Carmel Drive - Barnes InvestmentGRANT OF CONSTRUCTION EASEMENT
This Grant of Construction Easement (the "Agreement is entered into by and between
$'✓ES •1+r✓EJP1dWT Co (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 ierA //Yr
twfi
and more particularly described in Exhibit A, attached
7.
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 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.
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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
Meier T eimiOs
My Co mission Expires:
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GRANTOR
/p/Ye .2 i 'T Co.
Printed Name(s)
//701 CALES4 i. e
Address
c4IAIEL
City, State
By:
NOT
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Authorized ignature
8iaar T 4#4 deweek ln K
Printed Name and Title
1/5 miaow GP. e
Address
C40-/R. ydo l3
City, State, Zip
Before me, a Notary Public in and for said County and State, personally appeared
"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 Reg it 200/
GE'
as
BLIC
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Printed Nam
My County of Residence: I U 0 r f vh
Approved and Adopted this day of C 4., 200/
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James�rainard Presichg Officer
a U
f
ary
Date:
fin Burke, Me fiber
Billy Walker, Member
Date:
Diana Cordray, I
Date:
Clerk asurer
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared -Jfifftes--14.14444F€1,
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 4_9 day of C/9/6// 2000.
My Commission Expires:
4t/(.((0i- 'pi aO07
WARY PUBL
11a0e2_,
C�Lt�6 -tiEaG
Printed Name
My County of Residence: 7/2i
Prepared by Douglas C. Haney, City Attorney, One Civic Square, Carmel, Indiana 46032.
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3
Exhibit A
Beginning at a point on the West line of said section, distant 1752.85 feet
measured North 1 04' 45" West along said West line from the Southwest corner
thereof; running thence North 1 04' 55" West and along said West line 215.15
feet to a point 693 feet South of the Northwest corner of the South half of said
section; thence North 89 55' East and parallel with the North line of said 1/2
section 250 feet; thence South P 04' 45" East 215.15 feet; thence South 89 55'
West 250 feet to the point of beginning, containing 1.235 acres more or less.
r THE
SCHNEIDER
Lr CORPORATION
East Carmel Drive Project Parcel 1
Owner: Barnes Investment Company
Warranty Deed Instrument Number 9502502
Temporary Construction Easement
Land Description
j: \2k \2603 \001 \dwgs \parcel l dwg
e x /4r8/r
3020 North Post Road
Indianapolis, Indiana
46226 -6518
317 -898 -8282
317 899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 1
EXHIBIT "A"
Engineering
Surveying
Landscape Architecture
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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 1 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 9502502, 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
250.00 feet; thence North 01 degrees 04 minutes 45 seconds West a distance of
40.00 feet to the north right of way line of Carmel Drive and the Point of Beginning;
thence South 89 degrees 55 minutes 00 seconds West along said right of way line a
distance of 87.14 feet; thence North 71 degrees 33 minutes 07 seconds East a
distance of 16.33 feet; thence North 89 degrees 55 minutes 23 seconds East a
distance of 10.56 feet; thence North 70 degrees 38 minutes 35 seconds East a
distance of 4.07 feet; thence North 89 degrees 55 minutes 00 seconds East a
distance of 30.06 feet; thence South 82 degrees 38 minutes 23 seconds East a
distance of 27.37 feet to the grantor's east line; thence South 01 degrees 04 minutes
45 seconds East along said east line a distance of 2.94 feet to the Point of
Beginning. Containing 439 square feet.
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THE
SCHNEIDER
L J CORPORATION
SURVEYOR'S REPORT
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 same 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 same are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate volues 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.
G ary
ent
tered Land Surveyor #S0389
March 9, 1999
j: \2k \2603 \001 \dwgs \30F4SHT.dwg
3020 North Post Road
Indianapolis, Indiana
46226 -6518
317 898 -8282
317- 899 -8010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
G•RT
No.
S0389
STATE OF
ND I 1/411:11.14— O
1 y
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
TSC #2603.001
Sheet 2- of 3
THE
SCHNEIDER
..44 CORPORATION
8
0
0
0
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t
N 10027.0422
E 10005.9308
BR BOC
CARMEL DRIVE
MONUMENT 1322
REFERENCES
(MAC NAIL)
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N 9972.9605
If s;
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E 11706.9352
al 11
[T6/1 41)
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MONUMENT 1325
REFERENCES
(5/8" REBAR)
CENTERUNE REFERENCE DATA
CARMEL DRIVE
\2k V603\001 \dwgs\REPTTIES.dwg
R.R. SPIKE AT CL INTER.
3020 North Post Road
Indianapolis, Indiana
46226-6518
317-898-8282
317-899-8010 FAX
317-895-2803 RESIDENTIAL
SURVEYING FAX
ROUTE SURVEY CONTROL EXHIBIT
MANHOLE
50
CARMEL DRIVE
17.4
BC
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Engineering
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Geology
t.
25
gti911111M.111
11111•117411111V,P9-,m
ASSUMED NORTH
1 inch 50 ft.
MON MENT 24428
REFERENCES
(5/8" REBAR W/SEC CAP)
LANDMARK
RICI-IARDS
BUILDING
MONUMENT 1321
N=8025.3349, E=8425.3496, SECTION 31, SW COR., SW 1/4 REFERENCES
N=9777.8741. E=8392.3395, CL INTERSECTION (5/8"REBAR W/WOOLPERT CAP)
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.)
0 Z2
1C 0R. BC
N 9738.6139
E 8891.9166
MERIDIAN MORTGAGE
GROUP
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BC
COR. Bc
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3/
-41 THE
SCHNEIDER
CORPORATION
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J 250'
609;
P.O.B. TEMP. ESMT.
PARCEL 1
N 70'38' 35 "E
4.07'
N 89'55'23 "E
10.56'
N71'33'07 "E
16.33'
ti
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I
SW COR., SW 1/4
SEC.31— T18N —R4E
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PARCEL 1
RECORD OWNER
BARNES INVESTMENT COMPANY
WARRANTY DEED
INSTR. 9502502
L�
PIZZA HUT
EXISTING 1/2 R.O.W. LINE P.O.B. TEMP. ESMT.
PARCEL 1
N89'55'00 "E
N89'55'00 "E
SURVEY LINE MONU. 24428
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)
439 S.F.
CL CARMEL DRIVE
L=400.00'
R= 1145.92'
C
55
238 5�
PARCEL 1
EXHIBIT »p
SURVEY LINE MONU. 1322
SURVEY LINE MONU. 1321
SURVEY LINE
PLAN SCALE
1 40'
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87.14'
S89'55'00 "W
250.00' CARMEL DRIVE
600.00'
L= 400.00'
R=11 45.92'
Engineering
Surveying
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Geology
NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
SURVEY LINE
w
0_
0O
N
o
0
0
1 z
N89'55'00 "E Q
1750.84'
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