Carmel Drive - Star FinancialThis Grant of Easements (collectively, the "Agreement is entered into by and between
STAR Financial Rank (the "Grantor and the City of Carmel, Indiana, by and
through its Board of Public Works and Safety "Grantee for public right -of -way and related purposes,
as follows:
1. Grantor is the fee simple owner.of the real property commonly known as
140 Fast Carmpl T7rt e
GRANT OF EASEMENTS
2000000 2214
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05 -08 -2000 At 02:41 pm.
EASEMENTS 22.00
and more particularly described in Exhibit A, attached
hereto and incorporated herein (the "Premises
Grantee intends to undertake and construct the following improvements (the "Improvements on
the Premises:
Streetscape improvements, which include but are not limited to, sidewalks, brick
crosswalks, brick gateway columns, decorative street lights, upgraded or
improved signalized intersections with mast arms (at AAA Way and Rangeline
Road), landscaping, improved stone sewer structures and pavement resurfacing
as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project").
Grantee shall construct and install the Improvements in a good and workmanlike manner.
4. For One Dollar (S1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor grants to Grantee a perpetual landscape and drainage
easement (the "Easement') across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit B attached hereto and incorporated herein (the
"Easement Property"), in order to plant, construct, reconstruct, repair, operate, maintain, replace,
relocate and /or use landscaping and drainage appurtenances for and as part of the Project.
5. The Easement is granted subject to all easements, agreements, restrictions and rights -of -way of
record and is not subject to the Indiana Corporate Gross Income Tax.
6. For One Dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor also grants to Grantee a temporary construction easement
(the "Construction Easement") across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit C attached hereto and incorporated herein (the
"Construction Easement Property"), in order for Grantee to construct and install the Improvements
on the Premises and to complete the Project.
]c6 iii,,urd i I.i" c b.r, rightofo ay'g .mote ,cfoimo1 duc 310'00]
1
7. Grantee shall use commercially reasonable efforts to not damage the Construction Easement
Property, except for normal and reasonable construction disturbance associated with the removal,
re- grading and installation of the Improvements. Grantee shall, in accordance with and subject to
the Project's construction plans and schedule, return the Construction Easement Property to
substantially the same condition that existed prior to the grant of the Construction Easement.
8. Grantee shall indemnify and hold Grantor harmless from and against any cost, damage, expense,
claim, suit or other liability, including, but not limited to, reasonable attorney fees, due to bodily
injury or property damage resulting from the acts of Grantee, its employees, agents or contractors,
while on the Construction Easement Property.
9. The Construction Easement shall terminate upon completion of the Project.
10. This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon
Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns
and legal representatives in all respects as to all covenants, agreements and obligations contained
herein.
IN WITNESS WHEREOF, the parties have executed and deliver this instrument and same shall become
effective on the day and year last written below.
(ib ui,,ord c bas> documcuri %lom∎riyluof.r c'.yiauwfceielorm =l duc 3'0 001
GRANTOR
STAR FINANCIAL BANK
Printed Name(s)
140 East Carmel Drive
Address
Carmel, Indiana 46032
City, Sta
Authorized Signature
James C. Marcucilli, President CEO
Printed Name and Title
P.O. Box 967
By:
7
Address ion, Indiana 46952 -0967
City, State, Zip
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
.Tamps C. M irrurri 11 i Presidpnt "Grantor who acknowledged the execution
of the foregoing "Grant Of Easements" as his /her /their voluntary act and deed.
Witness my hand and Notarial Seal this 24th day of March
ivly Commission Expires:
Sept. 30, 2006
Approved and Adopted this J day of ATI
CITY OF CARMEL, INDIANA
By and through its Board of Public
reasurer
BY:
Ja -s Brainard, Presiding Officer
D: te S O
Maly An r Burke, Member
Billy
Date:
ATTE
DianaTot
Date:
,,rd i,,, b doc k, ,.run i r em„ 1 valliacasc001
orks and Safety
NOTARY PUBLIC
Jennifer L. McCowa
Printed Name s
3
2000.
My County of Residence'' Graff
Co'
Prepared by Douglas C. Haney, City Attorney, One Civic Square, Carmel, Indiana 46032.
September 20, 2000
Dear Mr.Marcuccilli:
James C. Marcuccilli, President CEO
STAR FINANCIAL BANK
140 East Carmel Drive
Carmel, IN 46032
Re: Right -of -Entry /Grant of Easement
Enclosed please find a copy of the recorded Right of Entry and Grant of Easement recently
received from the Hamilton County Recorder's Office.
The City of Carmel Clerk Treasurer's Office will maintain the original documents in our office.
If you have any questions or concerns, please do not hesitate to contact me at 317.571.2413.
