Carmel Drive - Flanner Buchanan MortuariesDEDICATION OF RIGHT -OF -WAY /GRANT OF TEMPORARY EASEMENT.
This Dedication of Right -of -Way and Grant of Temporary Easement (collectively, the
"Agreement is entered into by and between F l a n n e r Buchanan M o r t u a r i P S C r e m a t o r y
(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 f e e simple owner of the real property commonly known as F 1 a n n e r B u c h a n a n
Mortuaries Crematory at 325 E. Carmel Drive
and more particularly described in Exhibit A, attached hereto and incorporated herein (the
"Premises
2. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor hereby grants and conveys the Premises to Grantee (the
"Dedication
3 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
4. The Dedication is made subject to all easements, agreements, restrictions and rights -of -way of
record and is not subject to the Indiana Corporate Gross Income Tax.
5. Grantee shall construct and install the Improvements in a good and workmanlike manner.
6. For One Dollar ($1.00) 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 "Temporary 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
"Temporary Easement Property in order for Grantee to construct and install the Improvements
on the Premises and to complete the Project.
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SEC.31 T18N R4E
L= 400.00'
R= 1145.92'
NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
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7 Grantee shall use commercially reasonable efforts to not damage the Temporary 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 Temporary Easement Propert to
to the
substantially the same condition that existed prior grant y
P er rant of the Temporary Easement.
8. The Temporary Easement shall terminate upon completion of the Project.
9. Grantee shall indemnity and hold Grantor harmless from and against any cost, damage, ex ense
claim, suit or other liability, including, but not limited
ited 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 Premises.
10. Grantee expressly agrees that the Project and Improvements will not result in Grantee's Loss of its
currently existing northernmost curb cut onto Medical Drive.
11. 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.
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SW CORNER NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
SEC.31- 718N —R4E
GRANTOR
Printed Name(s) mat or
325 E. Carmel Drive
Address
Carmel IN 46032
City, Stake, Zip
By:
Authorized Signat re
Brian K. Buchanan
Printed Name and Title
2950 N. High School Road
Address
Indianapolis, IN 46224
City, State, Zip
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EXHIBIT'
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
rr
foregoing "Dedication Of Right -Of -Way /Grant Of Temporary Easement" as his/her /their voluntary act and deed.
Witness my hand and Notarial Seal this J /Ili day of `i �000. co- f
My Coml liss Expires:
Approved and Adopted this day of 2000.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Billy Walker, Member
Date:
ATTEST:
Diana Cordray, IMCA, Clerk Treasurer
Date:
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EXHIBIT
"Grantor who acknowledged the execution of the
NOYARY PUBLIC
Printed Name
My County of Residence: e
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18N R4E NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
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