106th and Meridian - CIHS NEWCO, LLC 2014018015 MISC $34.00
05/15/2014 12:42:42P 12 PGS
�* Mary L. Clark
a - HAMILTON County Recorder IN
einA, Recorded as Presented
AITOMMMEAMMAIMINEME
treake
RIGHT OF ENTRY 711■V
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THIS RIGHT OF ENTRY ("Right of Entry" or "Agreement") has been executed this_
day ofJanuary, 2014 (the "Effective Date") by CIHS NEWCO. LLC ("Grantor") and THE CITY
OF CARMEL, INDIANA, an Indiana municipal corporation ("Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real estate (the "Grantor Parcel") located in
the City of Carmel. Hamilton County, Indiana; generally adjacent to US 31, on the south side of
106th Street; and
WHEREAS, the sole member of Grantor is Central Indiana Health System Cardiac
Services, Inc., an Indiana nonprofit corporation recognized as exempt from federal income
taxation by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3); and
WHEREAS, Grantee is involved in a project to construct a public improvement project
entitled Illinois Street Extension (the "Project"); and
WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs to
acquire both temporary construction easements and the fee simple title to a portion of the
Grantor Parcel, which portions are more particularly described in Exhibit A (the "Fee Parcel"),
AAI (temporary construction easement 7A), A-2 (temporary construction easement 7B) and AA=3
(temporary construction easement 7C) (collectively the -Temporary Construction Easements")
all of which are attached hereto and incorporated herein by this reference; and
WHEREAS, Grantor and Grantee have not concluded their negotiations with respect to
the acquisition of the Fee Parcel and the three (3) temporary construction easements, all of which
are described in Exhibits A, AAI A-2 and A-3 (collectively "Parcel 7"), but desire to enter into
this Right of Entry to allow Grantee to start on the Project until such time as the transactions
contemplated herein have been taken and done.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the foregoing
Recitals, all of which are incorporated herein by this reference 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. Grant. Grantor hereby grants and provides to Grantee, its agents, contractors,
subcontractors and employees the right to use Parcel 7 for any lawful purpose related to the
Project including, but not limited to, installation of public utilities, surveying, testing, moving
dirt or ground, removal of dirt or ground, landscaping, and constructing the roadway as would be
permitted if the right-of-way had actually been obtained.
2. Additional Grantee Obligations. With respect to Grantee's work on the Project
only. Grantee shall ensure that continuous and uninterrupted access, ingress and egress from and
to the Grantor Parcel by vehicles, including without limitation emergency vehicles, from and to
either Existing Illinois Street or Relocated Illinois Street, as shown on Exhibit B. shall be
•
maintained at all times during the construction of the Project. Grantee shall not cause damage to
the Grantor Parcel and, upon completion of any work associated with the Project, shall promptly
return the Grantor Parcel to a condition that is equal to or better than its condition prior to this
Right of Entry. Grantee further agrees to cause its contractor to furnish and keep in full force
and effect throughout the term of this Right of Entry reasonable and customary insurance
coverages.
3. Right of Entry Irrevocable. This Right of Entry shall be irrevocable with respect
to Parcel 7 until such time as the deed for the Fee Parcel (the "Deed") and the Temporary
Construction Easements are recorded in the Office of the Recorder of Hamilton County, Indiana.
4. Termination by Order. Neither party hereto waives any of its rights with respect
to Parcel 7 in the event negotiations fail and it becomes necessary for Grantee to institute
eminent domain proceedings via the filing of a condemnation complaint. In such event, however,
this Right of Entry shall nevertheless be irrevocable until such time as an Order of
Appropriation, under the terms of which Grantee acquires Parcel 7, is issued by the applicable
Court having jurisdiction regarding eminent domain matters and such Order is recorded in the
Office of the Recorder of Hamilton County, Indiana.
