EXHIBIT' B CURRENTSH=ND
H.
A.K. J.R.P. R.L.N.
oruwNCS a e PART S.E. 1/4 S.E. 1/4 SEC. 5 -T17N -R3E
1 =100' ASSOCI
F
PROJECT NUMBER w �m<.
PREPARED FOR: ,oru aErs
THE CITY OF CARMEL, INDIANA
1.16707
EXHIBIT ".A"
ONVNER: Thomas W. Riley Bonnie G. Riley
DEED RECORD: BooL 337, Page 875. Instrument No. 83 -8467
HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 05- 00 -00- 014.000
32- 17- 13- 05- 00 -00- 014.001
Temporary Construction Easement
A part of the southeast quarter of the southeast quarter of Section 5, Township 17 North,
Range 3 East in Clay Township, Hamilton County, Indiana, said part being more
particularly described as follows:
Commencing at the southeast corner of said quarter section; thence South 89 degrees 01
minutes 29 seconds West (Indiana State Plane Coordinate System, East Zone), along the
south line of said quarter section, a distance of 557.75 feet to the southwesterly comer of
a 1.506 acre tract of land as described in Instrument Number 200000037413 in the Office
of the Recorder of Hamilton County, Indiana (the two calls are along the westerly and a
northerly boundaries of said 1.506 acre tract); North 00 degrees 38 minutes 22 seconds
West, a distance of 43.29 feet; North 89 degrees 21 minutes 34 seconds East. a distance
of 149.97 feet to the POINT OF BEGINNING of this description, thence North 67
degrees 20 minutes 51 seconds East, a distance of 39.09 feet-, thence North 89 degrees 35
minutes 04 seconds East, a distance of 290.54 feet to a northwesterly boundan of
aforesaid 1.506 acre tract; thence North 45 decrees 40 minutes 46 seconds East, along
aforesaid 1.506 acre tract, a distance of 28.84 feet; thence South 89 degrees 35 minutes
04 seconds West, a distance of 315.25 feet; thence South 67 degrees 20 minutes 51
seconds West, a distance of 92.49 feet; thence North 89 decrees 21 minutes 34 seconds
East, a distance of 53.36 feet to the point of beginning. Containing 0.169 acres (7.374
square feet), more or less. Subject to all legal highways, rights -of -ways, easements and
restrictions of record.
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belief, this plat and legal description,
together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number
2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and
made a part hereof by reference), comprise a route survey executed in accordance with
Indiana Administrative Code 865 IAC 1 12 (`Rule 12
KC)NALD L. NOLAN
DATE: August 26. 2009 Registered Land Sur ern- SO 4 9
\\\\\\01L \,u
NO.
SO 459
/fViflli i;11111:R
Page I of 2
:A roiect Piles am ire`.107006 Cemtci 105 01 Sweet water mzia Riley temp eacemenLdoc
62 118) EXHIBIT "B"
OWNER: THOMAS W. BONNIE G. RILEY
DEED BOOK 337 PAGE 875
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00 -00- 14.001
j
32-17-13-05-DO-00-014.000
S.W. COR. S.E. j OF
SEC. 5 -T17N -R3E
(RRS FOUND PER HCSO REFS)
40' WIDE BY 60' EASEMENT
TO INDIANA BELL TELEPHONE
12 INSTRUMENT NO. 200000034178
(NOTE: EXACT LOCATION UNKNOWN)
S.W. COR. OF S.E. j OF S.E.
SEC. 5 -T17N -R3E
(NO MON. FOUND:
CALCULATED CORNER) RIGHT OF WAY
FROM POINTI TO POINT I BEARING DISTANCE
40' WIDE EASEMENT 63 1 123 PoB 1589'01 29 W 557.75
1 123 POB I 7 2 589'01 29 W I 261.9
TO INDIANA GAS 1 121 N00'5B'13 °wl 16. 9 0
INSTRUMENT NO. 1 121 I 120 NB7 W 3 83.01 1
120 1 134 I N86 16 17 E 1 175764
200100010065 1 34 I 124 1 N88'5413 E 1 468.91
3 124 1 123 POB 500'38 22 E i 43.29
PERMANENT EASEMENT
FROM POINT! TO POINT 1 BEARING I DISTANCE
63 123 1 SB9'01'29 "W 5 75 I
123 1 124 N00'38'22 WI 43.29'
1 1 24 1 125 POB N89'21 34 E 914 97' 1
RIGHT OF WAY 125 Po8 1 7 N6720 51 E 39.09
121 0.379 ACRES 1 7 1 131 N89 35'04 290.54
1 131 1 130 1545'40 46 w l 19.56 1
(16,489 SQ. FT.)t 1 130 1 125 ISB9'21 34 W 1 312.63
12 TEMPORARY EASEMENT
FROM POINTI TO POINT I BEARING I DISTANC
63 123 589°01 W 557.75'
123 124 1N003B 22 W 43.29
2 1 24 125 POB N89 34 E 149.97
125 POB 1 7 N 51 E 39.09
12
127 1 131 1 N59'35 04 E 1 290.54
131 1 129 1 N45'40 45 E 28.84 1
129 128 1 128 1589'3504 W 315.25
126 1567'20 51 W 9249
1 126 1 125 POB N89 21 34 E 53.36
126
25 1 PO INT 1 NORTHING I EASTIN 85
1 54 1 1712433.837 1 177686.7
62 18.964 15 174973.4
63 17097 177680.082
118 1 1709781.997 176326.807
F- 120 1709784.563 176477.547
w 121 1 1709767.584 176860.180
o 2 28 122 1 1709751.09'6 176860.461
123 1 1709755.54 1 177122.413
124 1709798.833 177121.9 30
t 125 1 1709800.509 177271.890
co TEMPORARY EASEMENT 1 126 1 1709799.913 177218.531
0.169 ACRES 1 127 1 1709815.564 1 177307.962
1 128 I 1709835.535 I 177303.887
E (7,374 SQ. FT.)t 1 130 1 1709804.004 177584.501
131 1709817 -671 177598.495
PERMANENT EASEMENT i 1 1709742.001 1 176.3
I 134 I 1709 789.861 I 176653.1
0.098 ACRES
(4,261 SO. FT.)t
s z
100 0 50 100
129
1 inch 100 ft
S.E. COR. OF S.E.
