11617 Rosemeade - Sherry Haston Agreement to Retain/Remove Building0
APPROVAL AND AUTHORIZATION
APPROVED AS TO FORM
WHEREAS, Sharry D. Haston has executed the foregoing Agreement to Retain and Remove
Building ("Agreement") related to Parcel 37 on Project STP -B886, 116`h Street from Rangeline Road
to College Avenue.
WHEREAS, the City of Carmel, Indiana, is of the opinion that this Agreement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works
and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana,
approves the Agreement and authorizes the appropriate City of Carmel personnel to execute the
Agreement and further to take whatever actions are necessary to accomplish the intent of the
Agreement.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY
/eft-/
es Brainard Presiding Office
e
Ma
Date:
A
fine,
An : urke, Member
O
Lori Watson, Member
Date: 1
7 O
ATTES
•
Sandra M.JohnsOf,
Clerk for
Dina Cordray, M Cher reasurer
Date: IA�0
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.
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PROJECT: STP -B886
PARCEL: 37
COUNTY: Hamilton
AGREEMENT TO RETAIN AND REMOVE A BUILDING
THIS AGREEMENT, made thisc2a4tday of✓ / , 2004, by and between the City of
Carmel, acting by and through its Board of Public o rks and Safety, hereinafter sometimes referred to as
"CITY" and Sharry D. Haston whose address is 11617 Rosemeade Drive, in the City of Carmel, County of
Hamilton, State of Indiana, Social Security Number , hereinafter sometimes referred to as
"OWNER".
The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein,
agree as follows:
1. That the CITY requires certain real estate described, to wit:
SEE EXHIBIT "A"
hereinafter sometimes referred to as "PREMISES".
2. That on said PREMISES there now exists certain property to which OWNER now claims a legal
or equitable interest with said property being described as follows:
SEE EXHIBIT "B"
hereinafter sometimes referred to as "PROPERTY".
3. Both parties stipulate to the need for the removal of the PROPERTY from the PREMISES, and
the OWNER wishes to retain possession of the PROPERTY.
4. OWNER hereby understands and agrees to remove the PROPERTY from the PREMISES within
® 120 calendar days from the receipt of payment for the aforementioned real estate. Said removal process
includes, but is not limited to, all combustible materials and other rubbish such as shrubbery and trees, which
have been cut or uprooted to facilitate moving operations. Furthermore, OWNER is to leave, if anything, only
concrete flatwork on the PREMISES. Any excavation to facilitate moving of improvements or removal of
shrubbery, trees or fences shall be refilled and leveled during the time period stated above. Said removal
process includes not only the items categorized as PROPERTY, but the representative items listed in paragraph
2 and all items which are natural consequence of the removal process or are reasonable foreseeable by the
parties.
5. OWNER hereby understands and agrees that the removal of the retained structure necessitates
following the Asbestos NESHAP Inspection and Removal Requirements, latest version. CITY shall not be
liable for any fees pertaining to the inspection or the removal of asbestos from the retained structure, or any
fines levied for failure of required notifications, and OWNER agrees to hold CITY harmless from and against
any and all claims for liability and damages emanating therefrom.
6. Forty -Eight (48) hours prior to removal of the structure, the OWNER shall contact the Carmel
City Engineer.
All work must be done under the observation of the City Engineer. Before the faithful
performance bond described in paragraph 8 will be released, the City Engineer must accept the site from where
the structure has been removed and sign the release form attached to this agreement.
The OWNER shall be responsible for backfilling the crawl space and/or basement according to
the following specifications:
a. Remove all fixtures and appliances such as furnace, water heater, etc., from
basement or cellar. Concrete and other debris shall not be discarded in basement.
b. All drains shall be sealed with concrete.
c. Basement floor shall be broken.
d. Basement or crawl space walls shall be demolished and removed down to a point
two feet below ground level or subgrade elevation, whichever is lower.
e. Basement or crawl space shall be backfilled with "B" Borrow (Pit run gravel).
f. Basement must be filled same day structure is removed.
7. OWNER shall only have the right to remove the PROPERTY and related matters stated herein,
and shall enjoy no other rights upon the PREMISES.
