Harry Elliott - Rangeline RoadRIGHT OF ENTRY
199909967398
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 11-18-1999 At 01:38 pm.
MISC 29.00
APPROVED, A TO
FORM BY:
This RIGI-IT OF ENTRY IS GRANTED as of the ,7iL0 day of October, 1999 by Harry
C. Elliott, ("Grantor") to and for the benefit of the City of Carmel, Indiana, and its Rangeline
Road widening and related construction activities generally located north of the intersection of
Rangeline Road and 126111 Street, in the City of Carmel, Indiana ("Grantee").
1. Grantor, fee owner of the herein described real property (the "Premises"), hereby grants
to Grantee and its respective employees, agents and contractors, at no cost or expense to
Grantor, the right to enter upon any portion of the Premises which is required for the
purpose of performing any and all duties necessary to undertake and complete the
following:
Construction of South Rangeline Road improvements, as
illustrated on attached Exhibit "A"
2. The Premises are more fully described as the following:
As illustrated and described on attached Exhibits A. B, incorporated herein by
reference.
Grantee shall protect, indemnify, hold harmless and defend Grantor from and against any
and all loss, cost, damage, expense, demand, claim, suit or other liability, including but
not limited to reasonable attorneys' fees because of bodily injury, including death at any
time resulting therefrom, or property damage which results from the acts of the Grantee,
its employees, agents or contractors, while on the Premises pursuant hereto.
4. Grantee shall not cause damage to the Premises, except the normal and reasonable
construction disturbance associated with the purposes for which this Right of Entry is
granted, and shall, at the appropriate time in the project's construction schedule, return
the Premises to as close to the condition that it was in prior to the grant of this Right of
Entry as is reasonably possible. Grantee shall take reasonable efforts to ensure that the
construction within the Premises pursuant hereto is staged such that it will not
unnecessarily restrict ingress/egress to the Premises.
This right of entry shall remain in effect until the closing of sale of the Premises by
Grantor to Grantee. This Right of Entry is an accommodation from Grantor to Grantee
and its existence shall not be interpreted to limit in any way the rights of either party tout)
seek available remedies at law or equity.
IN WITNESS WHEREOF, Grantor has executed and deliveredthis instrument as of the
day and year first above written.
GRANTOR:
X41- ca¢P
cu.-/ ( L.Aw.•tNcc E Lawi.cfn QHS -,,.4 L4
Harry C. Elliott uNdk- Gcr.41L. Oven 6lc PoA
hc..4-nt. QCA-3 InZ
ACCEPTANCE
GRANTEE
CITY OF CARMEL, INDIANA
By:.-<%e-
Its:
y:_C e-.�'d� c EI�/1ti
Its: PPP . 49,10 ,n
This instrument prepared by Mary E. Solada, Attorney at Law, Bingham Summers Welsh &
Spilman, Indianapolis, Indiana 46204.
442344
Approved and Adopted this 3 day of NO RAW , 1999.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
t
A2
I es Brainard, Presiding Officer
ate: //' >- 9 7
Mary Ann Burke, Member
Date:
Billy \Iker, Member
Date: //-v3-99
ATTESTS ��
Diana Cor
Date:
11.100 ''3
'section
No. 11 & .4
for Intersection Lighting
See Street E-1
e9
�R' F. 1 100'
Frpo.;eiona R`e +50
rs 62
400Rs r =
50'1 I
FUIURE RLI/
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r
Noir and Fixture n
Relocate and Reconnect C. Wood
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j 4sr.Iwoa ♦ ac -Liar Block 1,1911mry If/INTeporIf/INklodular Olock h•: Ucl
(see DetaO 5nl'a. 407
HARRY C. ELLIOTT
a•C• C.+3 i J
♦e0 S'a. Ra. 105
Agin! Cost;ng to Grad
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Inlet I.I-10
Adjust Costing to Geode
Remove Exist. Inlet le Extend
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RANGE LINE ROAD
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EXHIBIT B
Project 126th Street Improvements
City of Carmel
Hamilton County, Indiana
Parcel 15A Temporary Right of Way
Page 1 of 1
A part of the Southeast Quarter of Section 25, Township 18 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: Beginning on the south line of said quarter section South 89 degrees 12
minutes 13 seconds West 50.03 feet fro= the southeast comer of said quarter section,
designated as point "210" on said plat; thence South 89 degrees 12 minutes 13 seconds West
10.00 feet along said south line to point "223" on said plat; thence North 7 degrees 33
minutes 27 seconds East 38.06 feet to point "259" on said plat; thence North 0 degrees 00
minutes 33 seconds East 270.00 feet to point "2003" on said plat; thence South S9 degrees 59
minutes 27 seconds East 20.02 feet to the west boundary of Range Line Road and point
"2001" on said plat; thence South 0 degrees 00 minutes 44 seconds West 13.00 feet along the
boundary of said Range Line Road to point "2010" on said plat; thence North 89 degrees 59
minutes 27 seconds West 15.02 feet to point "2002" on said plat; thence South 0 degrees 00
minutes 31 seconds West 294.59 feet to the point of beginning and containing 0.042 acres,
more or less.
