Gray - Brookshire LakeOFFICE OF
THE CITY ENGINEER
Mr. Al Hughey
Lumbermart, Inc.
522 S. Rangeline.Road
Carmel, In 46032'
Dear Al:
FH /dlc
CITY OF CARMEL
ALBERT B. PICKETT, Mayor
December 18, 1978
Very truly yours,
Fred Hohl
City Engineer
Enclosed is the proposed agreement for Road improvements on Gray Road
contiguous to Brookshire Lakes subdivision. (I don't believe you have
received one previously). If this agreement is acceptable, please
sign all three copies and transmit to Hamilton County for signature.
They in turn should sign all three and transmit to Carmel for
signature.
130 1st AVENUE S.W.
CARMEL, INDIANA 46032
6_ Orr
FRED HOHL
CITY ENGINEER
THIS AGREEMENT executed as of the day of
1978 by and among Lumber Mart, Inc., an Indiana Corporation,
"Lumber the CITY OF CARMEL, INDIANA, acting by and through
its Board of Public Works (City) and the HAMILTON COUNTY BOARD
OF COMMISSIONERS (The Commissioners),
WITNESSETH:
WHEREAS, Lumber is the legal or equitable owner of the real
estate in Hamilton County, Indiana, described in Exhibit A hereto
(The Real Estate; and known as Brookshire. Lakes subdivision; and
WHEREAS, Lumber desires to develop the Real Estate as a
residential subdivision and, in connection therewith, has
petitioned to have the Real Estate annexed to the City of Carmel;
and
1. THE ROAD.
AGREEMENT WITH RESPECT TO
ROAD WORK
WHEREAS, the Real Estate is bounded to the west by Gray
road, "Road') which is part of the county highway system maintained
by the Commissioners; and
WHEREAS, Lumber, the City and the Commissioners desire to
provide for the improvement of the Road in connection with the
development of the Real Estate,
NOW THEREFORE, in consideration of the premises and of the
mutual covenants herein contained Lumber Mart, Inc., the City and
the Commissioners agree as follows:
(a) Lumber shall, on or before the earlier of (i) the
date it,commences development of residential lots abutting the
Road 'of''(ii) December 31, 1980 (The Commencement Date), pay the
cost of or cause to be accomplished the (A) widening of the east
half of the road to accommodate twelve (12') of pavement and a
six (6) foot shoulder, (B) forming the requisite drainage ditches
on the west side of the Road and grading the area abutting the
east side of the Road to finished grade, and (C) scarifying the east
half of the Road,
(b) Lumber shall, on or before the earlier of (i) the
date it completes development of that portion of the Real Estate
that abuts the Road or (ii) December 31, 1982 (the Completion
Date), pay the cost of or cause to be accomplished the installa-
tion of a one inch (1 top coat of asphalt upon the easterly
twelve feet (12') of, the Road,
(c) The Commissioners shall, on or before the Commencement
Date, pay the cost of or cause to be accomplished the (A) widening
of the west half of the Road to accommodate twelve feet (12') of
pavement and a six (6) foot shoulder, (B) 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)
carifying the west half of the Road, and (D) installing three
_rches (3") of asphaltic binder pavement on the entire (24') pavement,
and one (1 inch top pavement on the westerly twelve (12') of pavement
area of the Road.
(d) All work required to be done by Lumber and the
Commissioners pursuant to this Agreement shall be done in
accordance with the specifications for construction of Hamilton
County secondary roads,in effect on the date of this Agreement,
(e) At such time as Lumber and the Commissioners have
completed all work on the Road required by this Agreement, the
City shall accept the Road for maintenance by the City.
2. Miscellaneous.
(a) All references in this Agreement to the Road is
only to such portions thereof as abut the Real Estate.
(b) This Agreement shall inure to the benefit of and
shall be binding upon the successors and assigns of the parties
hereto.
IN.WITNESS WHEREOF, this,Agreement has been executed as to
the date first above written.
LUMBER MART, INC.
