Springmill/116th - Cunningham, EmmaProject 11-09
Parcel 10
RIGHT OF ENTRY
This Right of Entry has been executed this 22nd day of February, 2012, by Emma Lou
Cunningham ("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 B attached hereto and incorporated herein; and
WHEREAS, Grantee is involved in a project to extend Illinois Street 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 has executed a warranty deed (the "Deed") for the Fee Parcel and
desires to enter into this Grant of Right of Entry to allow Grantee to come onto the Grantor
parcel, beyond the area of the Fee Parcel in order to allow Grantee to relocate the boulders that
are currently located within the Fee Parcel.
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:
Grant. Grantor hereby grants and provides to Grantee, its agents, contractors,
subcontractors and employees the right to use the Grantor Parcel for the sole purpose
of moving the Grantor's boulders from the Fee Parcel onto an area of the Grantor
Parcel that is located outside of the Fee Parcel. However, this right of entry shall
preclude the Grantee, its agents, contractors, subcontractors, and employees from
exerting control over or entering upon or into any permanent structure situated on the
Grantor Parcel.
2. 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.
3. 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:
Emma Lou Cunningham
GRANTEE:
The City of Carmel, Indiana
By:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State; personally
appeared 5-n-nrna L.oc& CuA.evo;..31,.A�,;. , who acknowledged
the execution of the foregoing Grant of Right of Entry and who having been duly swom
acknowledged that any representations set forth therein are true and correct.
Witness my hand and Notary Seal this oda- day of Fe6ru9 2012.
My Commission Expires:
County of Residence:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Notary Public
Printed
STFPHFNJ KLINEMAN
Hamilton County
My Commission. Expires
;p,',¢ April 16, 2016
Before me, a Notary Public in and for said County and State; personally appeared
Sc E".5e1 k , the Di\rec (-or of rod .-dh'sfr-e,.f-;onof the City of Carmel, who
acknowledged the execution of the foregoing Right of Entry and who having been duly swom
acknowledged that any representations set forth therein are true and correct.
Witness my hand and Notary Seal this aytti. day of r dory , 2012.
My Commission Expires:
County of Residence:
71902_2.DOC/RAH
Notary Public
Printed
STEPHEN J. KLINEMAN
Hamilton County
My Commission Expires
April 16, 2016
EXHIBIT "A"
Project: 11-09
Parcel: 10 Fee Simple Sheet 1 of 1
Tax ID: 29-09-34-000-020.000-018
A part of Section 34, Township 18 North, Range 3 East, Hamilton County, Indiana and
being that part of the grantors' land lying within the right-of-way lines depicted on the attached
Right -of -Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at a point on the
south line of said section South 89 degrees 17 minutes 57 seconds West 439.57 feet from the
southeast comer of said section, said southeast corner being designated as point "9902" on said
plat, which point of .beginning is the southeast corner of the grantors' land; thence South 89
degrees 17 minutes 57 seconds West 191.20 feet along said south line to the southwest comer of
the grantors' land; thence North 0 degrees 00 minutes 16 seconds East 25.00 feet along the west
line of the grantors' land to point "635" designated on said plat; thence North 86 degrees 17
minutes 24 seconds East 191.59 feet to the east line of the grantors' land; thence South 0 degrees
00 minutes 16 seconds West 35.07 feet along said east line to the point of beginning and
containing 0.132 acres, more or less, inclusive of the presently existing right-of-way which
contains 0.048 acres, more or less.
This description was prepared for the City•of Carmel, Indiana by Jessica L. Stapleton, Indiana
Registered Land Surveyor, License Number LS20600032, on the 2nd day of November, 2011.
SIT B
ata Sour hundred tbrty-nim tiny"
. 57). font of tion Thirty-
�nea h�mdredtha feat (k39.57) ;loot of the Southeast soivor run -thence
fotr(3k) Eighteen . 18 Borth, of Banda Thraa '(3) =stake• caao
Sndnd nine Bides ( ) feat (191.2) to an ire ;
tt four
diningteen and two-tenthsfeet
the feet (4].9.35) to an iron stake;
-Loath Y� hundred nineteen andthirtT-fila hundredths
Slate Bast one hundred ninety one and.two-tenths feat (191.2) to an iron seeto the
theme guuth four hundred nineteen and thirty -fire hundredths (419.35)1.3 r as o
plaoe of bam
eing, containing one and eighty'-fonr.hundredtha'a �sr
in i{aellton County, Indiana