Main at US31 - Meridian Heights Associates (2)Project 14 -06
Parcel 1.3
RIGHT OF ENTRY
THIS RIGHT OF ENTRY ( "Right of Entry" or "Agreement ") has been executed thiaS
day of November, 2014 (the "Effective Date ") by MERIDIAN HEIGHTS ASSOCIATES, 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; on the north side of Main Street and more
particularly described in the deed recorded on April 3, 2014 as Instrument No. 2014012238 in the
Office of the Recorder of Hamilton County, Indiana; and
WHEREAS, Grantee is involved in a project to widen the right -of -way of Main Street
between Illinois Street and Old Meridian Street in Clay Township, Hamilton County, Indiana (the
"Project "); and
WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs to
acquire the fee simple title to a portion of the Grantor Parcel, which portion is more particularly
described on Exhibit A (the "Fee Parcel "), which is attached hereto and incorporated herein by this
reference; and
WHEREAS, Grantee is in the process of obtaining all necessary information to allow
Grantee to acquire the Fee Parcel, but Grantor and Grantee desire to enter into this Grant of Right
of Entry to allow Grantee to start on the Project until such time as Grantee acquires the Fee Parcel.
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 Fee Parcel 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.
Grantee shall obtain the required appraisals of the Fee Parcel and provide copies of such
appraisals along with an offer to acquire the Fee Parcel (which offer shall be based upon such
appraisals) within ninety (90) days following the date this Right of Entry is executed by both
parties (the "Offer Date "). Grantee agrees that subsequent to delivery of the offer by Grantor, and
prior to the filing of an eminent domain action, if Grantor requests clarification of the appraisals,
Grantee and Grantor shall jointly seek clarification from the appraisers. Grantee shall not
independently contact the appraisers. Any such contact shall occur with both Grantor and Grantee
present. Any such discussions shall be for the purpose of providing clarification of the appraisals,
and Grantee shall not have the right to depose, subpoena or submit written interrogatories to the
appraisers unless and until an eminent domain action is commenced and then only in accordance
with the Condemnation Act (as defined herein). Within sixty (60) days after the Offer Date, if the
parties have not reached agreement with regard to the purchase and sale of the Fee Parcel, Grantee
shall initiate an action to condemn the Fee Parcel through an eminent domain action brought by
Grantee pursuant to I. C. § 32- 24 -1 -1 et seq. (thc "Condemnation Act ") in the applicable Hamilton
Circuit or Superior Courts (the "Court") in accordance with the terms of the Condemnation Act.
In connection therewith, both parties shall stipulate to the right and authority of Grantee to acquire
the Fee Parcel and simultaneously with the filing of the condemnation action, shall jointly request
that the Court promptly proceed to appoint appraisers to determine appropriate damages in
accordance with I.C. § 32- 24 -1 -9 and Grantee shall promptly pay the amount of such damages to
the court as permitted by I.C. § 32- 24 -1 -10. Grantor agrees that it will allow Grantee to proceed
with the acquisition of the Fee Parcel from Grantor in accordance with applicable law.
In connection with the foregoing, Grantee shall proceed promptly with all necessary action
to acquire the Fee Parcel from Grantor, including exercising its right of eminent domain and
pursuing such eminent domain action diligently until such time as either an order of appropriation
for the Fee Parcel is entered by the court having jurisdiction thereof, or Grantor agrees to dismiss
such eminent domain action and executes a deed for the Fee Parcel. The parties agree to cooperate
and timely proceed in good faith under this Agreement and in any subsequent condemnation
action.
2. Additional Grantee Obligations. 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
the Fee Parcel until such time as the afore - mentioned order of appropriation or deed for the Fee
Parcel is recorded in the Office of the Recorder of' Hamilton County, Indiana.