•OQ�
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i LS 29800021)
STATE Of !1
Given under my hand and seal April 29, 1999
WOOLPERT LLP
This document was prepared for the City of
Carmel, Indiana by David E. Lauer, Indiana
Registered Land Surveyor, License Number LS
29800021, State of Indiana
This description was written from information obtained from the Recorder's Office and other
sources, which were not necessarily checked by a field survey.
G:\S V\Proj ects\55090\D est\ 15 A doc
EXHIBIT 0
Project 125th Street Improvements
City of Carmel
Hamilton County, Indiana
Parcel 15 Fee Simple
Page 1 of 1
A part of the Southeast Quarter of Section 25, Township 18 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: Beginning on the south line of said quarter section South 89 degrees 12
minutes 13 seconds West 35.03 feet from the southeast comer of said quarter section, designated as
point "222" on said plat, to the west boundary of Range Line Road and point "260" on said plat;
thence South 89 degrees 12 minutes 13 seconds West 15.00 feet along said south line to point "210"
on said plat; thence North 0 degrees 00 minutes 31 seconds East 294.59 feet to point "2002" on said
plat; thence South 89 degrees 59 minutes 27 seconds East 15.02 fcet to the west boundary of said
Range Line Road and designated as point "2010" on said plat; thence South 0 degrees 00 minutes 44
seconds West 294.38 feet along the boundary of said Range Line Road to the point of beginning and
containing 0.101 acres, more or less.
LS 29800021
STATE OF
OSUR`Jt-;,,,
Given under my hand and seal April 29, 1999
WOOLPERT LLP
This document was prepared for the City of
Carmel, Indiana by David E. Lauer, Indiana
Registered Land Surveyor, License Number LS
.29800021, State of Indiana
This description was written from information obtained from the Recorder's Office and other
sources, which were not necessarily checked by a field survey.
G:\SV\Projectsk55090\Desc\15.doc
200
EXHIBIT
RIGHT-OF-WAY PARCEL PIAT
PRE'ARFD FOR CITY OF CARMEL
PARCEL IS FEE SIMPLE
PON7
BEARING
DISTANCE
TO PONT
260
5 697;'7.;' W
7100'
210_
210
N 000,1 L
294.5
2002
2002
5 693? 2; E
1302
201
207
O00 44 W
294 36'
260
_5
AREA - +,+20 S F.
101 AIRES
PARCEL ISA TEMPORARY RIGHT OF WAY
PONT
BEARING
DISTANCE'
70 PONT
OFFSET
C
270
N 177051E45
__f�aM
2012
200/
5 89 X]<Yaliill'�Slill
5 £95044
i
20W�
527<
2001
5
A
Wilrl�VO
EEa<
olora 31
__
N /720516.32
AREA - 1828 0.0+2 Ai'
INSTRUMENT NO. 9338803
DEED RECORD 223, PACE 191
APP. EX. PROV. R/W
PANT REFERENCE CHART
ppm?
NOR TN
EAST
STATION
OFFSET
C
270
N 177051E45
E 199010.977
772447 62
,20.00 L
527<
222
N 172017.1;
A
7.
223
N /720516.32
E 199000.97
72+97.52.0.00
527<
259
N 1720354.05
5 19900197
73+33.00 k5500 L
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E
1
260
000
N 172046877
6
196994.1
72+30.00
6700 1.
52K
2007
N :720824.04
t 199026.03
76+05.00
34.98 L
52K
2002
N 1710911.05
E 199011.01
75+92.00
50.00 L
Six
7003
Ti 7720824.05
E 199016.02
76+0500
55.00 L
52w
2004
N 1720577.13
f 199060.97
72+9&09
0.00
52K
2005
N 7721779,04
C 79906;.06
79+00.00
0.00
52K
9013
N 1720538.26
E 199060.96
73+19.22
0.07 L
52x
2010
N 1710871.04
E 199026.03
75+92.00,34.98
L
six
APP. SOUTH UNE OF THE SE1/4
Station de offsets ore to control ober North & East Coordinates h
over Bearings k Distances.
All dimensions can be found in the recorded document.
This plat was prepared from information obtained from the Recorders
Office and other sources which were not necessarily checked by a
Field survey.
Subject to any and all easements conditions and restrictions of record.