5. Warranty. Grantor, by executing below, hereby warrants that Grantor is the
lawful owner of Parcel 7, that all approvals from Grantor and any other party with a right or
interest in Parcel 7 have been obtained and that there is no encumbrance, restriction, agreement
or other circumstance which would prohibit Grantor from performing its obligations hereunder.
The undersigned person executing this Agreement on behalf of Grantor represents and certifies
that he is a duly elected officer, partner or representative of Grantor and has been fully
empowered, by proper resolution, consent or other action of Grantor, to execute and deliver this
Agreement; that Grantor has full capacity to convey Parcel 7; and that all necessary action for the
making of such conveyance has been taken and done.
6. Notices. All notices to be given hereunder by either party shall be in writing and
for purposes of this Agreement shall be either personally delivered or sent by certified or
registered mail or by a national package express service promising overnight delivery addressed
to Grantor at 10330 N. Meridian Street, Suite 400, Indianapolis, Indiana 46290, Attention: Real
Estate (with a copy of any notice to Tenant also being provided to Hall, Render, Killian, Heath &
Lyman, PC, One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282,
Attention: Robert A. I-Picks. Esq.), and to Grantee at One Civic Square, Carmel, Indiana, 46032,
Attention: City Engineer (with a copy of any notice to Grantor also being provided to City
Attorney, One Civic Square, Carmel, Indiana, 46032) or to such other person or address as may
be designated by either Grantor or Grantee by notice in writing. Notice shall be deemed given
and received when personally delivered or on the third (3rd) business day after deposited in the
U.S. mail or on the business day after deposited with the package express company.
7. General Agreement of Parties. All rights and obligations hereunder shall be
binding upon and inure to the benefit of Grantor and Grantee, their respective permitted
successors, assigns and legal representatives. This Agreement is executed under and shall be
construed in accordance with the laws of the State of Indiana and there are no promises or
agreements between the parties hereto other than those contained or referred to herein.
8. Attorneys' Fees. If Grantor or Grantee brings any action to interpret or enforce
this Agreement. or for damages for any alleged breach hereof, the prevailing party in any such
action shall be entitled to reasonable attorneys' fees and costs as awarded by the court in addition
to all other recovery. damages and costs.
9. Severability. In the event any part or provision of this Agreement shall be
determined to be invalid or enforceable, the remaining portion of this Agreement shall
nevertheless continue in full force and effect.
10. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
agreement. Signature pages sent by electronic means shall be fully binding on the parties.
11. Additional Issues. Grantor and Grantee acknowledge that as part of the on-going
negotiations with respect to Grantee's acquisition of Parcel 7, and subject to all legal
requirements and obtaining all necessary approvals, the parties will address issues related to the
possible vacation of Existing Illinois Street as it crosses the Grantor Parcel and the possible
exchange of additional property in lieu of certain payments due from Grantee for the acquisition
of Parcel 7.
[Signature page follows]
3
IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right
of Entry as of the day first above written.
Approved and Adopted this day of January, 2014.
GRANTOR:
CIHS NEWCO, LLC
BY: Central Indiana Health System Cardiac Services, Inc., its sole member
By: G , , J' /
Blake Dye, Chie'oministrative Officer
GRANTEE:
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety I ames Brainard, Presiding f
ing Officer
Date: �/c. //
\OCA cnO Sin+
Mary Ann Burke, Member
Date: a-5- 14-
Lori S. WatsoII,s Member
v
Date: /`j 1/-
i
IL//_%/4_ 9 • -
Liana Cordray, IMCA,, Clerk-Treasurer
Date: a -5- I -
I affirm, under the penalties for perjury, that I have taken reasonable care to
S ' 1 Security number in this document, unless required by law.
