P59a Right of Entry 126th - Mohawk AssociatesProject: Keystone Parkway
Parcel: 59
RIGHT OF ENTRY
This Right of Entry has been executed this -1Ykl day of
2008, by Mohawk 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, which Grantor Parcel is more
particularly described on Exhibit A attached hereto and incorporated herein; and
WHEREAS, Grantee is involved in a project to construct Keystone Parkway in
the City of Carmel, Hamilton County, Indiana (the "Project"); and
WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs
to acquire fee simple title to a portion of the Grantor Parcel which portion (the "Fee
Parcel") is more particularly described in Exhibit A attached hereto and incorporated
herein by this reference; and
WHEREAS, Grantor intends to execute a warranty deed (the "Deed") for the Fee
Parcel. but desires to enter into this Grant of Right of Entry to allow Grantee to start on
the Project until such time as the Deed is fully executed and recorded; and
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
foregoing Recitals, all of which are incorporated herein 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. Grantee shall temporarily forego the exercise of its right of eminent
domain with respect to the Fee Parcel because the parties believe that they
will mutually benefit by an extended time period within which to resolve
issues and continue negotiations. Grantor hereby grants and provides to
Grantee, its agents. contractors. subcontractors and employees the right to use
the Fee Parcel for any lawful purpose related to the Project including, but not
limited to. surveying, testing, moving dirt or ground, removal of dirt or
ground, landscaping, constructing the roadway and any other lawful purpose
in connection with the Project as would be permitted if the right-of-way had
actually been obtained.
2. Termination By Conveyance. Except as provided in Section 3 below, this
Right of Entry shall be irrevocable until such time as the Deed is recorded in
the Office of Recorder of Hamilton County, Indiana at which time this Right
of Entry shall terminate.
3. Termination by Order. Neither party hereto waives any of their rights with
respect to the Fee Parcel 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 is
issued by the applicable Court having jurisdiction regarding eminent domain
matters and such Order is recorded in the Office of Recorder of Hamilton
County, Indiana.
4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the
lawful owner of the Grantor Parcel and that there is no encumbrance or other
restriction upon Grantor providing this "Right of Entry" to Grantee.
5. Indemnification. Grantee shall indemnify, defend and save Grantor harmless
from any and all liability, loss, damage, cost, obligation and expense which
arises out of or results from any negligent act, whether of commission or
omission. of Grantee, its agents, employees, contractors. subcontractors.
licensees or others claiming by, through or under Grantee, occurring in or
about the Fee Parcel whether in the exercise of Grantee's rights hereunder or
in breach or excess thereof.
IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant
of Right of Entry as of the day first above written.
GRANTOR:
Mohawk Associates, LLC
l3,LC`( c N ANI tzs
GRANTEE:
The City of Carmel, Indiana
By:
Signature
_9 D
STATE OF INDIANA )
) SS:
COUNTY OF Yytq>(1Oy1 )
Before me, a Notary Public in and for said County and State; personally appeared
Mohawk Associates, LLC, By: gradiC1 . (,In&.rr 6
who acknowledged the execution of the foregoing Grant of Right of Entry and who
having been duly sworn acknowledged that any representations set forth therein are true
and correct.
Witness my hand and Notary Seal this
My Commission Expires:
e11,tne 11 7-01v
County of Residence:
nv
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
day of mCCArOrk , 2008.
INot&ry Public
5e,n Sa ►_tie
Printed
Before me, a Notary Public in and for said County and State; personally appeared,
the S. C. 6%i4r- of the City of Carmel, who acknowledged
the execution of the foregoing Right of Entry and who having been duly sworn
acknowledged that any representations set forth therein are true and correct.
Witness my hand and Notary Seal this 7 day of . 2008.
My Commission Expires:
Oa,. 02C, li
County of esidence:
Notgry PulSlic ��,��
t%iily 4- S74 A%
Printed
This instrument was prepared by . Attorney at
•
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 it is required by law.
