Brookshire/Eden Forest - Lumber Mart, Inc.Town of Carmel
Carmel
Ind. 46032
Gentlemen:
The following items have been installed and paid for
by Lumber Mart, Inc. with the approval of the town
fathers:
Lift Station 13,546.00
Installation, Wagley Const. 19,417.86
Indpls Power Light 776.98
Better Trucking 775.00
Stone Drive 360.00
Harvey Const. (Forced Main) 270.00
Concrete Transformer Pad 8 .00
35,230.84
Please credit this amount against our sewer avail-
ability account.
The paving of the service road will be billed upon
completion this Spring. All engineering has been
billed direct by Clyde Williams and Allen Weihe.
Since this station was being installed while we
were building Section 1 of Brookshire, we have not
charged any supervisor's time.
Nov. 2 3, 1971
Sincerely
Milton H. Slosson
President
(q_
RESOLUTION
1
Lumber Mart, Inc., developers of approximately 400 acres of land
which lies west of Gray Road between 116th St. and 126th St., has proposed
to convey a parcel of land to the Town of Carmel consisting of 65 /100th
acres, more or less, s ivated on the south side of 126th St. 355 feet east
of the NW corner of the NE quarter Sec. 32, Township 18 N, Range 4 East,
with 125' lineal frontage, for the location and construction of a water
treatment plant and one well site. The cost to the Town for this parcel is
proposed to be $1, 950.00. At the same time, Lumber Mart, Inc. proposes
to grant a permanent easement to the Town, 50' x 50' in size, for the site
of a second well, with appropriate access easement, with final location
and all above ground architectural control as to all well sites, 4 in all, N Tracl 'via
el::..20-•• to remain exclusively with Lumber Mart, Inc. Also, at the same time,
Lumber Mart, Inc. proposes to sign an agreement for the future location
of two (2) additional well sites, to be established and located by Lumber
Mart, Inc. by grant of 50' x 50' permanent easements on each of the
additional well sites, with access easements at least 15' wide sufficient
to accomodate vehicular maintenance traffic to the Town. The 4 well sites
and the parcel defined above will result in a total cost to the Town of
$1, 950.00. This amount is to be paid for from the next Carmel Waterworks
Bond issue. The well sites will comply with State Board of Health
requirements and no sewers or other contaminants will be permitted
within 200' of any well site, unless in sealed lines as authorized by State
regulations, which may be necessary near the treatment plant. The
assurance by the present owner of the additional 2 well sites will be made
of record and will bind any future owners, should title to the golf course
be transferred at some later date. The additional wells will all be located
on the golf course.
it be fully reimbursed for water main extensions as follows:
Lumber Mart, Inc. agrees that repayment for these external
watermain extensions, all of which are outside their development, may
be made from the next waterworks bond issue and will be according to
Town specifications. The estimated cost of these extensions is$23, 000.00.
The extensions will be immediately dedicated to and owned by the Town
upon installation. Lumber Mart proposes that in connection with the
treatment plant, the Town consider an underground tank for backwashing
the filters with runoff into Cool. Creek, in which event appropriate easement
for the runoff will be provided. Otherwise, a lagoon will be established
at a location acceptable to Lumber Mart.
Having received and duly considered this proposal from Lumber
Mart, Inc. IT IS RESOLVED:
That the proposal of Lumber Mart, Inc. as above outlined be and
the same is hereby approved, sub j -e 1 c tiTe --fu] owe g- mod =mica= Lions:
return for this agreement, Lumber Ma t, Inc. quests that
From Woodland Green to 116th St. 940', more or less.
North along Gray Rd. from 116th St., 1150', more or less.
On 126th St., 850', more or less.