13 SEC. 5 -T17N -R3E N.E. COR. OF S.E.J
s3 131 (HARRISON MON. SEC. 5 -T17N -R3E
FOUND PER 54 (I.P. FOUND PER
HCSO REFS) HCSO REFS)
C EXHIBIT B cURRENTSHEETNO.
H.A.K. J.R.R R.L.N. WESSIER
F DRAWNGSCUE PART S.E. 114 S.E. 1/4 SEC. 5 T17N R3E
oo� ASSOCIATES
PROJECT NUMBER °.e ',«e PREPARED FOR: Trn^ig
THE CITY OF CARMEL, INDIANA
E
116707
This offer was made to the owners. Thoinas W. Riley and Bonme G. Riley, of Hamilton County, Indiana. on
the 15r11 day of October. 2009.
Allen D. McFearin
Acquisition Specialist
Agent City of Carmel, hidiana
Acknowledgement of Receipt of Offer
Thomas NK Riley
Date: s
Bonnie G. Riley
Date:
If you decide to accept this offer of $50,400.00, sign your name below and mail this form to the address indicated
above. An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
We, Thomas W. Riley and Bonnie G. Riley, landowners of the above described proper or interest in
property, hereby accept the offer of $50,400.00 made by the City of Carmel on this day of
2009.
CD;�� Gw
Thomas W. Riley
onnie G. Riley
NOTARY'S CERTIFICATE
d
STATE OF
1 )SS: ,r
COUNTY OF N A M
Subscribed and sworn to before me this day of &C'F73L3c` 2009
My commission expires:
County of residence:
Signature
Printed
STATE OF nJD c p N
i t rl
h
)SS:
COUNTY OF OAS c.� tai, e r F C
J
Subscribed and sworn to before me this 5 day of yG� 2009
drx r
Y� t a°f jE y q
My commission expires: al-
County of residence: J
Signature
DJ
Printed
Project: 106 Street from
Michigan Road to Ditch
Road
Parcel 5
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT Thomas W. Riley and Bonnie G. Riley, husband and -ife,
convey and warrant to the City of Carmel, Indiana (the "Grantee''), for the sum of Thirty -eight Thousand Nine
Hundred Fifty and 00/100 Dollars ($38,900.00) and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the following described real estate in Hamilton Count;, State of Indiana:
See attached Exhibit A and Exhibit B, which are attached hereto and incorporated herein
subject to any and all easements, agreements, restrictions and other matters of record.
It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall
run with the land, that all real estate herein described (excepting any parcels or portions thereof that are
specifically and expressly designated as easements or temporary rights of way) are conveyed in fee simple and
not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the
Grantor.
IN WITNESS WHEREOF, Grantors has caused this Warranty Deed to be executed this 15 day of
c' 2009.
GRANTORS:
Thomas W. Riley
Bonnie G. Riley
NOTARY CERTIFICATION
STATE OF INDIANA
SS:
COUNTY OF J-j430 -:T0
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Thomas W. Riley, who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor.
and who, havin« been duly sworn, stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal this day of %<1 1cx-�, ?009.
My Commission Expires:
Count} of Residence:
Notary Signature
c
Notary Printed Name
STATE OF INDIANA
SS:
COUNTY OF F it i ti e j' G
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Bonnie G. Riley, who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor,
and who, having been duly sworn, stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal this t day of 2009.
My Commission Expires:
County of Residence: frr• i'
Notary Signature
Notary Printed Name
This instrument was prepared by Douglas C. Haney, Carmel City Attorney City Hall, One Civic Square, Carmel, Indiana
46032
Send tax bills to: One Civic Square, Carmel, IN 46032
After recording. return deed to: Douglas C. Haney, Carmel City_ Attorney, City One Civic Square, Carmel. Indiana
46032
I affirm, under the penalties for per that I have taken reasonable care to redact each and every Social Security
number from this document unless it is required by law. Douglas C. Haney
s3i464v1
EXHIBIT "A"
OWNER: Thomas W. Rilev Bonnie G. Riley
DEED RECORD: Book 337. Page 875. Instrument No. 83 -8467
HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 05- 00 -00- 014.000
32- 17- 13- 05- 00 -00- 014.001
Right Of Way
A part of the southeast quarter of the southeast quarter of Section 5, Township 17 North,
Range 3 East in Clay Township, Hamilton County, Indiana, said part being more
particularly described as follows:
Commencing at the southeast corner of said quarter section: thence South 89 degrees 01
minutes 29 seconds West (Indiana State Plane Coordinate System, East Zone), along the
south line of said quarter section, a distance of 557.75 feet to the southwesterly corner of
a 1.506 acre tract of land as described in Instrument Number 200000037413 in the Office
of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of
this description; thence continuing South 89 degrees 01 minutes 29 seconds West, along
said south line, a distance of 261.99 feet to the southeasterly corner of a 0.386 acre tract
of land deeded to Hamilton County per Instrument Number 200400059563 in the Office
of said Recorder (the next two calls are alone the easterly and northerly boundaries of
said 0.386 acre tract); North 00 degrees 58 minutes 13 seconds West, a distance of 16.50
feet; North 87 degrees 27 minutes 33 seconds West. a distance of 383.01 feet: thence
North 88 degrees 16 minutes 17 seconds East. a distance of' 175.64 feet: thence North 88
degrees 54 minutes 13 seconds East. a distance of 468.91 feet to a northwesterly corner
of aforesaid 1.506 acre tract: thence South 00 degrees 38 minutes 22 seconds East, along
said westerly boundary of aforesaid 1.506 acre tract, a distance of 43.29 feet to the point
of beginning. Containing 0.379 acres (16,489 square feet), more or less. Subject to all
legal hightiays, rights -of ways. easements, and restrictions of record.