After recording, return to:
59.ROE.wpd/RAH
EXHIBIT "A"
Project: 07-08
Parcel 59
Sheet 1 of 1
Fee Simple
A part of the Northeast Quarter of Section 3 I. Township 18 North, Range 4 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
North Quarter Corner of said Section 31; thence on and along the North line of said Northeast
Quarter, East 90 degrees 00 minutes 00 seconds 1011.17 feet to the West Right -of -Way of State
Road 431; thence along said West Right-of-Wav, South 00 degrees 03 minutes 55 seconds West
16.14 feet_ thence. South 67 degrees 03 minutes 20 seconds East 54.27 feet; thence; South 89
degrees 56 mimes 05 seconds East 200.00 feel: thence. South 38 degrees 59 minutes 10 seconds
Fast 16.08 feet (the foregoing portion of this description beginning with the words "Commencing at
the" is taken from Instrument Number 200600032874 in the Office of the Recorder of Hamilton
County) to the point of beginning of this description: thence South 38 degrees 50 minutes 15
seconds East 82.50 feet along the southwest boundary of the intersection of 126t Street (also known
as Mohawk Road) and Keystone Avenue (also known as S.R. 431) to the west boundary of said
Keystone Avenue; thence southerly 154.55 feet along an arc to the right having a radius of
19.001.59 feet and subtended by a long chord having a bearing of South I degree 07 minutes 05
seconds West and a length of 154.55 feet to Point "366" designated on said plat; thence North 15
degrees 28 minutes 15 seconds Wcst 98.68 feet to Point "367" designated on said plat; thence North
52 degrees 05 minutes 13 seconds West 193.72 feet to Point "368" designated on said plat; thence
North 89 degrees 51 minutes 05 seconds Wcst 407.81 to a northern line of said grantor's land;
thence North 82 degrees 42 minutes 40 seconds East 38.45 feet along said northern line; thence
South 89 degrees 51 minutes 05 seconds East 500.10 feet along a north line of said grantor's land to
the point of beginning and containing 0.346 acres, more or less.
All bearings in this description which are not quoted from previous instruments are based on the
bearing system for City of Carmel Project 07-08.
This description was prepared for the City of Carmel. Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 29th day of January. 2008.
\151111111 U ".1 / 11111p;1Ln,.
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c•.s`� eO,��t,'.l t' /14
c" •; STATE OF
4: !NDIAN.P.:'
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,,/
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERICAN
STRUCTUREPOINT
Mohawk Rd / 126th St 30 30
1011.17
SHEET 1 OF 3
0 200' 400'
SCALE: 1"=400'
42+00C 45+0016.14 54.27' 49+00
Line'S-7-E" / 200.00'
u)
co
1 47.35'
25.56
134.36
•• 1608
14.88' See Detail"A'
Sheet 2 of 3
116.92'
82.50
00
L_
L
1B
0
WATER LINE EASEMENT IN FAVOR OF
THE TOWN OF CARMEL
DEED RECORD 232, PAGE 218
547.78
N
545+00
540+00
535+00
Residue "A"
530+00
67.15'
122.33
85.04'
43.25'
0
3
168.12
1795.31
35.32'
525+00
200.42'
157.45'
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP
RANGE:
Mohawk Associates, LLC
59
07-08
Keystone Parkway
Hamilton
31
18 NORTH
4 EAST
DRAWN BY: JEM
CHECKED BY: TLM
INSTRUMENT NUMBER 200600032874, DATED JUNE 7, 2006
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERIcAri
STRUCTUREPOINT
INC
SHEET 2 OF 3
0
50'
100'
SCALE: 1"=100'
® Line "S -7-E"
Mohawk Rd / 126th St
353.27' 45+00
48+00
(376)-7
200.00'
16.08'
so,
5'727'
-16.14
369
114.88
Residue "A"
500.10'
367
366
Detail "A"
V//////A HATCHED AREA I5 THE APPROXIMATE TAKING
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP
RANGE:
Mohawk Associates, LLC
59
07-08
Keystone Parkway
Hamilton
31
18 NORTH
4 EAST
DRAWN BY: JEM
CHECKED BY: TLM
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND
OT CHECKED BY A FIELD SURVEY.)
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared For IThe City of Carmel
by: AMERICAN
STRUCTUREPOINT
IPoC
POINT REFERENCE CHART (Feet)
SHEET 3 OF 3
Point
North
East
Station
Offset
43
49
53
See Location Control Route Survey Plat
54
57
366
25867.3397
13932.4918
+PL(545+89.95)
R/W(86.75') Lt.
E
367
25962.4444
13906.1688
546+85
115' Lt.
E
368
26081.4793
13753.3334
47+30
55' Rt.
5-7-E
369
26082.7320
13270.6604
+PL(42+47.32)
55' Rt.