8 hydrants, more or less
and
RESOLUTION NO. L t -11'11
BOOK 144 PAC#E
Comes now the Board of Trustees of the Town of Carmel, Indiana,
WHEREAS, a Permanent Easement For Public Right -of -Way was
executed by Lumber Mart, Inc., conveying to the Town of Carmel,
Indiana, a permanent easement for the construction and maintenance
of sanitary sewer lines by said Town for use by the general public
over and through certain real estate located in Carmel, Clay
Township, Indiana, on the 12th day of September, 1974, and
WHEREAS, it is necessary that said Permanent Easement For
Public Right -of -Way be released by the Town of Carmel, Indiana,
for the reason that it is necessary to correct the legal descrip-
tion in said Permanent Easement For Public Right -of -Way and to
do so, Lumber Mart, Inc. must execute in favor of said Town a
new Permanent Easement For Public Right -of -Way in order to correct
that error in a legal description so that the new easement will
actually locate and determine the locality of the actual sewer,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Carmel
release that Permanent Easement For Public Right -of -Way executed
on the 12th day of September, 1974, by Lumber Mart, Inc., by its
Secretary and President, Oliver R. Huey and Milton H. Slosson,
respectively, and all legal consequences resulting therefrom.
BE IT FURTHER RESOLVED, that this release, however, is con-
tingent upon Lumber Mart, Inc.'s execution of any additional or
new Permanent Easements For Public Right -of -Way, a copy of which
is attached hereto and marked "Exhibit A and made a part hereof,
and said release shall be effective upon said execution of that
9J
Th,'s `nstrument Rr:fed Lecv
IJf E M. HIWC.ES;, RECSR f?i .ii, HAM IL7ON CQUt pe,
ATTEST:
Peggy Lou S 'th, Clerk- Treasurer
2
13lDOR
William D. McFadden
correct Permanent Easement For Public Right -of -Way which is
attached hereto and made a part hereof.
Dated this 12th day of November, 1974.
BOARD OF TRUSTEES, TOWN OF CARMEL, INDIANA
Geor )F. Stevens
Stanley B. Beach
Frederick P. insh
Fred T. Swift
This Instrument Recorded
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY, IND.
O'CLOCK a, M
Nov 2 51974
BQOK PAGE
R ECORDER HAMILTON COUNTY. INDIANA
9
PERMANENT EASEMENT FOR PUBLIC RIGHT -OF -WAY
EXHIBIT A
aoaR 144 3
Comes now Lumber Mart, Inc., a corporation organized and
existing under the laws of the State of Indiana and for One Dollars
($1.00) and other valuable consideration conveys and warrants to the
Town of Carmel, Indiana, a permanent easement for the construction and
maintaining of sanitary sewer lines by Carmel, Indiana, for use by the
general public on over and through the following described real
estate located in Carmel, Clay Township, Hamilton County, Indiana,
to -wit:
A permanent easement 12.0 feet and a 10.0 foot
wide temporary construction easement on the south-
east side of said permanent easement, said permanent
easement centerline described as follows: Part of
the Southwest Quarter of Section 32, Township 18
North, Range 4 East, in Hamilton County, Indiana,
described as follows, to -wit: Commencing at the
Southwest corner of the East Half of said Quarter
Section; thence East along the south line of said
Quarter Section 862.93 feet to a point; thence de-
flecting left 90 degrees, 20 minutes, 23 seconds and
running North 1613.5 feet to a point which is the
point of beginning of this description; thence de-
flecting right 26 degrees, 0 minutes and running
northeasterly 194.5 feet to a point; thence de-
flecting right 26 degrees, 0 minutes and running
135.0 feet to an existing manhole and ;the terminus
of said permanent easement centerline.
The easement granted herein and conveyed is perpetual and conveys
all rights of:. .ingress and egress necessary for the full and complete
use thereof.
The undersigned persons executing this easement on behalf of
Grantor represent and certify that they are duly elected officers of
Grantor and have been fully empowered by proper resolution of the Board
of Directors of Grantor, to execute and deliver this easement; tat
Grantor has full corporate capacity to convey the real estate described
:.herein; and that all necessary corporate action for the making of such
conveyance has been take and done.
