106th and Illinois - Kirk, John/EdithRIGHT OF ENTRY AGREEMENT
This RIGHT OF ENTRY has been executed this / day of a , 2010
by the undersigned John T. Kirk and Edith Kirk, husband and wife ("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
in Exhibit "A" & "B" attached hereto and incorporated herein; and
WHEREAS, Grantee is involved in a project to construct Illinois Street Improvements
Project (the "Project"); and
WHEREAS, the Project affects a Total Take of the Grantor Parcel and Grantee needs to
acquire fee simple title to the Grantor Parcel which portion (the "Fee Parcel") is more particularly
described in Exhibit "A" & "B" 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 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
roadway and any other lawful purpose in connection with the Project as would be permitted if the
right-of-way had actually been obtained. Grantee shall not cause damage to the Premises, except
the normal and reasonable construction disturbance associated with the project, and upon
completion of this work, shall promptly return the Premises to a condition that is equal to or better
than its condition prior to this grant of right of entry.
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 the 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 the 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 other claiming by, through or under Grantee, occurring in or about the
Fee Parcel whether in the exercise of Grantee's rights hereunder 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: GRANTEE:
John T. Kirk. Husband
The City of Carmel, Indiana
By:
Printed Name Printed Name
By al<Att /Vide/
Edith Kirk, wife
Printed Name
EXHIBIT "A"
Parcel: 1 Pec
Key No. 17-13-11-00-00-003.000
Sheet 1 of 1
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 Gast,
described as follows:
Begin at a point 990.0 feet East of the Northwest corner of the Northwest Quarter of
Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence
East on and along said North line 330.0 feet to a point; thence South parallel with the West linc
of said Northwest Quarter 660.0 feet to a point: thence West parallel with the North line of said
Quarter 330.0 feet to a point; thence North parallel with said West line of said Quarter Section
660.0 feet to the place of beginning, containing 5 acres, more or Tess.
The foregoing description was quoted from Decd Book 270 Page 76 in the Office of the
Recorder of Hamilton County. Indiana_
This description was prepared Mr the City of Carmel. Indiana
by Timothy J. Coontes, Indiana Registered Land Surveyor. License
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EXHIBIT "13"
RIGHT-OF-WAY PARCEL HAT
Prepared for The City of Cannel, Hamilton County, Indiana
by United Consulting (Job No. 10-413)
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330.0'
71; L \ / 990.0' /050 Street
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EXIST. R/L'./�/
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0 25 50 100
SCALE: 1'= 10O'
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OWNER KIRK, JOHN T., ET UX.
PARCEL 1
CODE
PROJECT ILLINOIS STREET
ROAD ILLINOIS STREET
330.0'
COUNTY : HAMILTON HATCHED AREA IS THE
SECTION : 11
TOWNSHIP : 17N.
RANGE : 3E.
APPROXIMATE. TAKING
DRAWN BY: R. P. KORNAUS 6-28-10
CHECKED BY: T. J. COMES 6-29-10
DEED RECORD 270, PAGE 76, DATED 06-19-1973
Dimensions shims um from the above luted Retied Docu,,,e,n