5-7-E
370
26137.7335
13270.5578
+PL(42+47.08)
0'
5-7-E
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control
Route Survey" recorded as Inst. No. 200200088040 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")
1/11/7
Tracy L. McGill Date
Reg. Land Surveyor No. LS20500009
State of Indiana
``i iill7iilil L 'nU(-CC c ,4
No.
1 `2000009;*
STATE OF 4,g
',J4YU°/„r'lyilllll"1i1�SUri\it, `• \'
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
OWNER: Mohawk Associates, LLC
PARCEL: 59
PROJECT: 07-08
ROAD: Keystone Parkway
COUNTY: Hamilton
SECTION: 31
TOWNSHIP: 18 NORTH
RANGE: 4 EAST
DRAWN BY: JEM
CHECKED BY: TLM
AMERICAN STRUCTUREPOINT, INC PROJECT NO
IN20030661
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.)
Sheet 1 of 1
By: J. Main
Date: 1/26/2008
AREA COMPUTATIONS
Chk'd.By:
PAR.: 59
PROJECT: 07-08
CODE:
Date:
TITLE AREAS
Instrument Number 200600032874 = 73-843
AC.
AC
AC.
EXCEPTIONS
_
Ac.
AC.
AC.
AC.
AC.
SUBTOTALS AREAS =
LESS TOTAL EXCEPTIONS =
TOTAL AREA =
73.843
TOTAL EXCEPTIONS =
73.843
EXISTING R/W -- CALCULATIONS
TOTAL R/W EXISTING =
PARCEL FEE SIMPLE AREAS
AC.
ac.
AC.
TOTAL AREA =
R/W EXISTING =
NET TOTAL AREA =
TOTAL F.S. AREA =
TOTAL P.E. AREA =
TOTAL RESIDUE AREA =
RESIDUE "A" =
RESIDUE "B" =
RESIDUE "C'' =
RESIDUE "D" =-
RESIDUE "E" =
73.843
59
0.346
73.843
0.346
F S.=
PARCEL EXCESS
0.346
LAND AREAS
73.497
73.497
E.L.=
F.S+E.L.=TOTAL F.S.=
0.346
PARCEL PERM. ESM'T AREAS
PARCEL
TOTAL P.E.=
PARCEL TEMP. R/W AREAS
Parcel 59 Closures.txt
Parcel name: 59 fee
North: 26086.1193
Line Course: 5 38-50-15 E
North: 26021.8578
curve Length: 154.4891
Delta: 0-27-57
Chord: 154.4891
Course In: N 89-06-54
RP North: 26315.3478
End North: 25867.3985
Course: N 15-28-15 w
North: 25962.5033
Course: N 52-05-13 W
North: 26081.5383
Course: N 89-51-05 W
North: 26082.5960
Course: N 82-42-40 E
North: 26087.4749
Course: 5 89-51-05 E
North: 26086.1777
Line
Line
Line
Line
Line
Perimeter: 1475.8113
Mapcheck closure - (uses
Error Closure: 0.0584
Error North: 0.05842
Precision 1: 25,269.7346
East
Length
13883.7702
82.5000
East :
Radius:
Tangent:
Course:
W Course Out:
East :
East :
98.6803
East : 13906.1703
193.7214
East : 13753.3349
407.8069
East : 13345.5294
38.4548
East : 13383.6734
500.1000
East : 13883.7718
Length:
Length:
Length:
Length:
Length:
13935.5071
19001.5900
77.2744
S 01-07-05 W
5 88-38-57 E
-5063.8162
13932.4930
Area: 15,051 Sg Ft 0.346 Ac.