ATTEST:
By:
(Printed),
Signa� e
OLIVER R. HUGHEY, Secretary
STATE OF INDIANA
COUNTY OF
personally appeared
My Commission Expires:
IN WITNESS WHEREOF, Grantor has caused this easement to be
executed this ):9.0h day of November 1974.
LUMBER MART, INC.
By: 2g
197
2
SS:
MILTON H. SLOSSON,
By:
Before me, a Notary Public in and for said County and State,
the ci• )r149,4,r. y respectively of LUMBER MART, INC.,
who acknowledged execution of the foregoing easement for and on behalf
of said Grantor, and who, having been duly sworn, state that the re-
presentations therein contained are true.
Witness my hand and Notarial Seal this p day of:'
TP1
This Instrument prepared by John S. Pearce, Attorney At Law
Eleventh and Logan Streets, Noblesville, Indiana 46060
EXHIBIT A
This Instrument Recorded,
f 144 PAtIF
1(Signature)
(Printed)
President
Tg 7
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY, IND,,
4.
777 4/J=_,
306
N�tar.. Public
O 2f
22
/8
co
/9
f4
/0' EMPORAR
EASEMENT
PROPosEI>
SEWER
26 °00
V(34 SH
144
This Instrument Recorded '�'U' c>26 7/
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY, IND.
26 °00;
32.5'
soUTNE,q 5T CORNER
OF LOT 20
EX /ST /NG
MANHOLE
72' DE /yew 7
E/9 SEMEN
A permanent easement 12.0 feet and a
10.0 foot wide temporary construction
easement on the southeast side of said
permanent easement, said permanent
easement centerline described as
follows: Part of the Southwest Quarter
of Section 32, Township 18 North, Range
4 East, in Hamilton County, Indiana,
described as follows, to wit: Com-
mencing at the Southwest corner of the
East Half of said Quarter Section;
thence East along the south line of
said Quarter Section 862.93 feet to
a point; thence deflecting left 90
degrees, 20 minutes, 23 seconds and
running North 1613.5 feet to a point
which is the point of beginning of
this description; thence deflecting
right 26 degrees 0 minutes and run-
ning northeasterly 194.5 feet to a
oint; thence deflecting right 26
point;
n m i nutria and running
135.0 feet to an existing manhole and
the terminus of said permanent ease-
ment centerline.
less to the intersection of,the north: line of property now owned by Harry
Elliott.
set,t 41/9 s
The matter of the extension of 1st Avenue, S.W. was brought before
the Board, to be extended as follows: Fifty (50') feet in width southward
from the present south terminus of 1st Avenue, S.W. 787.8 feet, more. or
The Board' was advised by the Town Attorney that discussion had
been held with Mr. John Grayson, attorney for Reeder and Kline, Inc
representatives of L.ume °r Mart, Inc., and Carmel Concrete Products, owners
of the land involved at which time Mr Grayson indicated opposition to the
opening of this street because of possible building set back requirements
which would be imposed against one of their industrial structures now being
,constructed on the east side of the proposed extension. of 1st Ave. S.W.
because of contemplated loss of parking areas to Reeder and Kline on the
east side of the proposed extension and further because of a continued
requirement by Reeder and Kline, Inc. in connection with their business of
moving equipment both into the proposed street area and across the proposed
street area between their existing building and the building now under
construction. Representatives of Lumber Mart, Inc. and Carmel Concrete
Products indicated both consent to the opening of the'proposed street and a
willingness to resurface most or all of the proposed right of way in accordance
with Town specifications, provided the area is opened to the public for
vehicular traffic.
It was also noted that Harry 'Elliott has received zoning approval of
a special exception and that he, also, consented to the proposed street opening
in view of additional fire lane protection, relief of considerable vehicular;
congestion otherwise exiting onto Range Line Road, and providing two instead
of'one exits from his proposed commercial development at the south terminus
of theproposed street right of way
The Board also was advised that 1st Ave. S.W. parallels considerable..
commercial properties and an available access or egress right of way from
these establishments would relieve overcrowding now existing in front of
these properties on Range Line Road. Further, the opening of a new post
office facility at the intersection of 1st Ave. S.W. and 3d St., S.W. in
addition to the City Building and Fire Station immediately above this location
has multiplied traffic moving through this area.