8. In consideration for the CITY's potential loss, damages and dilemma of having OWNER refuse
or neglect to remove the PROPERTY from the PREMISES, the parties hereby mutually understand and agree
the OWNER shall tender and CITY shall accept from OWNER the sum of $15,000.00, which sum shall be in
Man amount sufficient to permit CITY to retain adequate services to perform the stated removal of the
PROPERTY from the PREMISES, and payment for other damages occasioned by and because of non-
performance of OWNER by cashier's check, certified check, or other means acceptable to the CITY, payable to
the City of Carmel on the execution date of this agreement. Upon the faithful performance of OWNER of her
duties under this Agreement, said sum shall be returned to her on or before 30 calendar days following the time
period stated above in paragraph 4.
9. It is expressly understood and agreed between the parties that OWNER shall not commence the
removal process until the tender pursuant to paragraph 8 has been accepted by the CITY.
10. If OWNER refuses or neglects to remove PROPERTY from the PREMISES within the state time
periods herein, OWNER shall be considered defaulted on the Agreement, shall forfeit the entire sum stated in
paragraph 8 as actual and liquidated damages, and the CITY shall have the expressed authority to remove the
PROPERTY from the PREMISES without incurring any liability to OWNER.
11. If OWNER refuses or neglects to perform any other stated duties under the terms of this
@Agreement, then the terms of paragraph 10 shall govern such breach of this Agreement.
12. OWNER understands and agrees to assume and does hereby assume all liability for injuries to
persons or property while removing the items referenced in paragraph 2, and agrees to save the CITY harmless
from and against any and all claims for damages emanating therefrom.
13. OWNER is solely responsible for securing and complying with the requirements of all necessary
zoning, building and moving permits and licenses. The CITY accepts no responsibility for the requests or
granting of these permits or licenses.
IN WITNESS WHEREOF, the said parties have caused their signatures to be affixed by the appropriate
official(s) or person(s) on the date first written above in the City of Carmel, State of Indiana.
STATE OF i—,tics)
COUNTY OF ft'&%is.,.).
BY:
CITY:
Ch V of Ce, &PIC/
/0i 114
/f9MCS Bfri9//Uy/10
Printed Name
Title
NOTARY'S CERTIFICATE
® Before me, the undersigned, a Notary Public in and for said County and State, personally appeared
Sharry D. Haston being first duly sworn by me upon her oath, states that the terms and conditions in the
foregoing Agreement are true. �l
Signed and sealed this Z- day of �/ltitl f , 2004.
My Conunission Expires:
6 , 0009
Notary Public a.4 a1)1, Ad -Taal
Printed Name
ANGELA M. BROMSTRUP
MARION COUNTY
My Commission Expires
January 15, 2009
County of Residence:
NOTARY'S CERTIFICATE
STATE OF 12wh.-w, )
COUNTY OF 7shm 1&.
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared
cZq,n4S &,-,Ai,✓,9e,O being first duly sworn by me upon pt oath, states that the
terms and conditions in the foregoing Agreement are true. Ass
Signed and sealed this day of V yin C. , 2004.
My Commission Expires: 026, oto//
County of Residence:dnyo„�
0
Notary Public
Printed Name �/✓q/ L SSoA ���'
•
•
EXHIBIT "A"
Project: STP -B886( )
Parcel: 37
Sheet 1 of 1
Fee Simple
A part of the Southeast Quarter of Section 36, 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 as Exhibit "B", described
as follows: Commencing at the southeast corner of said section, designated as point "515" on
said parcel plat; thence South 89 degrees 50 minutes 14 seconds West 449.047 meters
(1,473.25 feet) along the south line of said section to the prolonged east line of the grantor's
land; thence North 0 degrees 50 minutes 41 seconds West 8.535 meters (28.00 feet) along said
prolonged east line to the southeast corner of the grantor's land and the point of beginning of
this description, which point is on the north boundary of 116th Street: thence South 89 degrees
50 minutes 14 seconds West 26.524 meters (87.02 feet) along the boundary of said 116th
Street to the southwest corner of the grantor's land; thence North 0 degrees 50 minutes 41
seconds West 14.327 meters (47.00 feet) along the west line of the grantor's land; thence
North 89 degrees 50 minutes 14 seconds East 26.524 meters (87.02 feet) to the east line of the
grantor's land; thence South 0 degrees 50 minutes 41 seconds Fast 14.327 meters (47.00 feet)
along said east line to the point of beginning and containing 380.0 square meters (4,090 square
feet), more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. 50148, on the
21''d day of November, 2001.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
rt N1. G4,
fr Fo _fes
7 4 STATE OF %�O
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 37A Temporary R/W for Building Removal
A part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the southeast corner of said
section; thence South 89 degrees 50 minutes 14 seconds West 449.047 meters (1,473.25 feet)
along the south line of said section to the prolonged east line of the grantor's land; thence
North 0 degrees 50 minutes 41 seconds West 22.862 meters (75.00 feet) along said prolonged
east line and along the east line of the grantor's land to the point of beginning of this
description: thence South 89 degrees 50 minutes 14 seconds West 26.524 meters (87.02 feet)
to the west line of the grantor's land; thence North 0 degrees 50 minutes 41 seconds West
20.341 meters (66.74 feet) along said west line; thence North 89 degrees 50 minutes 14
seconds East 26.524 meters (87.02 feet) to the east line of the grantor's land; thence South 0
degrees 50 minutes 41 seconds Fast 20.341 meters (66.74 feet) along said east line to the point
of beginning and containing 539.5 square meters (5,807.0 square feet), more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the
2°" day of November, 2001.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
0
0
6
PARCEL: 37
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: HASTON, SHARRY D.