4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful
owner of the Fee Parcel, that all approvals from Grantor and any other party with a right or interest
in the Fee Parcel 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, member, manager, 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 enter into this Agreement and to convey the Fee
Parcel; and that all necessary action for entering into this Agreement and for the making of such
conveyance has been taken and done.
5. 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
2
c/o Browning Investments, 6100 W. 96th Street, Suite 250, Indianapolis, Indiana 46278, Attention:
Jaime Browing 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.
6. 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 arc no promises or agreements between the parties
hereto other than those contained or referred to herein.
7. 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 in addition to all other recovery, damages
and costs.
8. Sevcrability. 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.
9. 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.
IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Right of Entry
as of the day first above written.
Approved and Adopted this-nay of f \Lyv�m , 2014.
GRANTOR:
MERIDIAN HEIGHTS ASSOCIATES, LLC
t mow NrNy 1NftsTM6"TS,Lie-
BY: 47--
Printed: Adh/s0 GM301/ ttUd
Title: CFO
3
GRANTEE-
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
g
Jalffes Brainard, Presiding Office�r
Date: :3S /Yp oa. 6e 4 O/ 9
Mary Ann 11irke, M m r � y
Date:
Lori S. Watson; Member
Date: V 171;/0/
ATTEST:
Dana Cordray, S
Date: /,
Sandra M Johnson
eputy Clerk For
lerk- Treasurer
Meridian Heights
Association, LLC
ri
a
L) AN'
,
W
Temp
Sewer
d
Gradii
a
P.I. 63 +00.28 "PR -F4"
Str. No. 141
Proposed R/W
Str. No. 142
Str. No. 146
I
60' R/W
Constr. Limits -r
Str. No. 1 3B
Str. No. 1
9.-AX
INSL
kART]
+P.T, (26.63)
60'
+29
80.0
asphalt
Str. No. 143A
o Existing R/W
E
(zo 'Line` "PR -F4
grass 20'
App. q )Section Line i
asphal
/l- Exist. App. R/W
Meridian Heights Assoc., LLC
r
MCRIDIAN lm, us
END PROJECT BY OTHERS
9r2 7'PR -F4” _
BEM CQNSTRUCTION r 1
44+79.2 /-PR -F4"
P.l.C. 48 +1528'[4'
\ 0 „- 4S*LSAl'P644
Main Street
1 \J
9T CHRIFITPIIEH9
EPISCOPAL. CHURCH
TIC
O
u1
F-7
ENO CONSTRUCTION
2490.00 5-2-A
MBAIDIANIILVDI/IN
ASSOCIATES, 14.0
P.O r. 51+11.66 i1 Pr
-two VW
UD
to
I
1
1
' \\ ` \\ rue_h
L_� - -I 1 1�
et1 u
rue I al ox
T. VINCENT
CAHMEL HOSPITAL
Meridian Heights Assoc. LLC
/
monr I /
1 IryrySLOW$AryIGP,-4/
PhxIXE1181'P� /OLD
VADRIDIAN
MAIN
11.10PERTIDS,
Ill:
w.
I ; 1r why
I 5 1 END PROJECT e.
I 654 -
1 T RG VAIN, LLC
I Z 4E7 < /
?
/- -IL 1.- T - -- -I . i , r:
�'. i' n I I I I'
3 =• '1 ff' A
I $ EpI WARD RASE
1 �I DVJELOPMEEENT 1
1 5 !Ai CLIMPANV, 111.0. 1 .1 i
1
I 1
I I
1_
I
r
1
I
DODIMERANG
DEVELOPMENT LLC
6
L
J
SEC 26, T 180,13E
QPY TOWNSHIP
Iw',ILTCN6VNry
LEGEND
Qrani P.
OM LAND
HOLDINGS, 144:
ENO PROJECT BY OTHERS
22450.00 "S -1.A"
BEGIN CONSTRUCTION
22150.00 "S-1-4'
CARMEL
J
CLAY 101NICAV
CITY OF CARMEL
PLAT NO. 1