Sincerely,
t-
Carrie A. Groce
Deputy Clerk- Treasurer
Enclosures
1' THE
60 SCHNEIDER
L J CORPORATION
East Carmel Drive Project Parcel 4
Owner: First National Bank of Madison County
Warranty Deed Instrument Number 8813193
Temporary Construction Easement
Land Description
t \2k \2603 \001 \dwgs\parcel4. dwg
3020 North Post Road
Indianapolis. Indiana
46226 -6518
317 898 -8282
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 4
EXHIBIT "A"
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana being all that part of the owner's land
identified as Parcel 4 lying within the area identified and shown as "Proposed
Temporary Construction Easement" on the attached Route Survey Plat and being further
described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 31;
thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings: is
from Instrument Number 8813193, Office of the Hamilton County Recorder) along the
west line thereof a distance of 1752.85 feet to the centerline of Corm el Drive; thence
North 89 degrees 55 minutes 00 seconds East along said centerline a distance of
600.00 to a point on a curve having a radius of 1145.92 feet, the radius point of
which bears North 00 degrees 05 minutes 00 seconds West; thence easterly along said
curve and along said centerline an arc distance of 110.0.9 feet to the grantor's
southeast corner; thence North 01 degrees 04 minutes 45 seconds West along the
grantor's east line a distance of 40.13 feet to the north right .of way line of Carmel
Drive and the Point of Beginning, said point being on a curve having o radius of
1105.92 feet, the radius point of which bears North 05 degrees 45 minutes 05 seconds
West; thence westerly along said curve an arc distance of 98.04 feet to a point
bearing South 00 degrees 40 minutes 19 seconds East from the radius point; thence
North 21 degrees 16 minutes 34 seconds East a distance of 3.85 feet; thence North
85 degrees 25 minutes 23 seconds East a distance of 23.69 feet; thence North 00
degrees 00 minutes 00 seconds East a distance of 1.13 feet; thence North 85 degrees
52 minutes 36 seconds East a distance of 27.11 feet; thence South 00 degrees 00
minutes 00 seconds West a distance of 1.44 feet; thence North 85 degrees 28 minutes
25 seconds East a distance of 45.84 feet to the grantor's east line; thence South 01
degrees 04 minutes 45 seconds East a distance of 5.25 feet to the Point of Beginning.
Containing 526 square feet.
TSC #2603.001
Sheet of 3
r .71 THE
SCHNEIDER
L__di CORPORATION
600.00'
N2116'34 "E
3.85'
EXISTING 40' 1/2 R.Q.W.
II
P.O.B. ESMT.
PARCEL 4
NO1'04'45 "W
40.13'
N89 55'OQ "E
600.00
LINE
W
L- CI
in tr) d b L_1 Q
N CD CD
oL Q�
Z SW CORNER
SEC.31— T18N —R4E
j: \2k \2603 \001 \dwgs \parcel4.dwg
3020 North Post. Road
Indianapolis, Indiana
46226 -6518
317 898 -8282
317 899 -8010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 4
RECORD OWNER
FIRST NATIONAL BANK OF MADISON CO.
WARRANTY DEED
INSTR. 8813193
L L= 98.04'
R= 1105.92'
L= 110.09' R= 1145.92'
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT (CROSS HATCHED)
L= 400.00'
R= 1145.92'
N e w.
0
o J Q�
XC
SURVEY UNE MONU. 1321
SURVEY LINE
SURVEY LINE MONU. 24428
PARCEL 4
EXHIBIT 8,"
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
CARMEL DRIVE
PLAN SCALE
1" 30'
PO:B. TEMP, ESMT.
SURVEY LINE MONU. 1322
L= 400.00'
R= 1145.92'
NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
SURVEY LINE
N89'55 "E
1750.84'
TSC #2603.001
Sheet 1 of
W THE
6,i7 SCHNEIDER
CORPORATION
J: \2k \2603 \001 \dwgs\par4Ise.dwg
3020 North Post. Rood
Indianapolis, Indiana
45228 -8518
317 -898 -8282
317- 899 -8010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 4
EXHIBIT "A"
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
East Carmel Drive `Pro ject Parcel 4
Owner: First National Bank of Madison County
Warranty Deed Instrument Number 8813193
Landscape Easement "A"
Land Description
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana being all that part of the owner's land identified
as Parcel 4 lying within the area identified and shown as "Proposed Landscape Easement" on
the attached Route Survey Plat and being further described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 31; thence
bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument
Number 8813193, Office of the Hamilton County Recorder) along the west line thereof a
distance of 1752.85 feet to the centerline of Carrnei Drive; thence North 89 degrees 55
minutes 00 seconds East along said centerline a distance of 600.00 to the point of curvature
of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees
05 minutes 00 seconds West; thence easterly along said curve and along said centerline an
arc distance of 110.09 feet to the grantor's southeast corner; thence North 01 degrees 04
minutes 45 seconds West along the grantor's east line a distance of 40.13 feet to the
north right of way line of Carmel Drive and the Point of Beginning, said point being on a
curve having a radius of 1105.92 feet, the radius point of which bears North 05 degrees 45
minutes 05 seconds West; thence westerly along said curve an arc distance of 45.54 feet to
a point which bears South 03 degrees 23 minutes 32 seconds East from said radius point;
thence North 03 degrees 23 minutes 32 seconds West a distance of 4.00 feet to a point on
a non tangent curve having a radius of 1101.92 feet, the radius point which bears North 03
degrees 23 minutes 32 seconds West; thence Easterly along said curve an arc distance of
45.70 feet to a point on the grantor's east line of which bears South 05 degrees 46 minutes
06 seconds East from said radius point; thence South 01 degrees 04 minutes 45 seconds
East along said grantor's East line a distance of 4.01 feet to the Point of Beginning.
