Carmel Drive - Hunters Glen Condos1
GRANT OF CONSTRUCTION EASEMENT
This Grant of Construction Easement (the "Agreement is entered into by and between
Hunter's Cate.:, (erutomtnw (\ssoc. (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 Gnclo
and more particularly described in Exhibit A, attached hereto
and incorporated herein (the "Premises
2. 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 storm sewer structures and pavement resurfacing
as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project
3. Grantee shall construct and install the Improvements in a good and workmanlike manner.
4. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor 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 B 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.
5. 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.
6. 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.
7. This Construction Easement shall terminate upon completion of the Project.
[eh:msword \dors\shared sparks \cannel drive strectscape \dedication documents \wardconstruclioncaseform.doc:4 /27/00] 1
8. 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.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
a, 0(a
[eimnsword: does \sir ed\cpar$s \cannel drive drectscape \dedication documents \ea,mmnstnationeaxfonn.dor:4 /27/00[ 2
GRANTOR
M re rs G /e Zordow, w 1 /60.
Printed Name(s)
y g u niters nY
Address
a 4 y (p G ?2
City, State, Zip
By:
Authoriz Signature
Nancy K. ereu/-c. Pra-s r c ?1
Printed Name and Title
53K /t- /-/cn i fY.
Address
City, State, Zip
Before me, a Notary Public in and for said County and State, personally appeared )40.00
0 RCA..L.7Fp►. r, "Grantor who acknowledged the execution
of the foregoing "Grant Of Construction Easement" as his/her /their voluntary act and deed.
Witness my hand and Notarial Seal this L ''day of r'l cum 2000.
NOTARY PUBLIC
L L I►l �Z�
Printed Name
My County of Residence: PM\.Too
Approved and Adopted this day of 2000.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
au
James ainard, Presiding Officer
4-7- O
Mary n Burke, Member
Date: r9 0
Billy alker, Member
Date: 4 07 -42 M
ATTEST:
Diana Cor IMCA C erk- Treasurer
Date: ces
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary
Ann Burke and Billy Walker, by me known to be the Members of the City of Carmel Board of Public Works and
Safety, and Diana L. Cordray, Clerk- Treasurer of the City of Carmel, who acknowledged the execution of the
foregoing "Grant Of Construction Easement" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 7 day of
6
My Commission Expires:
[eb.msword: Jon \sharedicpa`As \cannel drive etrepncape \dedication documents \gratnconstrunionea efonn doc:4/27/001
3
Prepared by Douglas C. Haney, City Attorney, One Civic Square, Carmel, Indiana 46032.
2000
NO ARY PUBLIC
Co 2 %�t�
Printed Name
My County of Residence: vki i //t) 7
0
0
11)
O.
00
o
z�
0
0
z •4-1
O U)
ilrIt trErth Pot Road
r `1 THE
SCHNEID
6 ER
NEIDER
L.41 CORPORATION
P.0.1. PARCE! S%
_TEMP. ESMT. I
f) E
N89'55'00 "E
600.00'
In in
C_D CD
SW CORNER
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT (CROSS HATCHED)
L= 56.58'
R =119 0.9 2 N 89'55' 00 "E
45.57'
X
L= 56.58'
R= 1185.92'
L= 400.00'
R= 1145.92'
SURVEY LINE MONU. 24428
SEC.31- T18N -R4E
'k \2603 \001 \dwgs \parcel8.dwg
PARCEL 8
RECORD OWNER
EXECUTIVE COMMONS, INC.
WARRANTY DEED
INSTR. 8510515
Indianapolis. Indiana
46226 -6518
317 -898 -8282
317- 899 -8010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
S71'27'15 "E
7.83'
N 89'55'00 "E
S89'55'00"W 732.29'
CARMEL DRIVE
EXISTING 40' 1/2 R.O.W. LINE
O O E
N6 g 3 85\
2
SURVEY LINE MONU. 1321
SURVEY LINE
SURVEY LINE
PLAN SCALE
1"= 60'
270.37'
N 14'00'06 "E
14.02'
P.O.B. PARCEL 8
TEMP. ESMT.