INSTRUMENT NO. 9126673 DATED: 8-30-91
INSTRUMENT NO. 9341215 DATED: 7-23-93
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown at 20 meter intervals.
36
Lot 2
Lot 1
V)
za-
O e-
5 5 Z N
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O Oto
U U O
m z a
0 0
6 F ¢
21 cn
C.1 G 2
rn
O =
G4
Block "D"
116th STREET
560
n
0
N
M
0
DES. NO.:
DRAWN BY:
CHECKED BY:
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 10-28-01
J.R. RITTER, 10-31-01
Hatched area is the
approximate taking.
50'
100'
SCALE: 1' = 50'
R/W
0
566
N
1,473.25'
515
508
Line "PR -1"
• 'R%W�
This plot was prepared from information obtained from the recorder's office
and other sources which were not necessarily checked by a field survey.
31
PARCEL: 37
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT "B" SHEET 2 OF 2
RIGHT -OF --WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: HASTON, SHARRY D.
DES. NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 10-28-01
CHECKED BY: J.R. RITTER, 10-31-01
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
CENTERLINE
STATION
OFFSET
NORTHING
EASTING
128
"PR -1"
2.410.207
19.798 Lt.
4660.562
5416.535
141
"PR -1"
2.343.104
19.660 Lt.
4660.370
5349.169
508x
"PR -1"
2.009.481
3.200 Rt.
4636.563
5015.612
515
"PR -1"
2.818.967
0.000 Rt.
4638.861
5825.074
560
"PR -1"
2.009.460
0.000 Rt.
4639.763
5015.582
566
"PR -1"
2.390.002
0.000 Rt.
4640.843
5396.122
568
"PR -1"
2.409.998
0.000 Rt.
4640.767
5416.118
= See 'Location Control Route Su vey Plat'
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the 'Location
Control Route Survey Plat' recorded as Instrument No. 200000059060 in the
Office of the Recorder of Hamilton County, Indiana, (incorporated herein and
made a part hereof by reference) comprise a Route Survey executed in
accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12).
Farrar, Carvey & Associates, LLC
8925 N. Meridian • Indianapolis, IN 46260
(3171644-6900 * FAX (3171844-9158
J n M. Garvey
Reg. Land Surveyor No. S0148
State of Indiana
11-02-01
Date
0%0itrru000
`. ,; •'G15 TER •• 'i
No. 50148
i t.STATE OF A-
Re' -'d
336.884"A"
29.059
+342.862
/40 rn
+Ex.R/W
(343.104)
„Ex.R/W
(19.660
EXHIBIT A
62121 ISE
Temp. R/W for
Building Removal
Sharry D.
+345-5
STR. Nk? 94
-313.083"At'
22.860
J;
+PL 369.385
40 m
Inlet B-151& 20.4 m
of 300 mm Pipe Req'd.
INN MO
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V Exist. louse
/ 2 -Story Froriv\(
love IA
Surface Inlet
' .+344.782
• 10.2 m
;343.254"A"
8.534 ' •-
.33
cc,
SEC. 36, T1811/4
CLAY TOWNS
HAMILTON CO
Richard N.
+PL 369.627)
R/W(19.660)
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EXHIBIT B
4
PHOTOGRAPHS
Facing North Towards Permanent R/W Being Acquired from E. 116th Street
Facing Noro
in=Th
q5'
ac
Facing Northeast Towards Subject's Larger Parcel from East 116th Street & Rosemeade Drive