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belief this plat and legal description,
together with the Plat of Route Survey, recorded April 24. 2009 as Instrument Number
2009023606 in the Office of the Recorder of 1- lamilton County, Indiana (incorporated and
made a part hereof by reference), comprise a route survey executed in accordance with
Indiana Administrative Code 865 IAC 1 12 ("Rule 12
i s is v cd f.and 4i.nre n::C7:_:q
DATE: August 25. 2009
10 439
�'�f�li)II1rIIli�llt1
Page I of 2
5 "Pmica
Files —n- 107606 Cannel 106ih sirce; wmcr main e�,., _innll:,iccmems`•S f:ilro n-
62 118 EXHIBIT "B"
OWNER: THOMAS W. BONNIE G. RILEY
DEED BOOK 337 PAGE 875
13
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00 -00- 14.001
32- 17- 13- 05- 00 -00- 014.000
S.W. COR. S.E. j OF
SEC. 5 -T17N -R3E
jj (RRS FOUND PER HCSO REFS)
40' WIDE BY 60' EASEMENT
j TO INDIANA BELL TELEPHONE
/i INSTRUMENT NO. 200000034178
12 (NOTE: EXACT LOCATION UNKNOWN)
S.W. COR. OF S.E. j OF S.E.
SEC. 5 -T17N -R3E
j (NO MON. FOUND:
CALCULATED CORNER) RIGHT OF WAY
F ROM POINTI TO P OINT BEARING DIST
63 123 �POB II S89'01 29 W 557.75
,A 40' WIDE EASEMENT 123 POB 122 IS89'01 '29 W l 261.9 1
TO INDIANA GAS 122 121 NOO '5813' Wj 16.50'
INSTRUMENT N0. 121 1 120 IN87'27 "w 383.01
12 1 1 34 1 N88'16 17'E 175.64
200100010065 134 1 124 1 N88'54 13 E I 468.91
34 124 123 P0B I S00'38 22 E 43.29
PERMANENT EASEMENT
FROM POINT To PO INT I BEARING DISTANCE
63 123 889'01 29' W 557.75
123 1 124 INOO'38'22 W 43.29
124 125 (POB N89'21 34'E 149.97
RIGHT OF WAY 7f25 POI _11 7 I N67'20 51 E I 39.0
121 0.379 ACRES 1 7 131 IN89'35`0411 290.54
,489 $Q. FT. f 131 130 IS 45'40
16 46 W 19.56
l 130 I 125 1 S89'21 34 W I 312.63
12 TEMPORARY EAS EMENT
(FROM POINTI TO POINT I BEAR DISTANCE
63 I 1 23 S89'01 `2 W 5�J
11 I 1 24 I N00'38 22 W 43.29'�I
12 124 1 125 P�OBI N89'21'3 E 149.97
12 I 125 POB 1 7 N67' 51'E 39.09'
7 131 1 NB9'35 04 E1290.54�
1 129 N45'4046 E 28:84
129 128 58 935 04 W 1 315.25
128 1 26 S67'20 51 W 92.49
126 1 25 POB 1 N89 34 E 53.36
126
25 POINT I NORTHING i EASTfNG
54 f 171 2433.8 37 17 7686.857
62 1709 71 I 1749 73.415
j 63 1709765.039 1 177680.08 I
1 118 1709 781.99 7 1 1763 I
I 1 120 1 1709784.563 l 176477.54 J
w 1 121 1 1709767.584 17686 1 8_ 0 1
122 1 7097 51_ 086 1 17686 1
2 28 123 1 1709 755.545 1 1771
1 124 1 1709798. 1 177121.93 1
r 1 125 1709 I 177 271.890
TEMPORARY EASEMENT 126 1 17 09799.913 1 1 772 18 .531
0 0.169 ACRES 127 I 170981 177307.96 1
1281 1709 835.535 1 177303.887 1
(7,374 SQ. FT.)t 129 1709 837.821 1 17 7619.1 26
E 1130 1709804.0 1 177584.501
131 1709 817.671 I 177 598.495
1 132 1 1709742.001 1 176. 326.748
PERMANENT EASEMENT 134 1709789.861 1 176653.105
0.098 ACRES
(4,261 SQ. FT.)f
z
100 0 e0 100
129
1 inch 100 ft
S.E. COR. OF S.E.