pp
SURVEY LINE MONU. 1322
L= 400.00'
R= 1145.92'
NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
PARCEL 8
EXHIBIT A"
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
1750.84'
N89'55'00 "E
APARTMENTS
FLANNER BUCHAN
MORTUARY
/4 ,00'A
+Y
N00'05'00 "W
40.05'
TSC #2603.001
Sheet 1 of 5
r THE
SCHNEIDER
CORPORATION
w
(o
in
:r0
co op
Z d
w
N
0
APARTMENTS
PLANNER BUCHANAN
MORTUARY
2k \2603 \001 \dwgs \porcel8. dwg
3020 North Post. Road
Indianapolis, Indiana
46226 -6518
317 898 -8282
317 -899 -8010 FAX
317- 895 -2803 RESIDENTIAL
SURVEYING FAX
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT (CROSS HATCHED)
N89'55'00 "E 281.54'
J/ 31"7 digliaiiiiiiiiiiiiiiiIi ii airiiiisiiiii0iiiW 4I..iiiiiiiiiii
S89 55'00 "W 732.29'
EXISTING 40' 1/2 R.O.W. LINE
CARMEL DRIVE
PARCEL 8
EXHIBIT "A"
ULTIMATE
CAR WASH
PLAN SCALE
1 60'
Engineering
Surveying
Landscape Architecture
G1S LIS
Geology
w
0
of
N
1` �i
FAZOUS
TSC #2603.001
Sheet 1A of 5
THE
SCHNEIDER
CORPORATION
East Carmel Drive Project Parcel 8
Owner: Executive Commons, Inc.
Warranty Deed Instrument Number 8510515
Temporary Construction Easement
Land Description
3020 North Post Road
Indianapolis. Indiana
48228 -8518
317- 898 -8282
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 8
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 8 Tying 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 8510515, 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 feet 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 400.00 feet to a
point bearing South 20 degrees 05 minutes 00 seconds East from said radius point;
thence North 69 degrees 55 minutes 00 seconds East along said centerline a distance
of 238.51 feet to the to the point of curvature of a curve having a radius of 1145.92
feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East;
thence easterly along said curve an arc distance of 343.42 feet to a point bearing
North 02 degrees 54 minutes 44 seconds West from the radius point; thence North 00
degrees 05 minutes 00 seconds West along the grantor's west line a distance of 40.05
feet to the Point of Beginning on the north right of way line of Carmel Drive; thence
continuing North 00 degrees 05 minutes 00 seconds West along the grantor's west line
a distance of 5.01 feet to a point on a curve having a radius of 1190.92 feet, the
radius point of which bears South 02 degrees 48 minutes 19 seconds East; thence
easterly along said curve an arc distance of 56.58 feet to a point bearing North 00
degrees 05 minutes 00 seconds West from the radius point; thence North 89 degrees
55 minutes 00 seconds East a distance of 45.57 feet; thence South 71 degrees 27
minutes 15 seconds East a distance of 7.83 feet; thence North 89 degrees 55 minutes
00 seconds East a distance of 270.37 feet; thence North 14 degrees 00 minutes 06
seconds East a distance of 14.02 feet; thence North 89 degrees 45 minutes 16
seconds East a distance of 48.10 feet; thence South 13 degrees 33 minutes 02
seconds East a distance of 14.81 feet; thence North 79 degrees 03 minutes 53
seconds East a distance of 16.81 feet; thence North 89 degrees 55 minutes 00
seconds East a distance of 281.54 feet; thence North 57 degrees 52 minutes 46
seconds East a distance of 18.49 feet; thence South 90 degrees 00 minutes 00
seconds East a distance of 25.47 feet; thence South 72 degrees 09 minutes 45
seconds East a distance of 15.54 feet to the grantor's east line; thence South 00
degrees 05 minutes 00 seconds East along said east line a distance of 9.99 feet to
the north right of way line of Carmel Drive; thence South 89 degrees 55 minutes 00
seconds West along said north line a distance of 732.29 feet to a point on a curve
having a radius of 1185.92 feet, the radius point of which bears South 00 degrees 05
minutes 00 seconds East; thence westerly along said curve an arc distance of 56.58
feet to the Point of Beginning. Containing 4234 square feet.