J
cc
6.1
2
SE COR. SE I/4,
Soc. 25, T1rX., R.X.
SCALE I%.100•
100
SURVEYOR STATEMENT'
To the best of my knowledge and belief. this plat, together with the 'Location
Control Route Survey Plat' recorded on February O. 1999 es Instrument
/9909907329 In the Office of the Recorder of Hamilton County, Indiana
(Incorporated and made a part hereof by reference) comprise a Route Surrey
executed in accordance with Indiana Administrative Code 865 IAC 1-12. (Tule
127.
Certified this 29th day of April. 1999.
WOOLPXRT LIP
I
David & Lauer
Registered Land Surveyor no. LSZP800021
State of Indiana
QPQO15Tfq aFP
LS 29800021
STATE OF
Cl/Ild'iGg se
HATCHED AREA IS THE APPROXIMATE TAKING
Nig WOOLPERT LLP
/164 7140 w i.XWAR CAW
90IAHAPNS H 4626E
pit 317.299.7500
VIOOTPFRT
OWNER EWOTT, HARRY C.
PARCEL 15
PROJECT 126T1-1 STREET
IMPROVEMENTS
SECTION 25
TOWNSHIP 18 N.
RANCE 3 E.
COUNTY HAMILTON
DRAWN 8Y: T.E. DR 2-17-98
CHECKED BY: M.Y. TEM 2-17-98
GENERAL DURABLE POWER OF ATTORNEY
I, HARRY C. ELLIOTT, of Hamilton County, State of Indiana, being at Least 18 years of
age and mentally competent, do hereby create a general durable power of attorney under Indiana
Code §30-5 et seq. and do hereby designate LAWRENCE E. LAWHEAD, 13199 Ditch Road,
Carmel, Indiana 46032, telephone number (317) 846-6546, as my true and lawful attorney-in-
fact.
I. Powers
By this instrument, I confer upon said attomey-in-fact the following:
1. Authority to receive confidential information; to prepare, sign and file income tax
return forms 1040, 1040X, IT40 and IT4OX for the years 1990 through 2002; and to at any time
perform any and all other acts before the taxing authorities of any jurisdiction, including
specifically the execution of Internal Revenue Forms 2848 and 8821, the Indiana Department of
Revenue Power of Attorney Form 48 (or any successors thereto), and such other authorization
forms as may be necessary to carry out the purposes of this delegation of authority.
2. Authority under Indiana Code §30-5-5 et seq., including but specifically not limited to
each of the following:
(a) General authority with respect to real property transactions;
(b) General authority with respect to tangible personal property transactions;
(c) General authority with respect to bond, share and commodity transactions
excluding any authority to purchase puts, calls or commodities or to purchase any security
on margin;
(d) General authority with respect to banking transactions;
(e) General authority with respect to business operating transactions;
(f) General authority with respect to insurance transactions, excluding the
right to change the beneficiary of any policy insuring my life;
(g)
General authority with respect to beneficiary transactions;
(h) General authority with respect to gift transactions; however, this authority
shall exclude the power to make gifts to any person other than my spouse in excess of the
amount excluded from gifts under Section 2503(b) of the Internal Revenue Code of 1986,
as amended, or any successor code section thereto;
(i) General authority with respect to fiduciary transactions;
(j) General authority with respect to claims and litigation;
(k)
(1)
(m)
General authority with respect to family maintenance;
General authority with respect to benefits from military service;
General authority with respect to records, reports and statements;
(n) General authority with respect to estate transactions, including (1) specific
authority to add, at any time or times, any or all of the property owned by me to any trust
in existence for my benefit, provided that the income and principal of the trust shall either
be distributable to me or to the guardian of my estate or be applied for my benefit during
my lifetime and (2) specific authority to cause my resignation as a fiduciary, for example,
as trustee of any trust created by me;
(o) General authority to delegate in writing all or any of the authority granted
herein; and
(p) General authority to perform any and all acts and execute any and all
documents not herein excluded the same as I might do were I then present and competent.
3. Notwithstanding the foregoing, my said attorney-in-fact shall not have the right to do
any of the following:
(a) Without the express written approval of a court of competent jurisdiction,
make a will, codicil or trust for me; or
(b) Without the express written approval of a court of competent jurisdiction,
alter, amend or revoke my will or any codicil thereto or any trust in which I have an
interest as settlor, beneficiary or trustee.
4. My said attorney-in-fact may employ lawyers, investment counsel, accountants and
other persons to render services for or to me or my estate and to pay the usual and reasonable
fees and compensation of such persons for their services. My said attorney-in-fact may be
reimbursed for expenses but shall not be entitled to a fee for services provided.