13 SEC. 5 -T17N -R3E N.E. COR. OF S.E.J
63 131 (HARRISON MON. SEC. 5 -T17N =R3E
FOUND PER (I.P. FOUND PER
54
HCSO REFS) HCSO REFS)
EXHIBIT B CURRENT SHEET NO,
H.A.K. J.R.P R R.L.N.
WESSLER
DRAWNGSCUE PART S.E. 114 S.E. 114 SEC. 5 -T17N -R3E
1"=100 ASSOCIATES
PREPARED FOR: ora ^v�rs
PROJECT NUMBER THE CITY OF CARMEL, INDIANA
o 116707 I L
E_-1S AGREE?\IENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Thomas W.
Riley and Bonnie G. Rile- as Husband and Wife, and as the fee owners of certain real estate,
(hereinafter collectively referred to as "Grantors for and 11 consideration of the sum of
Ten and 00/100 DOLLARS ($10.00) and other valuable consideration in hand
paid, the receipt and sufficiency; of which is hereby- acknowledged and confessed,
does hereby GRANT, BARGAIN, SELL AND CONVI UNTO The City of Carmel,
Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter
referred to as "GRANTEE a non- exclusii -e and perpetual easement upon, over,
under and across the real estate located in Hamilton County, Indiana, and described in
Exhibit "A" and Exhibit "B" attached hereto and hereby made a part hereof, for die
purpose of laying, installing, constructing, maintaining, operating, inspecting, altering
replacing and removing utility- lines, equipment and a multi use path.. If the utility lines,
equipment and /or multi use path are installed in good faith in a location other than the
location dlat is described and depicted in Exhibit A, then, and in that event, the easement
area that is defined in this instrument shall be conclusively deemed to include the strip of
land d is centered on the line or equipment as installed, and u1 such an event, the
Grantors, jointly and severally, and dae Grantee, shall join in die execution and acceptance
of an appropriate substitute easement instrument if either the Grantors or the Grantee
shall deliver to the other a written request for such a substitute easement instrument.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on die surface of the lands owned b Grantors, dneir
successors and assigns, upotl and within the boundaries of the easement area, for purposes
of access to the easement area. Said easement also includes the rights and privileges to
temporaril.- use, from time to time, additional space, where available and necessary- that
is adjacent to the easement area for equipment and materials necessary for the installation,
repair and maintenance of Grantee's facilities located in, under, upon, over, and /or across
the easement area, to do all acts and things requisite and necessary for the full enjoyment
of the easement hereby granted, and for nearby- property owners, their grantees
successors, agents, or employees, to connect the premises of such nearby property owners
by service pipes to the lines and /or equipment installed by Grantee within the
easement area, provided such nearby- propert}- owners, their grantees, successors, agents, or
employees restore the portion of the Grantors' properry disturbed bar their work to a
condition that is as near the condition that existed just prior to the time the portion li -as
disturbed by them as is practicable. Grantee also shall have the right from time to
time to remove all trees, undergrowth, structures and /or other obstructions aboN -e,
within, under, or immediatehT surrounding the easement area which ma injure,
endanger or interfere with Grantee's use and enjoyment of this easement, all of which
work shall be done at Grantee's sole cost and expense, except as otherwise set forth hereili.
Grantors, their successors or assigns, shall not erect or maintain any
permanent structures, obstructions, or other improvements under and /or upon the
surface of or over the easement area or perform and- act which would impair or
interfere with Grantee's use and enjoyment of the easement herein granted. The
immediately- preceding sentence prohibits (among the other prohibitions effected by it)
the erecting or maintaining in the easement area of an }7 earthen mound or series or
system of earthen mounds.
If the surface of the easement area is disturbed by Grantee at any time,
and /or from time to time bN- the installation, repair, maintenance, removal,
replacement or other work in connection with utility- lines or equipment, Grantee, at its
sole cost and expense, shall repair and restore the surface of the easement area and /or
nearby- property of the Grantors to substantially- the same condition which existed
immediately- prior: to any such disturbance, except to the extent that Grantee was
exercising its right to remove items NvItich, in Grantee's sole opinion is or would
interfere with the rights granted herein. In no et-ent shall Grantee have a duty to
restore an area of the easement area or nearby property that was disturbed by
nearby property ovyners, their grantees, successors, agents employees or by other
parties, in connecting the premises of the nearby property oNcners by service pipes to
the lines, equipment and /or multi use path installed in the easement area or
otherwise, and Grantee shall not be liable for any damages caused to Grantors'
property as a result of such work. Any work performed or caused to be performed
upon, under and /or over or within the easement area at any time and from time to
time shall be done at such a time and in such a manner as will cause a minimum of
interference with the business being conducted by Grantors (or their successors and
assigns) upon their land surrounding and adjoining the easement area, but nothing
herein contained shall prevent or prohibit Grantee from performing any of its Neork
during normal and customary daylight business hours.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the rights
and easements herein granted shall be used by, Grantee upon the terms and conditions
specified herein, -with ingress to and egress from the easement area, for d1e purposes of
constructing, installing, repairing, maintaining, replacing and removing the facilities of
Grantee herein described, subject to all liens, encumbrances, restrictions and prior
easements of record.
It is agreed that this grant covers all the agreements between the parties and drat no
representations or statements, verbal or written, have been made modifying, adding to or
changing the terms of this agreement.