, Douglas C.4 Haney, Carmel City Attorney.
by Douglas-�ey
EXHIBIT A
FEE PARCEL
Project: 10-10
Parcel: 7 Fee
Key Co.: 29.13-11-000-036.015-023
A part of the Northwest Quarter of Section I I,Township 17 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 EXHIBIT`B",described as
follows: Commencing at the Northwest corner of said quarter section,designated as point"3"on •
• said parcel plat; thence along the north tine of said section North 89 degrees 09 minutes 45
seconds East 1,320.00 feet to a prolonged west line of the grantor's land;thence along said west
line South 00 degrees02 minutes 50 seconds-East 65.00 feet to the south boundary of 106Th
Street;thence along said south boundary North 89 degrees 02 minutes 48 seconds East 99.80 feet
to the western boundary of lllinois Street;thence along said western boundary the following
seven courses,(I)thence Southeasterly 89.59 feet along an arc to the right and having a-radius
of 79.00 feet and subtended by a long chord having a bearing of South 33 degrees 19 minutes 37
seconds East and a length of 84.87 feet;(2)thence South 00 degrees 50 minutes 15 seconds East
85.66 feet;(3)thence Southwesteriy 52.27 feet along an arc to the right and having a radius of
151.00 feet and subtended by a long chord having a bearing of South 09 degrees 04 minutes 47
seconds West and a length of 52.01 feet;(4)thence South 19 degrees 59 minutes 19 seconds
West 406.56 feet to said west ling of the grantor's land;(5)thence continuing South L9 degrees
. 59 minutes 19 seconds West 7.74 feet to a north line of the grantor's land and the point of
beginning of this description;(6)thence continuing South 19 degrees 59 minutes 19 seconds
West 331.19 feet;(7)thence Southwesterly 68.90 feet along an arc to the left and having a radius
of 295.00 feet and subtended by a long chord having a bearing of South 13 degrees 17 minutes
52 seconds West and a length of 68.74 feet to a west line of the grantor's land,designated as
point"287'on said plat;thence along said west line North 00 degrees 02 minutes 50 seconds
West 376.33 feet to said north line of the grantor's land,designated as point"288"on said plat;
thence along said north line North 89 degrees 12 minutes 00 seconds East 129.34 feet to the point
of beginning and containing 0.526 acres,more or less.
O:^i5T('•'4H��'
This description was prepared for the City of Carnal,Indiana by _ ti; ea >'m
a :20600004:
timothy J.Coomes,Indiana Registered Land Surveyor,License Number =
cg t-1roigaP:'
O,�
20600004,on the Z� day of t�!/r .2012. <b-1,410'
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page 1 of 3 //(�✓
5
RIGHT-OF-WAY PARCE! PLAT
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PARCEL COORDINATE CI TART
Point I Line Sta5on I Offset NORTH EAST
#3 --- --- --- ---
_ #522 ----
#523 ----
#525 'A" --- --- - ---- I ----
*527 A' ---- --- ---- I ---
*529 'A --- --- ---- I ---
#530 W
287 "PR-A. +039+2938) 8(70.65 LT.) 98676.0897 106071.3909
288 'PR-A +043+15.56) 1(64.01 LT.) 99052.4196 106071.0812
554 'PR-A0 P.O.T.(38+00.00) ---- • 98546.4683 106142.1524
555 "PR-A P.C.(12+14.70) — • 98961.1691 106141.8111
556 'PR-A PR.C446+11.02) 99336.5618 106032.2750
NOTE STATUS & OFFSETS CONTROL OVER 30TH HCR81 & EAST
COORDINATES AND BEARINGS & DISTANCES
* SEE LOCATICN CONTROL ROUTE SUINFY PLAT.
SURVEYOR'S STATEMENT
• To the best of my lambda and ballet the plot,together with the location Con of Route Survey. "11lrrirrr,rrr,
recurded as Instrument Number 2011051245 m the Office d the Recadu of Hamilton County. `vo�,� �, ir��
Indiana, ('mmperoted and more a pat hereof by reference) compose a Rade Sauey executed m
• =cordonce tut Indiana fEmhsboB It Code 865 418 1-12, Mt IY}
�ti e�G157;hf:o.. y_
Given undo my hand and seal 7/7ybz € • :20600004:
c- 2c si r or R\
Clionolowr
Rea§tned land S veyor Hi 21600004
Stele of Indiana
O1IN7t 805 NEED. a DRAWN 8f:, KL CARR 6-18-12
CHECKED B
PARCEL : 7 CHECKED T.J. COXES 6-19-12
• .CODE XS. NO. :
•
PROJECT : 10-10
ROAD : 00406$T.