Albert L. Hughey
Vice President
"Lumber"
HAMILTON COUNTY BOARD OF COMMISSIONERS
"Commissioner"
THE CITY OF CARMEL, INDIANA
acting through its Board of
Public Works
Commissioner
Commissioner
Commissioner
Mayor
City Attorney
City Engineer
EXHIBIT A
Part of the Northwest 'Quarter of Section 28, Township 18 North,
Range 4 East in Hamilton County, Indiana, more particularly
described as follows:
Beginning on the West line of the Northwest Quarter of Section
28, Township 18 North, Range 4 East, 544.50 feet North of the
Southwest corner of'.said Quarter Section; thence North on and
along said West line 905.5 feet, more or less; thence East
parallel with the South line of said Northwest Quarter 1990 feet,
more or less; thence South parallel with 'said West line 1450 feet,
more or less to the South'•line of said Northwest Quarter; thence
West on and along said South. line 1190 feet, more or less; thence
North parallel. with said West line 544.50 feet; thence West
parallel with said South line 800.00 feet to the place of beginning,
containing 56.2 acres, more or less. Subject to all legal easements
and rights -of -way.
P.B.
5.W Cor.('. W4
Sec 28-19 -4
29
Sou fh Lima of Briorwoo .4ddhfion
/99/.21
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So. L ine w lv Sec Z8 -;/8
1
2e3 �Z8
28
SOO'
THIS AGREEMENT executed as of the day of
1978 by and among Lumber Mart, Inc., an Indiana Corporation,
"Lumber the CITY OF CARMEL, INDIANA, acting by and through
its Board of Public Works (City) and the HAMILTON COUNTY BOARD
OF COMMISSIONERS (The Commissioners),
WITNESSETH:
WHEREAS, Lumber is the legal owner of the real
estate in Hamilton County, Indiana, described.in Exhibit A
hereto (The Real Estate) and te,,
.a I
WHEREAS, Lumber desires to develop the Real Estate as a
residential subdivision and, in'cbnnection therewith, has
petitioned.to have the Real Estate annexed to the City of Carmel;
and
WHEREAS, the Real t ate is bounded on the by Gray
Road one Est st
t h °e~-so.ut h��„b:y1�2:6a h�Sar ee t��aSn:d�t =he� no r t h--b y 1M3 °l- s =t°- S t
"Road which is part of the county highway system maintained by
the Commissioners; and
WHEREAS, Lumber, the City and the Commissioners desire to
provide for the improvement of the Road an.d t=h:e S.treel in
connection with the development of the Real Estate,
NOW THEREFORE, in consideration of the premises and of the
mutual covenants herein contained Lumber Mart, Inc., the,.City and
the Commissioners agree as follows:
1. The Road.
(a) Lumber shall, on or before the earlier of (i) the
date it commences development of residential lots abutting the
Road or (ii) December 31, 1980 (The Commencement Date), pay the
cost of or cause to be accomplished the (A) widening of the west -t c
half of the Road to accommodate twelve (12') of pavement and a
six (6) foot shoulder, (B) forming the requisite drainage ditches
on the west side of the Road and grading the area abutting the
w.e =stt side of the Road to finished grade, and (C) scarifying the
west half of the Road,
(b) Lumber shall, on or before th'e earlier of (i) the
date it completes development of that portion of the Real Estate
that abuts the Road or (ii) December 31, 1982 (the Completion
Date), pay the cost of or cause to be accomplished the installa-
tion of a one inch (1 top coat of asphalt upon the e =st.e.r -lye e s
twelve feet (12') of the Road,
(c) The Commissioners shall, on or before the Commencemen
Date,•pay the cost of or cause to be accomplished the (A) widening
of the'eas -t half of the Road to accommodate twelve feet (12') of
pavement and a six (6) foot shoulder, (B) forming the requisite
drainage ditches on the•east side of the Road and grading the
area abutting the �e-ast' side of the Road to finished rade
scarifying th a-t half of the Road, and (D) installing three
inches (3 of asphaltic and one (1 inch top pavement on the
AGREEMENT WITH RESPECT TO
ROAD WORK
I
w��� (10
eak- ti -re. twen °ty= fou-r;=.fe.e =t= (2.4 ='s) pavement area of the Road.
(d) All work required to be done by Lumber and the
Commissioners pursuant to this Agreement shall be done in
accordance with'the specifications for construction of Hamilton
County secondary roads in effect on the date of this Agreement,
(e) At such time as Lumber and the Commissioners have
completed all work on the Road required by this Agreement, the
City shall accept the Road for maintenance by the City.
2. Miscellaneous.
LUMBER MART, INC.
(a) All references in this Agreement to the Road is
only portions thereof as abut the Real Estate.
(b) This Agreement shall ibure to the benefit of and
shall be binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, this' Agreemett has been executed as to
the date first above written.
ert Hug e
Vice President
HAMILTON CO f BOARD
"Lumber"
"Commissioner"
Commissioner
THE CITY OF CARMEL, INDIANA,
acting through its Board of
Public Works
Mayor
1 11.x/
City Attorne
City Engine
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