Carmel Cemetary - Rangeline RoadRIGHT OF ENTRY AGREEMENT
n
This RIGHT OF ENTRY has been executed this i / day of 3.1.4\./(c_.., , 2008
by the undersigned Carmel Cemetery Association f/k/a Trustees of the Carmel Cemetery Company
("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 Range Line Road (Road
Improvements Project # 06-19 Range Line Road) (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" & "8" 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.
6. Damage. Damages that are made to the property during construction phase of the
project, the City of Carmel will hold the subcontractor responsible.
7. Fence. The City of Carmel has also agreed that during construction phase of the
project, a temporary fence shall be installed along the back edge of the
proposed right of way line to protect the remaining property from any
construction.
IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right
of Entry as of the day first above written.
GRANTOR:
Carmel Cemetery Association f/k/a Trustees
of the Carmel Cemetery Company
Eric Moffett, president
Printed Name
By (V/6�.
Todd Andrews, Secretary
GRANTEE:
The City of Carmel, Indiana
By: Mr-t-At_t_e-kjc
elht21L/Nlr?
Printed Name
EXHIBIT "A"
Parcel: 7 Fee
Sheet l of l
A part of the Southwest Quarter of Section 19, 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: Beginning at the Southwest corner of said section, designated as point "2" on said
parcel plat; thence along the west line of said section North 0 degrees 03 minutes 26 seconds
East 396.00 feet to the northwest corner of the property described in Deed Book 84, Page 290 in
the office of the recorder of Hamilton County, Indiana; thence North 89 degrees 08 minutes 01
seconds East 40.35 feet along the north line of said property to point "700" designated on said
plat; thence South 0 degrees 04 minutes 03 seconds West 114.81 feet to point "701" designated
on said plat; thence South 0 degrees 10 minutes 06 seconds East 264.67 feet to the north
boundary of 136`h Street, designated as point "705" on said plat; thence continuing South 0
degrees 10 minutes 06 seconds East 16.50 feet to the south line of said section; thence along said
south line South 89 degrees 08 minutes 01 seconds West 41.44 feet to the point of beginning,
containing 0.370 acres, more or less, inclusive of the presently existing right-of-way which
contains 0.202 acres, more or less, for a net additional taking of 0.168 acres, more or less.
This description was prepared for the City of Carmel. Indiana
by Timothy J Coomes, Indiana Registered Land Surveyor, License
Number 20600004, on the
MAtL1.“ , 2008
?et_ day of
\00n 1 u n r ni,.
.44.21 S7E,p�;�
- S
20600004'.• >
t. STATE OF
3 9N0 SUR- \‘'
DEED RECORD 84, PAGE 290, DATED 03-11-1903
DEED RECORD 340, PAGE 09, DATED 11-11-1983
DEED RECORD 340, PAGE 10, DATED 11-17-1983
0 25 50
SCALE: 1'= 1W
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PiT
Prepared for The City of Carmel, Hamilton County, Indiana
by United Consulting (Job No. 06-406)
73 P.O.T. 105+00.00 A"
rt
72 P.I. 102+81.67 A"
0
o
o� W% rt
/I
�//
o /
4
279.04'
279.03'
25/
OP.l. 20+00.00 "5 -1 -As
30 Rods
215.97
SHEET 1 OF 2
216.20'
SELL-OFF
RES. A
R/W
1DX?ST R/W
22+00 23+00 24+00
1 1 25+00
SMOKEY ROW ROAD (136TH STREET) 30 Rods
LINE S -1-A" (SECTION LINE)
\ P.O.T. 100+0000 r=
PO. Z 20+06.43 5-141
REVISED BY: K.I. CARR 3-25-08
OWNER :
PARCEL :
CODE
CARMEL CEMETERY ASSOCATION
DRAWN BY: J. A. ROWNGS 2-12-08
7 CHECKED BY: T. J. COOMES 2-18-08
PROJECT : RANGE UNE ROAD
ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD
SEOC 0 1WIMILTON AREA IS TAKING E
/� APPROXIMATE
TOWNSHIP : 18N.
RANGE : 4E.
Dimensions shown are from the above fisted Record Documents.
Point f Line
2*
72*
73*
EXHIBIT "B" (cont.)
PARCEL COORDINATE CHART
SHEET 2 OF 2
°S -1—A"
Stotion I Offset NORTH
EAST
°A"
700
701
705
°A"
"A"
°A"
"A"
103+96.55
P.I.(102+81.67)
&(35.00' RT.)
35.00' RT.
1726199.9439
+12(100+16.93)
35.00 RT.
1726085.1347
1725820.4617
199098.3002
199098.1651
199098.9425
NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES.
* SEE LOCATION CONTROL ROUTE SURVEY PLAT.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the °Location Control Route Survey"
(irecorded in Instrument No. 2007014151 in the Office of the Recorder of Hamilton County, Indiana,
ncorporated and mode a part hereof by reference) comprise a Route Survey executed
in accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 17). 00%ulllnn'i,
Given under my hand and seal
ti
TIMOTHY J. MESS
Registered Land Surveyor No. 2060000
State of Indiana
:20600004:
STATE OF
/, SUR \.\.
OWNER CARMEL CEMETERY ASSOCIATION
PARCEL 7
CODE .
PROJECT : RANGE UNE ROAD
ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD
COUNTY : HAMILTON
SECTION : 19
TOWNSHIP : 18N.
RANGE : 4E.
REVISED BY: K.I. CARR 3-25-08
DRAWN BY: J. A. ROLUNGS 2-12-08
CHECKED BY: T. J. COOMES 2-18-08
Dimensions shown ore Tram the above listed Record documents.