Rangeline Road - Johnes, RIchard/SHellyRIGHT OF ENTRY AGREEMENT
This RIGHT OF ENTRY has been executed this .la/ day of , 2008
by the undersigned Richard K. Jones and Shelly A. Jones, husband and wife ("Gran r") 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" & "13" attached hereto and incorporated herein; and
WHEREAS, Grantee is involved in a project to construct and improve Rangeline Road
(Road Improvements Project # 06-19 Rangeline Road) (the "Project"); and
WHEREAS, the Project affects the Grantor Parcel and Grantee needs to acquire fee
simple title to the Grantor Parcel; and
WHEREAS, Grantor intends to execute a warranty deed (the "Deed") for the Grantor
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 Grantor Parcel because the 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 Grantor 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, relocation of utilities and any other lawful purpose in connection with the Project as
would be permitted if the right-of-way had actually been obtained.
From and after July 1, 2008, Grantee, its agents, contractors, sub -contractors and
employees shall have the right to enter on the Grantor Parcel to facilitate the Project. Grantor
agrees that, until August 1, 2008, (i) Grantee shall use reasonable efforts to minimize
interference with Grantor's business on, or access to, the Grantor Parcel during normal business
hours, and to provide Grantor with reasonable notice of such interference; (ii) Grantee shall
maintain access to and from Rangeline Road to the building currently located on the Grantor
Parcel; and (iii) Grantee shall maintain the existing driveway, parking lot and parking spaces
paved and in their current location (collectively the "Access and Parking Area"). Neither
Grantee nor any utility company shall remove any paving from the Access and Parking Area
prior to August 1, 2008. No Grantee, utility or contractor vehicles, construction equipment or
construction materials will be parked or stored on the Grantor Parcel prior to August 1, 2008,
other than temporarily. The existing driveway accessing the Grantor Parcel (the "Existing
Entryway") will remain open until such time as Grantee needs, in Grantee's sole and reasonable
opinion, to relocate the Existing Entryway to facilitate the Project; but in no event earlier than
August I, 2008. When Grantee relocates the Existing Entryway, Grantee shall provide an
alternate way for Grantor to access the Grantor Parcel until September I, 2008. After September
I, 2008, Grantee shall not be required to provide access to the Grantor Parcel or any Access and
Parking Areas for Grantor's benefit.
From and after August I, 2008, Grantee may continue Project related activities.
Additionally, utility companies planning to relocate their facilities across the Grantor Parcel shall
have the right to enter on the Grantor Parcel for the purpose of installing such relocated facilities.
Grantee shall require these utility installations to be done in a manner that does not interrupt,
other than temporarily, Grantor's efforts to relocate Grantor's business, fixtures, equipment,
personal property, and other property from the Grantor Parcel. Utility relocations shall be
coordinated with Grantor to minimize disruption of such activities of Grantor.
After September I, 2008 Grantee may use the Grantor Parcel for any of the activities
described herein, including demolition of the existing building.
None of the foregoing restrictions shall apply to any portion of the Grantor's Parcel
which is currently public right-of-way.
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 Grantor 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
which prohibits Grantor from 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 Grantor Parcel whether in the exercise of Grantee's rights hereunder or about the
Grantor 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:
The City of Carmel, Indiana
Richard K..lones.husband
Printed Name
By:
Shelly A Jones. Wife
Printed Name
( e -e, -r
e. Cs et,L,tJ�
Printed Name
EXHIBIT "A"
Parcel: 11 Fee
Sheet 1 of 1
A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 18 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN, IN
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID HALF -QUARTER SECTION BEING
NORTH 0°00'00" EAST (ASSUMED BEARING) 811.00 FEET FROM THE SOUTHWEST
CORNER OF SAID HALF -QUARTER SECTION AND ON THE CENTERLINE OF LITTLE
COOL CREEK; THENCE NORTH 0°0'00" EAST ALONG SAID WEST LINE 100.00 FEET;
THENCE NORTH 89° 52'07" EAST 235.82 FEET TO A 3/4 INCH IRON PIPE (FOUND) ON THE
NORTHWESTERLY LINE OF THE FORMER INDIANAPOLIS NORTHERN TRACTION
COMPANY, INC. THENCE SOUTH 46°37'20" WEST ALONG SAID NORTHWES 1 LRLY LINE
86.28 FEET; THENCE SOUTH 41 °08'30" WEST ALONG SAID NORTHWESTERLY LINE
45.00 FEET TO THE CENTERLINE OF LITTLE COOK CREEK; THENCE (THE REMAINING
COURSES BEING ALOND SAID CENETERLINE OF LITTLE COOL CREEK) SOUTH
62°14'57" WEST 9.21 FEET; THENCE SOUTH 70°03'35" WEST 28.61 FEET; THENCE
SOUTH 81°44'57" WEST 23.82 FEET; THENCE NORTH 85°26'33" WEST 22.93 FEET;
THENCE NORTH 66°39'28" WEST 16.99 FEET; THENCE NORTH 78°41'45" WEST 22.19
FEET; THENCE SOUTH 83° 27'33" WEST 24.82 FEET TO THE POINT OF BEGINNING.
This description was prepared for the City of Carmel, Indiana
by Timothy J. Coomes, Indiana Registered Land Surveyor, License
Number 20600004, on the I $ — day of
fag ronr , 2008.
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SCALE: r= 60'
EXHIBIT "B" SHEET 1 OF 1
RIGHT-OF-WAY PARCEL PLAT
Prepared for The City of Carmel, Hamilton County, Indiana
by United Consulting (Job No. 06-406)
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SECI7ON LINE
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921 Coal Creek
of Little
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, Indiano,
(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'). ///
i‘
Given under my hand and seal
tis cie
TIMOTHY% COOLIES
Registered Land Surveyor No. 206* *04
State of Indiana
ate
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STATE OF .
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OWNER : JONES, RICHARD K. ET UX
PARCEL : 11
CODE .
PROJECT : RANGE UNE ROAD
ROAD : RANGE UNE ROAD
COUNTY : HAMILTON
SECTION : 19
TOWNSHIP : 18N.
RANGE : 4E.
HATCHED AREA IS THE
APPROXIMATE TAKING
DRAWN BY: J. A. ROWNGS 2-18-08
CHECKED BY: T. J. COOMES 2-18-08
INSTRUMENT NO. 200000011368, DATED 3-07-2000
Dimensions shorn are from the above listed Record Documents.