The Grantors represent and certify that they are the fee simple owners of the
easement area and real estate surrounding the easement area; that Grantors guarantee the
quiet possession of the easement area to the Grantee; that the easement area is free of any
liens or encumbrances, except the lien of current taxes and any other lien or encumbrance
that, as of the date of execution hereof, appears of public record; and that, subject to the
foregoing, Grantors -will and defend Grantee's title to the easement granted hereby
against all claims thereon.
The person or persons e_.ecuting this instrument on behalf of Grantors hereby-
represent that they have the authority to bind Grantors, jointly and individually, to the terms
and conditions set forth herein.
This instrument may- be executed bN- Grantors in separate counterparts, each of
«vluch shall constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantors herein have exe this
conveyance as a Corporation, this, the Oc FR EC- day of `-J
2009. /S G4 -6
Cam-
Thomas W. Riley
Bonnie G. Riley
'I1ais Instrument prepared by Doug Haney, Attorney at Law, One Civic Square,
Carmel, Indiana, 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact
each and every Social Security number from this document, unless required by law.
STATE OI~' tNDI>>NA
SS:
COUNTY OF AL-MON
Before me, a Notaty Public Li l and for said CounrS and State, personally- appeared Thomas W.
Riled and Bonnie G. Riley, hnmvii to me to be the individuals -hose names are subscribed to
the foregoing ulstr and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this day of c i z 'yip r Z 2009.
COUNTY OF RESIDENCE NOTARY PUBLIC SIGNATURE
COMMISSION EXPIRATION DATE PRINTED NMJE
EXHIBIT "A"
OWNER: Thomas %V. Riley R Bonnie G. Rilcy
DEED RECORD: Book 337. Page 875, Instrument No. 83 -8467
HAMILTON COUN'T'Y PARCEL NO.: 32- 17- 13- 05- 00 -00- 014.000
32- 17- 13- 05- 00 -00- 014.001
Permanent Easement
A part of the southeast quarter of the southeast quarter of Section 5. Township 17 North,
Range 3 East in Clay Township, I- lamilton County. Indiana, said part being more
particularly described as follows:
Commencing at the southeast corner of said quarter section; thence South 89 degrees 01
minutes 29 seconds West (Indiana State Plane Coordinate System, East Zone), along the
south line of said quarter section, a distance of 557.75 feet to the southwesterly corner of
a 1.506 acre tract of land as described in Instrument Number 200000037413 in the Office
of the Recorder of Hamilton County. Indiana the next two calls are along the westerly
and northerly boundaries of said 1.506 acre tract); North 00 decrees 38 minutes 22
seconds West. a distance of 43.29 feet: North 89 degrees 21 minutes 34 seconds East. a
distance of 149.97 feet to the POINT OF BEGINNING of this description; thence North
67 degrees 20 minutes 51 seconds East, a distance of 39.09 feet; thence North 89 decrees
35 minutes 04 seconds East. a distance of 290.54 feet to the westerly boundary of
aforesaid 1.506 acre tract (the nest two calls are alone the westerly and northerly
boundaries of aforesaid 1.506 acre tract); South 45 degrees 40 minutes 46 seconds West,
a distance of 19.56 feet; South 89 degrees 21 minutes 34 seconds West, a distance of
313.63 feet to the point of beginning. Containing 0.098 acres (4.261 square feet), more
or less. Subject to all legal highways, rights -of -ways. easements. and restrictions of
record.
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belief this plat and legal description,
together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number
2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and
made a part hereof by reference), comprise a route survey executed in accordance with
Indiana Administrative Code 865 IAC 1 12 ("Rule 12
v
DATE: An°Ust 26. 2009
e vowmrumnrnn�,
No_ z
SO 439:
Pace 1 oft
1' \Project Files actn ',l07006 Camel 106th Ctree= wafer main extensionAFzsem =_n[s'S Riley peen e, semen) doe
s2 11s EXHIBIT "B"
OWNER: THOMAS W. BONNIE G. RILEY
DEED BOOK 337 PAGE 875
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00- 00- 14.001
32- 17- 13- 05- 00 -00- 014.000
S.W. COR. S.E. j OF
SEC. 5 -T17N -R3E
(RRS FOUND PER HCSO REFS)
40' WIDE BY 60' EASEMENT
TO INDIANA BELL TELEPHONE
INSTRUMENT NO. 200000034178
12 (NOTE: EXACT LOCATION UNKNOWN)
S.W. COR. OF S.E. j OF S.E.
