Road Work/Mohawk CrossingAGREE~4ENT WITH RESPECT
TO ROAD !'iORK
THiS AGREE?',IENT executed as of the
by and among MOHAIqK CROSSI:WG, LTD., an
day of ", z?7_' 19',~8''-'
Indiana limited partnership
("e3[ohawk"), the CITY OF CAbXIEL, INDIANA, acting by and through
its Board of PUblic ~or_cs'r ~ ("City") and the HA~\~ILTON COUNTY BOARD
OF COt~.II, SSIONERS (The "Commissioners"),
WITNESSETH:
· ~VHEREAS, Mohawk is the legal or equitable owner of the real
estate in Hamilton County, Indiana, described in Exhibit A
hereto (The "Real Estate"); and
~HEREAS, ~4ohawk desires to develop the Real Estate as a '
residential subdivision and, in connection therewith, has
petitioned to have the Real Estate annexed to the Cit7 of Carme2;.
and
WHEREAS, the Real Estate ~s bounded on the west between 125th
Street and 131st Street by Gray Road (the "Road") which is part
of the county highway system maintained by the Commissioners; and
WHEREAS, the Real F~state is bounded on the south between
the; Road and the Carmel~ Junior High School by 126th S'tree~
(Tke'-"Street[')~ which is part of the city street system maintained
.... WHEREAS;' i~fohawk, the Ci'ty and the Commissioners degire to
oy~de fqr tt~g improvement of the Road and the Street in
7".'." ' ~-~'~nnection.wi,t~the development of"the. Real Estate;.,
mutual.covenants:, herein., conts:J~:ed, ~oha.wk'~ the. City and the~
· "~: :' Co~mJ)sgib~zezs agree~ as"'fo~l-ows,n :' ' ,.. ' ;. ~ ]. '. ~, ..;... · . -. ~','
' .....~1.' The' oad...' ' '. i . . ' '- ' · ' ·
· ~:.,"'. [a).:,}4ohawk shall, on or before the earlzer of [t) the'-
'- '":': 4hte.,it-co.encee development of re}idential lotg abutting the "'
. Road..or,(ii)]December ~1, 1980 [Th~,,"~ommencement Date"), pay the~
~: Cokt-'of' or -~ause,.,tot be,- azcompli:shea: the fA) widening, of the east' ~
. '" " hal. rjr. of'the...Roa&:tcr accommodate .twelve. fee-t' (12') of ps,v~ment, -'
~ v.. ,, ~4..i~.six (6)'fooz'~houl. der, [B)-:forming the requisft; orainage
:' '~ 'Road to- finisle~ grad.e, and-
ditshes on the. east 'side
-- · sca~i~y:[~ 'the) eas't hal'~"of'.the Roa&, . . ...... :, .:-':, ...'. · .~?.
(b). -~.,[ohawk sffall.;, on...or before the earlier' of (i) the
Rate it completes development of that portion of the Real Estate
that abuts the Road or (ii) December 51, 1982 (tlre "Completion
date"), pay the cost of or.cause to be accomplished the install_J--
tion of-a one inch (1") top coat of asphalt upon the easterly
twelve feet !12.!) of the Road.
(c) The Commissioners
Date, pay the cost of or cause
of the west hail of 'the Road to
shall, on or before the Commencement
ro be accompli'shed the (.{) widening
accommodate 'twelve.: feet (12')
pavement and a six (6) foot shoulder, (8) forming the requisite
drainage ditches on the west side of the Road and grading the
area abutting the west side of the Road to finished grade, (C)
scarifying the west haler'of the Road, and (D) installing three
inches (5") of asphaltic pavement and one (1") top on the entire
twenty-four feet (2g'j payement area of the Road,
(d) All work required to be done by ?4ohawk and the
Commissioners pursuant to. this Agreement shall be done in
accordance with the specifics'tions for construction of Hamilton
County secondary roads in effect on the date of this Agreement, -
(el At such time as >~oha~k and the Commissioners have
completed all work on the RoaJ required by this Agreement, the
City shall accep't the Road for maintenance by the .City.
