Rangeline Road - Heartland Community Bankel
RIGHT OF ENTRY AGREEMENT
This RIGHT OF ENTRY has been executed this / Z day of W C2} 2008
by the undersigned Heartland Community Bank ("Grantor") d 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 ) (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" & "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, an 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:
Heartland Community Bank
Jacqueline E. McNeelan, Sr. VP & CCO
Printed Name
GRANTEE:
The City of Carmel, Indiana
By:
Printed Name
EXHIBIT "A"
Parcel: 10 Fee
Sheet 1 of 1
A part of the Southeast Quarter of Section 24, 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: Commencing at the Southeast corner of said section, designated as point "2" on said
parcel plat; thence along the east line of said section North 0 degrees 03 minutes 26 seconds East
814.02 feet to the southeast comer of grantor's land; thence along the southern line of grantor's
land South 85 degrees 02 minutes 55 seconds West 29.69 feet to the west boundary of Range
Line Road and point of beginning of this description; thence continuing along said southern line
South 85 degrees 02 minutes 55 seconds West 7.89 feet; thence continuing along said southern
line South 66 degrees 39 minutes 16 seconds West 45.93 feet to point "802" designated on said
plat; thence North 0 degrees 04 minutes 03 seconds East 25.62 feet to point "1200" designated
on said plat; thence North 26 degrees 04 minutes 15 seconds East 91.24 feet to point "1201"
designated on said plat; thence South 89 degrees 55 minutes 57 seconds East 10.00 feet to the
west boundary of Range Line Road, designated as point "1202" on said plat; thence along said
west line South 0 degrees 04 minutes 03 seconds West 88.68 feet to the point of beginning,
containing 0.074 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 €�` day of
4712-11. , 2008
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��.••'Gi§°ER
(20600004`:
STATE OF
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Dimensions shown are from the above listed Record Documents./
0 31 .5 75
150
SCALE 1'= 150'
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared for The City of Carmel, Hamilton County, Indiana
by United Consulting (Job No. 06-406)
®P. 112+10.90 A"
757.30'
Parcel B, 214.53• % ee 542.74'
s al take
n Ritter's H.P.R. x i,t0 TRACT 1 Real Estate
e� 5 �� i ?�5 3� a RES. A
b 6 6 1201
co 6\ ._� —207 -Utility Easement m Favor of th 7aim��—
N
75249 ,,
Parcel B, 8.2d — �—
Tract 2, in _ — TRACT 2 Real Estate
Ritter's N.P.R. a 75' Statutory Legal Drain Easement
0' 74.41'4454 101.88' 6g�$�18r 96.71 Bqg 09
Proper170.5tySubject to an ingress/Egress Easement per Instr.No. 20010002252237.58
Tract 1,
1202
SHEET 1 OF 2
;:!> ti
73 P.O. T 105+00.00 A"
P.1.
P.1. 20+00.00 'S -1—A"
P.O.T. 100+00.00 A"=
POT. 20+06.43
REVISIED BY: K. I. CARR 4-1-08
OWNER
OWNER : HEARTLAND COMMUNf1Y BANK
PARCEL : 10
CODE .
PROJECT : RANGE UNE ROAD
ROAD : RANGE UNE ROAD
COUNTY : HAMILTON
SECTION : 24
TOWNSHIP : 18N.
RANGE : 3E.
HATCHED AREA IS THE
APPROXIMATE TAKING
DRAWN BY: J. A. ROWNGS 2-25-08
CHECKED BY: T. J. COOMES 2-25-08
INSTRUMENT N0. 2007024518, DATED 3-08-2007
EXHIBIT "Jr (cont.)
PARCEL COORDINATE CHART
SHEET 2 OF 2
Point
Line
Station
Offset
NORTH
EAST
2*
"S -1—A"
----
----
----
----
73*
"A"
----
---
74*
"A"
----
----
---
802
'A"
+0107+92.38)
85.00' LT.
1726595.9105
198978.7659
1200
"A"
108+18.00
85.00' LT.
1726621.5299
198978.7960
1201
"A"
109+00.00
45.00' LT.
1726703.4828
199018.8924
1202
"A
109+00.00
t(35.00' LT.)
1726703.4710
199028.8924
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'
recorded in Instrument No. 2007014151 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').
Given under my hand and seal
efKof
afe
TIMOTHY J. COOMES 2
Registered Land Surveyor No. 20600004
Ste of Indiana
o�N ( J. coo%,
ig-c \STEREO ��
—
*'20600004•'
STATE OF
• D I 0P•y0��:
/9SURC-
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REVISED BY: K. I. CARR 4-1-08
OWNER : HEARTLAND COMMUNITY BANK
PARCEL : 10
CODE .
PROJECT : RANGE UNE ROAD
ROAD : RANGE UNE ROAD
COUNTY : HAMILTON
SECTION : 24
TOWNSHIP : 18N.
RANGE : 3E.
DRAWN BY: J. A. ROWNGS 2-25-08
CHECKED 8Y: T. J. COOMES 2-25-08
Dimensions shown are from the above listed Record Documents