COUNTY : WJCLION
SECTION : 11
TOWNSWP: 17N.
RANGE : 3E.
._o eon ire fem,0:den KW eat Oectta
page 3 of 3
EXHIBIT A - 1
• Temporary Construction Easement 7A
• Sheet 1 of 1
•
Project: 10-10
Parcel: 7A Temporary 11.1W for Drive Construction •
Key Co.: 29-13-11-000-036.015-023
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East, •
Hamilton County,Indiana,described as follows: Commencing at the Northwest corner of said
quarter section; thence along the north line of said section North 89 degrees 09 minutes 45
seconds East 1,320.00 fret to a prolonged west line of the grantor's land;thence along said west
line South 00 degrees 02 minutes 50 seconds East 65.00 feet to the south boundary of 10616
• Street;thence along said south boundary North 89 degrees 02 minutes 48 seconds East 300.09 '
• fret to the eastern boundary of Illinois Street thence along said eastern boundary the following
five courses,(I)thence Southwesterly 105.97 feet along an arc to the Left and having a radius of
• 104.99 feet and subtended by a long chord having a bearing of South 27 degrees 47 minutes 54
seconds West and a length of 10153 feet;(2)thence South 00 degrees 50 minutes 15 seconds
East 105.68 feet;(3)thence Southwesterly 98.50 feet along an arc to the right and having a
radius of 271.00 feet and subtended by a long chord having a bearing of South 09 degrees 34
minutes 32 seconds West and a length of 97.96 feet;(4)thence South 19 degrees 59 minutes 19 •
seconds West 703.48 feet;(5)thence Southwesterly 10.66-feet along an arc to the left and
having a radius of 175.00 feet and subtended by a long chord having a bearing of South 18
degrees 14 minutes 35 seconds West and a length of 10.66 feet to the point of beginning of this
description;thence South 59 degrees 24 minutes 17 seconds East 29.43 feet;thence South 00
degrees 02 minutes 50 seconds East 52.45 feet to a south line of the grantor's land;thence along .
south line South 89 degrees 57 minutes 00 seconds West 32.57 feet so the east boundary of .
Illinois Street;thence along said east boundary North 00 degrees 03 minutes 00 seconds West
17.61 feet;thence along said east boundary Northeasterly 50.54 feet along an arc to the right and
having a radius of 175.00 feet and subtended by a long chord having a bearing of North OS
degrees 13 minutes 26 seconds East and a length of 50.37 feet to the point of beginning and
containing 0.043 acres,more or less.
uuuu,q.
r G Rfo f�:
This description was prepared for the City of Carmel,Indiana by
• :20600004; •
• Timothy 1.Coomes.Indiana Registered Land Surveyor,License Number '
STATE OF
C9.iyO i ANY.: c•
20600004,on the ' day of ,/utt/ • .2011 #.,,, '",
page 1 of 1
8
EXHIBIT A - 2 .