It was the opinion of the Board that traffic safety, additional fire
lanes and natural access, to both the Elliott commercial development and
the industrial park farther south requires that this area be opened to vehicular
traffic as a public street and thoroughfare within the Town of Carmel. (I'.
The Board also noted that this entire area to be appropriated for
Street right of way purposes is impressed with a utility easement in favor of
the Public Service Company of Indiana and within, which area not only are
power lines presently placed but Town of Carmel sanitary sewer and water
lines also extend underground along this area and the owners of the land to
be appropriated have no rights to erect any structures, permanent or
temporary, within the fifty foot area to be appropriated for street purposes,
thereby eliminating virtually all compensatory damages to owners thereof
by the taking of this property for street purposes.
The Board also noted that it has been informed that Reeder and Kline,
Inc. had negotiated for the acquisition of considerable property immediately
north of their existing building, namely' property formerly owned by Gradle
Bros., thereby relieving parking problems to them if the street is opened 1
and further noted that the property acquired from Gradle Bros. adjoins a
fifty foot dedicated right of way known as lst Ave., S.W., thereby leaving'
the street opened southward along a portion of their property but terminating
years
onto privately owned property, a .situation which creates a half completed
street leading to private property, the hazard and injury to public needs sand
use for thoroughfares is self evident and should be corrected.
The Board also noted that the proposed extended thoroughfare has
been consensually used by vehicular traffic and the general public for several
On motion duly made by
P/9- 7 nsoi/
That the Town Attorney be and he is hereby directed to proceed with
the necessary steps under the appropriate statutes to appropriate and
condemn for the Town of Carmel the following described land for the opening
of a public street:
Beginning at a point which is 13-8'1.8 feet more or less north
and 353 feet, more or less west of the Southeast corner of
the Southeast Quarter of Section 25, Township 18, Range 3
East, which point is the south terminus of the east line of i
1st Ave. S.W. as per plat thereof in the office of the .Recorder
of Hamilton Co., Indiana and as dedicated in the plat of the
original Town of Carmel, Indiana, which is the beginning
point of this description:
Proceed thence south and parallel with the range line between
Range 3 and Range 4 a distance of 787.8 feet, more or less,
to a point on the north line of property now owned by Harry
Elliott, which point is 353 feet west and 594 feet north of the
southeast corner of said Section 25; thence west and parallel
with the South line of said Section 25 a distance of fifty feet
(50'); thence north and parallel with the said Range Line a
distance of 787.8 feet, more or less, to the south terminus
of the west line of 1st Ave., S. W. as the same now exists and
as per plat thereof in the office of the Recorder of Hamilton
Co., Indiana; thence east fifty feet (50') to the place of
beginning.
The Town attorney is directed first to purchase said above described
area on behalf of the Town of Carmel from the owners thereof, failure of
which to proceed to invoke appropriate condemnation proceedings and lawful
entry thereof for street improvement, as provided by law, in, the 'name of the
Town:,of Carmel, Indiana.
it was RESOLVED:
0
seconded by
Provided however: if the owners of said area to be opened for public
i
a
i
street, or any of them, agree to surface the travelled portion of the above
right of way according to Town specifications, at no cost or other financial
commitment on the part of the Town and with advance approval of all
specifications by the Town, then and in that event notice of condemnation
shall be served on all owners of land to be appropriated immediately, as
provided by law, and immediate entry thereof by the Town of Carmel for
purposes of street improvement, subject to any claims for damages to
owners of any land appropriated as provided by statute. Otherwise, entry
thereon shall be delayed until 1970, at which time additional street surfacing
funds will be available to complete the necessary improvements with Town
funds.
RESOLUTION ADOPTED THIS 26th DAY OF AUGUST, 1969.
Attest:
H.F. Zinsmeister, Sr. Clerk- Treasurer
esident, Board of Trustees "of the
Town of Carmel, Indiana