listed courses, radii, and deltas)
Course: N 01-29-55 E
East : 0.00153
Parcel name: 59 Total Area
North: 26086.1193
Line Course: 5 38-50-15 E
North: 26021.8578
Curve Length: 154.4891
Delta: 0-27-57
Chord: 154.4891
Course In: N 89-06-54 w
RP North: 26315.3478
End North: 25867.3985
Curve Length: 1426.6982
Delta: 4-18-07
Chord: 1426.3432
Course In: N 88-38-57 W
RP North: 26315.3478
End North: 24443.6986
Line Course: 5 05-35-45 W
North: 23983.7012
Line Course: 5 10-32-57 W
North: 23835.6860
Line Course: 5 01-52-37 W
North: 23635.3735
Line Course: 5 05-35-45 W
North: 23478.6738
Line Course: N 89-50-59 w
North: 23483.3826
East 13883.7702
Length: 82.5000
East : 13935.5071
Radius: 19001.5900
Tangent: 77.2744
Course: 5 01-07-05
Course Out: 5 88-38-57
East : -5063.8162
East : 13932.4930
Radius: 19001.5900
Tangent: 713.6744
Course: 5 03-30-07
Course Out: 5 84-20-50
East : -5063.8162
East : 13845.3708
Length: 462.2000
East 13800.3014
Length: 150.5600
East : 13772.7370
Length: 200.4200
East : 13766.1726
Length: 157.4500
East : 13750.8196
Length: 1795.3100
East : 11955.5158
Page 1
w
E
w
E
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Course: N 00-03-40 W
North: 24664.0320
Course: S 89-49-47 E
North: 24662.4040
Course: 5 00-09-00 W
North: 24337.1951
Course: 5 59-39-58 E
North: 24202.5318
Course: 5 18-26-33 E
North: 24138.8305
Course: N 77-24-20 E
North: 24165.5044
Course: N 67-48-41 E
North: 24215.7440
Course: 5 15-37-43 E
North: 24133.8481
Course: S 20-54-18 W
North: 23889.4310
Course: S 11-43-43 W
North: 23562.6982
Course: S 15-36-21 W
North: 23521.0426
Course: 5 89-50-59 E
North: 23520.6016
Course: N 82-00-44 E
North: 23525.5098
Course: N 00-14-55 W
North: 23623.3888
Course: N 23-19-51 E
North: 23933.2926
Course: N 17-08-24 E
North: 24310.5108
Course: N 00-01-56 E
North: 24487.5808
Course: S 80-16-07 W
North: 24448.6229
Course: N 15-40-12 W
North: 2.5014.4704
Course: N 10-04-48 W
North: 25337.5453
Course: N 61-31-30 W
North: 25382.0666
Course: N 12-38-44 W
North: 25679.4243
Course: N 29-51-13 E
North: 25763.7605
Course: N 65-52-13 W
North: 25818.6874
Course: N 15-35-27 E
North: 25843.3070
Course: N 65-50-17 W
North: 25891.1643
Course: N 21-10-22 E
North: 26028.5675
Course: 5 68-49-38 E
North: 25828.6091
Course: N 26-54-05 E
North: 26009.9135
Course: N 50-31-05 E
North: 26072.8802
Course: N 82-42-40 E
North: 2.6082.5764
Course: N 82-42-40 E
Parcel 59 Closures.txt
Length: 1180.6500
East : 11954.2565
Length: 547.7800
East : 12502.0341
Length: 325.2100
East : 12501.1827
Length: 266.6400
East : 12731.3189
Length: 67.1500
East : 12752.5620
Length: 122.3300
East : 12871.9485
Length: 133.0300
East : 12995.1270
Length: 85.0400
East : 13018.0369
Length: 261.6400
East : 12924.6786
Length: 333.7000
East : 12856.8453
Length: 43.2500
East : 12845.2103
Length: 168.1200
East : 13013.3297
Length: 35.3200
East : 13048.3070
Length: 97.8800
East : 13047.8823
Length: 337.5000
East : 13181.5457
Length: 394.7500
East : 13297.8815
Length: 177.0700
East : 13297.9811
Length: 230.4800
East : 13070.8175
Length: 587.6900
East : 12912.0845
Length: 328.1400
East : 12854.6525
Length: 93.3800
East : 12772.5691
Length: 304.7500
East : 12705.8535
Length: 97.2400
East : 12754.2582
Length: 134.3600
East : 12631.6383
Length: 25.5600
East : 12638.5079
Length: 116.9200
East : 12531.8310
Length: 147.3500
East : 12585.0511
Length: 553.6231
East : 13101.3022
Length: 203.3047
East : 13193.2887
Length: 99.0300
East : 13269.7225
Length: 76.4252
East : 13345.5301
Length: 38.4548
Page 2
Parcel 59 closures.txt
North: 26087.4553 East : 13383.6742
Eine Course: 5 89-51-05 E Length: 500.1000
North: 26086.1582 East : 13883.7725
Perimeter: 12543.5339 Area: 3,216,612 Sq Ft 73.843 Ac.
Mapcheck closure - (uses listed courses, radii, and deltas)
Error Closure: 0.0389 Course: N 03-19-11 E
Error North: 0.03884 East : 0.00225
Precision 1: 322,454.8869
Page 3