SEC. 5 -T17N -R3E
(NO MON. FOUND: RIGHT OF WAY
CALCULATED CORNER)
FROM POINTI TO P OINT I BEARING I DISTANCU
63 12 3 Poe 155 9'01 29 w 557.75
40' WIDE EASEMENT
123 POB 1 1589'0W 1 29 I 261.99
TO INDIANA GAS 1 122_1 121 I WI 16.50
INSTRUMENT N0. 121 120 I N87'27 33 WI 383.01
120 134 I N88'16 17'E I 175.64
200100010065 134 124 I N88'54'13 E 468,91 1
34 124 123 POB) II S00'38 2222 E I 43.29
PERMANENT EASEMENT
FROM POINT TO POINT I BEARING DISTANC
63 123 569'07 29 W I 557.7
123 1 124 IN00'382 WI 43.29
1 1 24 1 125 PO I N8 34 E 149.97
RIGHT OF WAY 125 POB I T27 1 NsT 2o 51 E 1 39.09
121 0.379 ACRES 7 131 I N89'35 04 E I 290.54
131 130
1 S45'40 4& WI 19.56
(16,489 SQ. FT.)t 1 130 125 S842 334 W1 312.63
12 TEMPORARY EASEMENT
FROM POINTI TO POINT I BEARING DISTANCE
63 1 123 1 S89 *01 29 W 1 557.75
123 124 N6638 22 W1 43.29
12 1 24 125 POB I N89'21 34'E 1 149.97
125 POB 1 1 7 1 N57'20 51 E 1 39.09
12 1 7 131 1 N89'35 04 E 1_ 290.54
I 131 1 12 9 I N 45'40 46 E I 28_84_
12 9 128 589' 04 W 315.25'
128 1 26 S67'20 51 W 92_49
1 126 1 12 POB N89'21 34 E 53.361
126
25 DINT I NORTHING EASTING
54 1712433.837 f 17768 6.857 1
62 1709718.964 17497 1 .4 15
3.5
63 1 1709765.039 1 177680.082
118 17097 81.997 176326.807
I 120 1709784.563 176477.547
LLJ 121 1709767. 1 176860.180
122 1709751.086 I 17 6860.461
2 28 123 1 17 09755.545 1 177122.413
N 124 1 1709798.833 1 177121.930
125 1 170980 1 177271.
o
TEMPORARY- EASEMENT 126 1 _1709799.913 1 177218.5
1 12 1 1709815.564 1 1 77307.962 1
0.169 ACRES I 1 1 1709835.535 1 177303.887 1
(7,374 SQ. FT.)t 129 1 1 709837.821 1 177619.1
E 1709804.0 1 177 584.50 1_
1709817.671 I 17759 8.49 5 1
1709742.001 1 176_326.748
r t
PERMANENT EASEMENT 1709789.861 1 176653.1
0.098 ACRES
(4,261 SQ. FT.)f
s z
100 0 50 IDO
I Fm Will WARM
a
129
1 inch 100 ft
13 S.E. COR. OF S.E.
SEC. 5 -T17N -R3E N.E. COR. OF S.E.J
(HARRISON MON. SEC. 5 -T17N -R3E
e 63 131 FOUND PER 54 (I.P. FOUND PER
o
HCSO REFS) f HCSO REFS)
+.a ar ca_c-av a= cT ,`j� EXHIBIT B CURRENTSHMNO.
H.A.K. J.R.P. R.L.N. W E S L E R
e DRAWINGSME PART S.E. 1/4 S.E. 1/4 SEC. 5 -T17N -R3E
F
oo� ASSOCIATES
PREPARED FOR: TOTU 9�S
PROJECT NUMBER n
a THE CITY OF CARMEL, INDIANA L
o 116707
Form W 9 Request for Taxpayer Give form to the
(Rev. October 2007) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue service
Name (as shown on your income tax return)
cli
Thomas W. Riley
CU Business name, if different from above
c
0
CL O Check appropriate box: Individual/Sole proprietor IJ Corporation Partnership Exempt
-4` 4 Limited liability company. Enter the tax classification (D= disregarded entity, C= corporation, P= partnership) P
payee
0 2 Other (see instructions)
Address (number, street, and apt. or suite no.) Requester's name and address (optional)
w
10800 Towne Road
City, state, and ZIP code
N Carmel, IN 46032
ro List account number(s) here (optional)
W
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it s
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign Signature of ✓r
Here U.S. person Date P v
c s o
General Instructions efinition of a U.S. person. or federal tax purposes, you are
considered a U.S. person if you are:
Section references are to the Internal Revenue Code unless
otherwise noted. An individual who is a U.S. citizen or U.S. resident alien,
o A partnership, corporation, company, or association created or
Purpose of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the States,
IRS must obtain your correct taxpayer identification number (TIN) An estate (other than a foreign estate), or
to report, for example, income paid to you, real estate o A domestic trust (as defined in Regulations section
transactions, mortgage interest you paid, acquisition or 301.7701 -7).
abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a
contributions you made to an IRA. trade or business in the United States are generally required to
Use Form W -9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income
resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9
requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that
1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax.
waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a
2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States,
provide Form W -9 to the partnership to establish your U.S.
3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a income.
U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income. purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the
request your TIN, you must use the requester's form if it is following cases:
substantially similar to this Form W -9. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W -9 (Rev. 10 -2007)
Cross Reference to Prior Deed of Record: Corporate Warranty Deed, Book 337, Page
875.Instrument Number 83 -8467 in the Office of the Recorder of Hamilton County. Indiana
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement is made and entered into this
day of 2009 by and between Thomas W. Riley and Bonnie G.
Riley, husband and wife. "Grantors and the City of Carmel, Indiana "Grantee
RECITALS
A. Grantors own certain real property (the "Grantors' Parcel located in Hamilton County,
Indiana, more particularly described as follows:
See Exhibit I attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's public improvement project on 106` Street from
Michigan Road to Ditch Road (the "Project''), requires a temporary easement for the duration of
the Project for purposes of constructing that portion of the Project located upon and /or adjacent
to the Grantors' Parcel. Such temporary easement area (herein referred to as the "Temporary
Easement Parcel'') is more particularly described as follows:
See Exhibit A and Exhibit B attached hereto and incorporated herein.
NOW. THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Temporary Rights Acquired by Grantee During the term of the Project. Grantors
hereby grant and convey to Grantee the exclusive right to utilize the Temporary Easement Parcel
for all purposes related to the construction of the Project, including but not limited to, the storing
of equipment and the staging of the construction of the Project. Upon the earlier of the date of
final completion of the Project or two (2) years from the date hereof, such temporary easement
shall terminate and Grantee shall return the Temporary Easement Parcel to Grantors in
substantially the same condition as existed prior to the commencement of the Project, except as
reasonably modified by the Project.