Temporary Construction Easement 7B
Sheet 1 of
Project I0-10
Parcel: 7B Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-036.015-023
A pan of the Northwest Quarter of Section 1 I,Township 17 North,Range 3 East,
Hamilton County,Indiana,described as follows: Commencing at the Northwest corner of said
quarter section; thence along the north tine of said section North 89 degrees 09 minutes 45
seconds East 1,320.00 feet to a prolonged west line of the grantor's land;thence along said west
line South 00 degrees 02 minutes 50 seconds East 65.00 feet to the south boundary of 106m •
Street thence along said south boundary North 89 degrees 02 minutes 48 seconds East 99.80 feet
to the western boundary of Illinois Street;thence along said western boundary the following five
courses,(1)thence Southeasterly 8959 feet along an arc to the right and having a radius of 79.00
feet and subtended by a long chord having a bearing of South 33 degrees 19 minutes 37 seconds
• East and a length of 84.87 feet(2)thence South 00 degrees 50 minutes 15 seconds East 85.66
feet(3)thence Southwesterly 52.27 feet along an arc to the right and having a radius of 151.00
feet and subtended by a long chord having a bearing of South 09 degrees 04 minutes 47 seconds
-West and a length of 52.01 feet;(4)thence South 19 degrees 59.minutes 19 seconds West 236.19
feet to the point of beginning of this description;(5)thence continuing South 19 degrees 59
• minutes 19 seconds West 87.13 feet;thence Sduth 75 degrees 43 minutes 00 seconds West29.42
feet ro said west line of grantor's land;thence along said west line North 00 degrees 02 minues
• 50 seconds West 76.34 feet thence North 77 degrees 38 minutes 06 seconds East 59.74 feet to
. , the point of beginning and containing 0:075 acres,more or less. •
This description was prepared for the City of Camel,Indiana by : O��' 5T C
• _
:/c-' ea.:
Timothy J.Coomes.Indiana Registered Land Surveyor,License Number ' `206000041 • _`
• STATE 6
20600004,on the Z5'= day of Ivy ,2012. % �`• rryp!Aitt.. �`
/ 91,J SURD,
•
page 1 of 1
9
EXHIBIT A - 3 •
•
Temporary Construction Easement 7C •
•
Sheet 1 of 1
Protect: 10-10
Parcel: 7C Temporary RN✓for Drive Construction
-
Key Co.: 29-13-11-000-036.015-023
•
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
•
Hamilton County,Indiana,described as follows: Commencing at the Northwest corner of said
quarter section; thence along the north line of said section North 89 degrees 09 minutes 45
seconds East 1,320.00 feet to aprolonged west line of the grantor's land;thence along said west
•
line South 00 degrees 02 minutes 50 seconds East 65.00 feet to the south boundary of 1066
Street;thence along said south boundary North 89 degrees 02 minutes 48 seconds East 300.09
feet to the eastern boundary of Illinois Street;thence along said eastern boundary the following
four courses,(1)thence Southwesterly 105.97 fcei along an arc to the left and having,a radius of
104.99 feet and subtended by a long chord having a bearing of South 27 degrees 47 minutes 54
• seconds West and a length of 101.53 fret;(2)thence South 00 degrees 50 minutes 15 seconds - .
East 105.68 feet;(3)thence Southwesterly 98.50 feet along an arc to the right and having a
radius of 271.00 feet and subtended by a long chord having a bearing of South 09 degrees 34
minutes 32 seconds West and a length of 97.96 feet;(4)thence South 19 degrees 59 minutes 19
seconds West 147.39 feet to the point of beginning of this description;thence South 66 degrees .
50 minutes 39 seconds East 68.41 feet;thence South 00 degrees 19 minutes 49 seconds East
34.00 feet;thence South 89 degrees 54 minutes 06 seconds West 85.30 feet to said eastern
boundary of Illinois Street;thence along said eastern boundary North 19 degrees 59 minutes 19
seconds East 64.96 feet to the point of beginning and containing 0.084 acres,more or less.
•
This description was prepared for the City of Carmel,Indiana by ,`‘‘60,1.Sr`Oy%
ti�Qf'G RfO,-TntP
Timothy J.Coomes,Indiana Registered Land Surveyor,License Number = •
' c
• 120600004;
• STATE OF
20600004,on the ZS day of vvr•(i 2012. %< .!HDI PtAl=per;
SuR`1
page 1 of
10
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1
EXHIBIT 13
RIGHT OF ENTRY
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