2. The Street.
(a) At the time Mohawk commences development of the Re:
Estate or at such later time as the City shall specify, Mohawk
shall (i) widen the north side of the Street by three feet (3')
by installing a ~welve inch (12") stone base adjacent to the
existing pavement of the Street and (ii) clear the vegetation and
any fence~ which may be in.the existing north right-of-way of the
Street (which right-of-way is forty feet (40') north of the
centerline of the Street).
(b) If sufficient right-of-way ~s available therefor
and if the City so requests, Mohawk shall, at the t~me
uadertakes to widen the Street, install a passing blister on the
south sid'e.of ~the Street opposite the entrance to the Real Estate·
(c)
Mohawk of the
such widened
The City shall,
wideaing of'the
area.to be paved.
immediately uoon comole'tion of
north side of lhe.Street-,.cause
-- ('&)i At'I work required~to be done by~.{ohswk and the
C{ty pursuant to this Agreemen~ shall be done in accordance
with the specifications for construction for Carmel residential
streets~ in:%ffect~On ~h~'~ate -~f this Agreement.
H~scellaneous..
~ (a) Allkreferences in this Agreement to the Road and
th'~ Street are.only to such' portions thereof as abut the Reel
Estate,
(b) This Agreement shall in~re
st~ll be binding upon the successors and
'hereto.
to the benefit of and
assdgns of the parties
.IN ~ITNESS-WHEP~O.F, This Agreement has
~k~ date first, above written.
been executed as of
MOHAWK CROSSING, LTD.
Tom Charles Huston
General Hanager
TT~ST.
Barbara J. J~mnings, ~ ~
Hamilton County Auditor 'and
Secretarv to the Board of
Commissi6ners
-3-
THE CITY OF CA~'IEL, INDIANA,
acting through its Board of
Public Works
~ ' ff "Mayor
City Attorney
Cit] Engineer
This instrument was prepared
by Melvin A. Richards
EXHIBIT 'A
'~RACT ~[II: Par~ of the Southv~est Q~-~rtcr of Ssction 2°0, To:,~n ....
~ol~tb~ J~an-ge 1[ East in ].lamilton ColmBy~ ~diana~ more pargicul~r'La~
~gi~ling at the South%.~est corner 'of said Southv;est Quarter3 thence
along, the Wcst tine of said Soutb%~;est Quarter North O0 degrees O0 m!u2
Utes 00 seconds East (ass~ed bearinj) 26~5.29 feet to the.North~;ast
corner thereof; thence along the North line of said South~vest Quarte~?
.Sou~h 89 degrees.;~8 minutes, 26 seconds East 1392.88' feet to ~ point
%,;hich.lies North 8~ de~ees ~[8 minutes~26 seconds, ~,',~eso'~ !~62.28 zeet
~n~ Northeast cornem %hereoDj thence South OO degrees O~
~6 seconds' West 2~48.26. feet (along the West line or the land cpn.veye~l .
¢o William L. Mosbaugh and Sharon Mosbaugh by Warranty Deed recovered..
On Aug-g~g.2g, .1976 as ~sCr~eng ~1136 in Book 290 on p~ge TOT in the'
Ofr'ld~ of. 7.the Ree0rder 'of sai~ Oo~m~;' and. along the-:Wes¢ 'lines-of-~.:'"...
ghree.>~]a.cts. ~onveyed ~o Carmel-Clay Schools by Warraqty ' "
on JanuaryS31, 1975 as ~tr~nen¢ f/1~7~8 in Book 279 on ~ge -~5~ and :,-.
on February 1~ 1971[ as ~str~nent .10!'1 in .Book 272 on page 63 and on
~ebruar7 28, 19T3 as' %nstr~eng ~37 in Bo6k 26~. on page ~9 in said.
Officej' and 'along the. West line or land e0nveved to Ca~mel ]'~:u.lti
Building 'CorpOration bY a [;errancy Deed recorded as Instrument '~
August 23, '1972 in'Book 260 on page 224 in said Office to a point.on ' ..
.ghe. Soi~th.line of'said Southwest quarter~ .said po~t'bears l'~orth ~9.
_3 fee~ from the Southeast
d~grees'./II minutes 03 seconds West 125~.q
corner thereofj thence. ]qort~ 89 degrees 1Il minutes O3 seconds !'lest".-'.-.".
along the said Souuh l~e lD89.l~8' feet to the place o{ begJmning~-cOn- '