II. Effective Date; Durability
This General Durable Power of Attorney shall become effective upon execution and shall
terminate on October 31, 1999.
III. Ratification of Acts; Binding Effect
All acts done by my attorney-in-fact pursuant to this power during any period of my
disability or incapacity shall have the same effect and inure to the benefit and bind me and my
successors in interest as if I were competent and not disabled.
All actions of my attorney-in-fact shall bind me and my heirs, distributees, legal
2
representatives, successors and assigns, and for the purpose of inducing anyone to act in
accordance with the powers I have granted herein, I hereby represent, warrant and agree that if
this General Durable Power of Attorney is terminated or amended for any reason, I and my
heirs, distributees, legal representatives, successors and assigns will hold such party or parties
harmless from any loss suffered or liability incurred by such party or parties while acting in
accordance with this power prior to that party's receipt of written notice of any such termination
or amendment or actual knowledge of my death.
IV. Revocation and Termination
I hereby reserve the right of revocation; however, this General Durable Power of
Attorney shall continue in full force and effect until:
(a) I have executed and recorded in the Recorder's Office of the County of my
domicile a written revocation hereof;
(b) I have delivered written notice of revocation to such persons or entities who
have relied upon this General Durable Power of Attorney or such persons or entities have
actual knowledge of my death; or
(c) October 31, 1999.
This General Durable Power of Attorney shall terminate upon my death.
V. Guardianship
In the event a judicial proceeding is brought to establish a guardianship over my person or
my estate, I hereby appoint Lawrence E. Lawhead to serve as guardian of my person and/or
estate, as appropriate.
VI. Health Care Power of Attorney
The provisions of any health care power of attorney or similar document which has been
executed by me and which has not been revoked or otherwise been made invalid shall control and
take precedence over the provisions of this instrument regarding my health care. In the absence
of a health care power of attorney or similar document containing provisions regarding my health
care, I confer upon said attorney-in-fact general authority with respect to my health care,
including without limitation the withholding or withdrawal of health care in accordance with
Indiana Code §§ 30-5-5-16 and 17.
3
S WHEREOF, I have hereunto set my hand and seal this 9 «/ day of
ef� 1999.
City of Residence: Carmel
County of Residence: Hamilton
State of Residence: Indiana
STATE OF INDIANA )
SS:
COUNTY OF Ee )
Before me, a Notary Public in and for said County and State, personally appeared
HARRY C FT .T IOTT who acknowledged the execution of the foregoing General Durable Power
of Attorney, and who having been duly sworn, stated that any representations therein contained
are true. /' J
Witness my band and Notarized Seal this ,7 day of (%('QfK , 1999.
BARBARA A LANNDRY
NOTARY PUBLIC SPATE OF INDIANA
HAMILTON COUNTY
MY COMMISSION EXP. JUNE 19,20 19
My Commission Expires
SignadiZi4 ,n&
ture
S rkrc 4t161/
Printed Name I
A Resident of
County
This instrument prepared by G. Weldon Johnson, JOHNSON LAWHEAD BUTH & POPE,
P.C., Suite 940, 8900 Keystone Crossing, Indianapolis, Indiana 46240-4633, (317) 848-5808.
4
City of Carmel
November 12, 1999
The Honorable Mary Clark
Hamilton County Recorder
Hamilton County Judicial Center
One Hamilton Square
Noblesville, IN 46060
Re: Right of Entry
Dear Ms. Clark:
I hereby certify the Carmel Board of Public Works & Safety approved the attached Right
of Entry (Harry Elliott) at its November 3, 1999 meeting.
I have enclosed a self addressed stamped envelope for you to send the recorded
documents back to my office. If you have any questions, please contact me at 571-2414.
Sincerely,
7(//l-.0 r
Diana L. Cordray
Clerk -Treasurer
Enclosures: Check # 78841 ($30.00) payable to the Hamilton County Recorder
Right of Entry
Self-addressed Stamped Envelope
ONECIVIC'SQUARE CARMEL. INDIANA 46032 317/571.2400
CeAtib 51L -5sq• 2 9z..
City of Carmel
February 28, 2000
Harry Elliott
620 S Rangeline Rd.
Carmel, IN 46032
Dear Mr. Elliott
Enclosed is an original of the Right of Entry approved at the November 3, 2000
Board of Public Works and Safety meeting. It was returned by the Hamilton
County Recorder on February 25, 2000. A photocopy of the recorded document is
also enclosed.
The original recorded document will stay on file in this office. If you have any
questions, please call our office at 571-2414 or the Recorder's Office at 776-9618.
Sincerely,
fr® C.
Robin L. Butler
Deputy Clerk
Enclosure
i,.. _ nom.. l: /:I::;r.-';t;..;R
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571-2400