Containing 182 square feet.
Landscape Easement "B"
Land Description
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian In Hamilton County, Indiana being all that part of the owner's and Identified
as Parcel 4 lying within the area Identified and shown as "Proposed Landscape Easement" on
the attached Route Survey Plat and being further described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 31; thence
bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument
Number 8813193, Office of the Hamilton County Recorder) along the west line thereof a
distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55
minutes 00 seconds East along said centerline a distance of 600.00 to the point of curvature
of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees
05 minutes 00 seconds West; thence easterly along said curve and along said centerline an
arc distance of 110.09 feet to the grantor's southeast corner; thence North 01 degrees 04
minutes 45 seconds West along the grantor's east line a distance of 40.13 feet to the
north right of way line of Carmel Drive, said point being on a curve having a radius of
1105.92 feet, the radius point of which bears North 05 degrees 45 minutes 05 seconds West;
thence westerly along said curve an arc distance of 73.23 feet to the Point of Beginning,
said point bearing South 01 degrees 57 minutes 28 seconds East from the radius point;
thence continuing along said curve an arc distance of 24.95 feet to a point which bears
South 00 degrees 39 minutes 54 seconds East from said radius point; thence North 00
degrees 39 minutes 54 seconds West a distance of 4.00 feet to a point on a non tangent
curve having a radius of 1101.92 feet; the radius point which bears North 00 degrees 39
minutes 54 seconds West; thence Easterly along said curve an arc distance of 24.86 feet to
a point which bears South 01 degrees 57 minutes 28 seconds East from said radius point;
thence South 01 degrees 57 minutes 28 seconds East a distance of 4.00 feet to the Point
of Beginning. Containing 100 square feet.
TSC #2603.001
Sheet 7 of .3
r'� THE
SCHNEIDER
�J CORPORATION
N00'39':54 "W
1 .00'
EXISTING 40' 1/2 R.O.W.
0
0
P.0.8. ESMT.
PARCEL 4A
600.00'
N01'04'45 "W
40.13
R =1 ;01.92'
L=2 :86'
LINE
SW CORNER
SEC.31- T18N -R4E
j: \2k \2603 \001 \dwgs\par4lse.dwg
3020 NorLb Pool Road
Indianapolis, Indiana
48228 -8518
317 -898- 8282
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 4
RECORD OWNER
FIRST NATIONAL BANK OF MADISON CO.
WARRANTY DEED
INSTR. 8813193
27.69'
L= 24.95' L= 98.04'
R= 1105.92' R= 1105.92'
L= 110.09' R= 1145.92'
L= 400.00'
R= 1145.92'
p0
tif
0 N8 6 0 0Q"E p
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3
W SURVEY UNE MONU. 1321
U1 in L SURVEY LINE
Z
Q SURVEY UNE MONU. 24428
6 L1`
z
PARCEL 4
EXHIBIT >at"
L= 45.54'
R= 1105.92'
L= 45.70'
R= 1101.92'
P.O.B. 48 LSE :,.,.:..,..,.,•sY::::
pg
0
z
SURVEY UNE MONU. 1322
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
CARMEL DRIVE
PROPOSED LANDSCAPE ESMT.
(CROSS HATCHED)
y::.. ro..., r: h•.. v...<: :.'afv..rra..rsr•e•. r ^rv:,..,
NOTE
SEE ROUTE SURVEY CONTROL 11ES EXHIBIT
FOR CENTERLINE AND SURVEY UNE COORDINATES.
PLAN SCALE
1 30'
;SSE
SURVEY UNE
N89'55'00 "E
1750.84'
f w
N 0
6 ]G
L= 400.00'
R= 1145.92'
TSC #2603.001
Sheet 1 of