`'k 2603 001 dw s arcel8.dw TSC #2603.001
g �p g Sheet 2 of 5
THE
4 SCHNEIDER
CORPORATION
SURVEYOR'S REPORT
Gary 0111F
Regist= and Surveyor #SO389
March 9, 1999
j: \2k \2603 \001 \dwgs \30F4SHT.dwg
3020 North Post. Road
Indianapolis, Indiana
46228 -8518
317 -898 -8282
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
Engineering
Surveying
Landscape Architecture
GIS•LIS
Geology
In accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code
"Rule 12 the following observations and opinions are submitted regarding the various
uncertainties in the locations of the lines and corners established on this route survey as a
result of variances in reference monuments and inconsistencies in lines of occupation.
This survey was performed to create additional permanent right of way and Temporary
right of way along Carmel Drive from Rangeline Road to Keystone Avenue. The basis of
bearings used is from the record descriptions of the tracts along Carmel Drive all of which
are on the some system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to a local coordinate system
with a basis of bearings based on the record descriptions as noted above. Coordinate values
of and distances between control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork, but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar
found with yellow cap marked "Schneider Engr. Corp." 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is a Mag nail found flush with the surface of the sidewalk
on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red
"Woolpert" cap found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is a 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments are considered to be original monuments
with no error as related to their use as a part of or references to the survey line.
In addition to the 4 Survey Control Line monuments, various points on the centerline of
Carmel Drive and on the lead ins to some are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary Right of
Way lines and corners can be calculated therefrom. In accordance with 865 IAC 1 -12, it is
the intent of this Route Survey that the location of all Permanent and Temporary Right of
Way lines and corners shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate values, bearings and distances shown hereon.
The various physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with an earlier phase of the Carmel Drive project. As indicated
above, the survey control for the Woolpert work was recovered, confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys that the physical monument currently at the
southwest corner of the southwest quarter of Section 31 has moved about 1 foot in a
north —south direction during the intervening years. The coordinate value shown hereon for
that corner is based on the prior location, not on the current monument. As a result of
this movement, it is my opinion that the centerline of Carmel Drive and the prior location of
the southwest corner of the section are best established based on the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at
the first Point of Curvature west of Keystone Way) which have been in place and utilized to
control the centerline for many years.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief the within plat represents a Route Survey performed
in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule
12 under my supervision and completed on February 25, 1999.
TSC #2603.001
Sheet 4 of 5
r THE
4 SCHNEIDER
CORPORATION
N 9972.9605
E 11706.9352
8 e
0
CARMEL DRIVE
n
BR BOC
rn
N
N
N 10027.0422
E 10005.9308
11
MONUMENT 1322
REFERENCES
(MAC NAIL)
ii
MONUMENT 1325
REFERENCES
(5/8" REBAR)
CENTERLINE REFERENCE DATA
ROUTE SURVEY CONTROL EXHIBIT
CARMEL DRIVE
I
0
'4 MANHOLE
R.R. SPIKE AT CL INTER.
CUT "X ON CURB,-'
16.4
3020 North Post Road
Indianapolis, Indiana
46228 -8518
317 -898 -8282
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
X,
N= 8025.3349, E= 8425.3496, SECTION 31, SW COR., SW 1/4
N= 9777.8741, E= 8392.3395, CL INTERSECTION
N =9778.7457, E =8992.3388, CL POC
N= 9848.4225, E= 9384.1658, CL POT
N= 9930.3232, E= 9608.1731, CL POC
N= 10000.0000, E= 10000.0000, CL POT (R.R. SPIKE FD.)
N =10002.5436, E= 11750.8389, CL INTERSECTION (R.R. SPIKE FD.)
j: \2k \2603 \001 \dwgs \REPTTIES.dwg
y T
CARMEL DRIVE
ti ,4 BR BC
`COR, BC
;:'�Y:L -;r
pR
CARNE`
N 9781.7339
E 9266.1447,.
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
Ico e
ASSUMED NORTH
1 inch 50 ft.
MON MENT 24428
REFERENCES
(5/8" REBAR W /SEC CAP)
.COR. BC
N 9738.6139
E 8891.9166
MERIDIAN MORTGAGE
GROUP
LANDMARK
RICHARDS
BUILDING
MONUMENT 1321
REFERENCES
(5 /8 "REBAR W /WOOLPERT CAP)
u:
COR. B.
fi
TSC #2603.001
Sheet 5 of 5