2. Rights Retained by Grantors Grantors shall retain unto themselves, and their
grantees, heirs, successors and assigns, and all others to whom Grantors may grant rights or
casements. the right to use the Temporary Easement Parcel for any and all purposes and uses not
inconsistent with the foregoing easement acquisition by Grantee, mcludim without limitation the
right to install use. maintain, repair and replace existin(, driveways and curbing not removed by
Grantee as part of the Project, as well as the right of access over and across the Temporary
Easement Parcel to and from public strects adjacent to the Temporary Easement Parcel via
Grantors' existing driveway or any future driveway.
s;z,c; 1
1
3. Easement and Covenants Appurtenant The easement granted. created and made
herein. together with all the benefits thereof, shall run with the Grantors' Parcel and inure to the
benefit of Grantee and its grantees. successors and assigns. The easement granted, created and
made herein. together with the burdens thereof, shall run with and bind the Grantors' Parcel, and
shall bind Grantors and their grantees. successors and assigns. All covenants and agreements of
the Grantors and Grantee hereunder. together with the benefits and burdens thereof. shall be
deemed to be real covenants which touch and concern the Grantors' Parcel and the Temporary
Easement Parcel, as applicable, shall run with the Grantors Parcel and the Temporary basement
Parcel, and shall inure to the benefit of and be binding upon Grantors and Grantee, as applicable,
and their respective grantees. successors and assigns.
=4. Governing; Law "phis Agreement shall be governed by and construed in
accordance with the laws of the State of Indiana, except for its conflict of laws provisions.
IN WITNESS WHEREOF, Grantors and Grantee have executed this Agreement as of the
date first written above.
GRANTOR GRANTEE
By:
Thomas W. e
Printed:
n c_ c_-
Title:
onnie G. Riley
STATE. OF INDIANA
SS:
COUNTY OI
Before me, a Notary Public in and for said County and State. personally appeared
Thomas W. Riley, the Grantor, and who, having been duly sworn, acknowledged the truth and
accuracy of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Sea] this 15 day of .2009.
My commission expires:
Notary Public
I am a resident of County. Indiana
Printed Name
8,_;c v 1
STATE OF INDIANA
SS:
COUNTY OF H I
Be[ ore me, a Notary Public in and for said County and State. personally appeared Bonnie
G. Riley, the Grantor. and who. having been duly sworn, acknowledged the truth and accuracy of
the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this S day of' ?009.
My commission expires:
Notar Public
I am a resident of County. Indiana
Printed Name
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
the of the Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this day of 2009.
My commission expires:
Notary Public
I am a resident of County, Indiana
Printed Name
This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square,
Carmel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Douglas C. Haney
S3230n i
EXHIBIT "A"
OWNER: Thomas W. Riley R Bonnie G. Riley
DEED RECORD: Book 337, Page 875. Instrument No. 83 -8467
HA1NIILTON COUNTY PARCEL NO.: 32- 17- 13- 05- 00- 00- 014.000 K
32 -17 -13 -05-00 -00- 014.001
Temporary Construction Easement
A part of the southeast quarter 01'(11C southeast quarter of Section 5. Township 17 North.
Range 3 Fast in Clay 'Township. Hamilton County. Indiana, said part being more
particularh described as Ibllows:
Commencing at the southeast corner of'said quarter section; thence South 89 degrees 01
minutes 29 seconds West (Indiana State Plane Coordinate System_ I_;ast Zone), along the
south line of said quarter section. a distance. of 557.75 feet to the southwesterly corner of
a 1 .506 acre tract of land as described in Instrument Number 200000037413 in the office
of the Recorder of I- lamilton County. Indiana (the two calls are along the westerly and a
northerly boundaries ol'said 1.506 acre tract): North 00 degrees 38 minutes 22 seconds
West. a distance oT43.29 Feet: North 89 degrees 21 minutes 34 seconds Fast. a distance
of 149.97 feet to the POINT OI' BEGINNING of this description: thence North 67
degrees 20 minutes 51 seconds Last, a distance of 39.09 feet: thence North 89 degrees 35
minutes 04 seconds East, a distance oT290.54 feet to a northwesterly boundary of
af oresaid 1.506 acre tract: thence North 45 degrees 40 minutes 46 seconds Fast. along
aforesaid 1.506 acre tract, a distance of'28.84 feet: thence South 89 degrees 35 minutes
04 seconds West, a distance of'3I5.25 feet; thence South 67 degrees 20 minutes 51
seconds West. a distance of92.49 IecC thence North 89 degrees 21 minutes 34 seconds
Last, a distance o1`53.36 feet to the point of beginning. Containing 0.169 acres (7.374
square feet). more or less. Subject to all legal highways. rights -of =ways, easements and
restrictions ofrecord.
SURVEYOR'S STATEMENT
To the best of knowledge, information. and belief, this plat and legal description.
together with the Plat of Route SurvCy. recorded April 24. 2009 as Instrument Number
2009023606 in the Off ice of the Recorder of Hamilton County. Indiana (incorporated and
made a part hereof by relerCncC). comprise a route suryCr executed in accordance with
Indiana Administrative Code 865 IAC 1 12 12
DATE": E: August 26. 2009
\U14i1 ?ill /fl
`t�) 3
P"tee I of'�
l P, ImI I's nc Inr 107Ou" Ca, mcI- I061hstreetwater noun- tens,o""Esemew -P,I Iem p easeme nt doe
I
1
62 118 EXHIBIT "B"
OWNER: THOMAS W. BONNIE G. RILEY
DEED BOOK 337 PAGE 875
13 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00 -00- 14.001
i
32= 117-13-05-00-00-0114.000
S.W. COR. S.E. j OF
SEC. 5 —T17N —R3E
(RRS FOUND PER HCSO REFS)
40' WIDE BY 60' EASEMENT
TO INDIANA BELL TELEPHONE
12 INSTRUMENT NO. 200000034178
(NOTE: EXACT LOCATION UNKNOWN)
S.W. COR. OF S.E. j OF S.E.
SEC. 5 —T17N —R3E
(NO MON. FOUND:
CALCULATED CORNER) R IGHT OF WAY
FROM P01NT l_TO POWTF I_D_I _I
40' WIDE EASEMENT 1 1 23 (POB). 1 .2 _I I S89-01 29 k 2s1.ss
TO INDIANA GAS �.__?2?!___? N00'S8'13 "WI__16.50'__
INSTRUMENT NO. 12 _I X20 �N "w 38
1201 134
_N 88.1617 E1__17564'�
2001 0001 006 5 _1 124 N88'54'13 E 1_468.91'
3 4 124 123 {POB)_ S0038 22 "E 4339
PERMANENT EA SEMEN T
FROM P)INTI TO POINT BEAR DISTANC
1 6 3 1 123 1589'91' "W 557.75_
123 124 N00'3 "W_J' 43
12 125 P6 0) N89'21.34 "E I 14 9.97 =1
RIGHT OF WAY 125 N67'2 o'51 "E___39.09'
121 0.379 ACRES 12 7 131 N89 35'04 "E 290.54_
1 31 —I 130 S45'40'46 "W 19.56
(16,489 SQ. FT.)t 13 0 125 S89'21'34 "W 312.63'
12 TEMPORARY EASEMENT
(FROM POINTI TO P OINT_�EARING_ DISTANCE
63___ _I 123 _FS89 01'28 "w 557.75'_
1 1 2 4 IN0038'22 "W 43.29_'
12 1 24 1_125 (P N8921 34 E_I_ 149.9T
125 {POB)_ 127 I N67`20'51 "E
12 127__ 131 IN89'35'04 E 290.54'
131 129 I N 45'4 46 "E 2884
129 128 1989'35'04"_WI_ 3155 25
128 12 I S67 51 "W 92.4
126 125 �POB 1 N89' `34 "E 1 53.36'
126
25 POINT NORTHING EASTING1
54 1712433.8 37 L 177686.857
62_ 1709718.964 1_ 17 4973.415 J
63 17097 1 177680.082_
118 1 170 9781. T!7 1 17 6 32 6 .8 0 7
w 12 _1 17097 84.5 613 176477.547
121 1 1709767.584 I_ 176860.180
W 122 1709751. 1 _1
f
2 28 123_[_1709755.545 177122.413_
1 1709798 -J 1 77121.930
s 125 1709800.509 1 17 7271.890
o TEMPORARY EASEMENT 126= _i7o97_99.913� 17721a_531_
12'7 1 709815.564 177307_96 2
0.169 ACRES 128 .1'7 09835.53 5 _I 177303.887 1
(7,374 SO. FT.)t 129 170983 7.821_x- 77619.129 _1
E 1_130 _1709804.004 1_ 177584.501_
131f 1709 817.671 1_ 1 77598.49 5
X132
7097 42 .001 _001 176 326.748__)
PERMANENT EASEMENT L 134 '1- T76 978 9.86 1 i 176653.10 5_�
0.098 ACRES
(4,261 SQ. FT_)t
8 Z
100 0 50 100
129
1 inch 100 ft.
S.E. COR. OF S.E.
13 SEC. 5 —T17N —R3E N.E. COR. OF S.E.
63 131 (HARRISON MON. SEC. 5 —T17N —R3E
FOUND PER 54 (I.P. FOUND PER
c HCSO REFS) HCSO REFS)
777 W E S S L E R
EXHIBIT B
J.R.P. R.L.N.
CURRENT SHEET N0.
H.A.K.
oRnwNCSCnLE ASSOCIATES PART S.E. 1/4 S.E. 1/4 SEC. 5 -T17N -R3E
1"
PREPARED FOR: 10uLs EETs
PROJECT NUMBER THE CITY OF CARMEL, INDIANA
116707 2
LLAMAS
RILE
v
�r
317 66 6 it kv� v.J /ila
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
..Thomas W. Riley
Purchase Order No.
10800 Towne Road
Terms
Carmel, IN 46032
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
10/30/09 n/a ROW Acquisition 50,400.00
approved by Council Resolution CC- 07- 20 -09 -03
Total
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Thomas W_ Riley IN SUM OF
10800 To Road
Carmel, IN 46032
$50,400.00
ON ACCOUNT OF APPROPRIATION FOR
Department of Engineering
Board Members
PO# or INVOICE NO. ACCT #/TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
17789 n/a 2200-R4460500 50,400.00 materials or services itemized thereon for
which charge is made were ordered and
received except
�uvc�a GQQCovn_(\ C.cii.LV�C'i
1�e So1�.+;G�1 CC 0-4 GA 20 09 03
20
Signature
C �v� cL✓
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund