116th - Moore, Max A-ei2z. 7
ara C)3 200300088446
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
08-29-2003 At 11: am.
PER REP D 22.00
PERSONAL REPRESENTATIVE'S DEED
THIS INDENTURE WITNESSETH, That RONALD M. MOORE is Personal Representative for the Estate
of Max Moore, deceased "Grantor This estate is pending as Cause No. 2 9 D 0 3 0 3 0 5 EU 8 2
in Hamilton County, Indiana. The Personal Representative, by virtue of the power given a Personal Representative
under Indiana law, for good and sufficient consideration CONVEYS to The City of Carmel "Grantee the
following described real estate located in Hamilton County, State of Indiana:
See Attached Exhibits
The address of such real estate is commonly known as 718 E. 116` Street, Carmel, Indiana 46032.
Subject to any and all easements, agreements, restrictions, and other matters of record, subject to the lien
for real property taxes not delinquent, and subject to such matters as would be disclosed by an accurate survey
and inspection of the real estate.
IN WITNESS WHEREOF, Grantor has executed this deed th C day of 4 S 2003.
GRANTOR: Estate of Max Moore, deceased
By:
DULY ENTERED FOR TAKATIO
Printed: Subject to final acceptance for transfer
oa
Title: Personal Representative c day Of 20
Auditor of Hamilton County
STATE OF INDIANA
SS: ACKNOWLEDGMENT
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Ronald M. Moore, as
Personal Representative for the Estate of Max Moore, deceased, who acknowledged the execution of the foregoing
Personal Representative's Deed, and who, having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this ay of A 14- 2003.
My Commission Expires: J-( r dal 'P 2—o04
otary Public
Printed
Resident of *L County
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Bender, Killian,Heath
Lyman, PS.C., One American Square, #2000, Indianapolis, IN 46282
Send tax bills to: Cane C,, V I G c JC, Cannel Nut 00U.
After recording, return to: ASSOCIATED RIGHT OF WAY SERVICES, INC.
1311 N. ARLINGTON AVE.
SUITE 209
INDIANAPOLIS, IN 46219
-2-
EXHIBIT "A"
Project: STP -B886( Sheet 1 of 1
Parcel: 7 Fee Simple
A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East,
Hamilton County, Indiana, and being that part of the grantor's land lying within the right -of-
way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B described
as follows: Beginning at a point on the south line of said section North 89 degrees 28 minutes
02 seconds East 45.110 meters (148.00 feet) from the southwest corner of said section, said
southwest corner being designated as point "502" on said parcel plat, which point of beginning
is southwest corner of the grantor's land; thence North 0 degrees 04 minutes 36 seconds East
24.172 meters (79.30 feet) along the west line of the grantor's land; thence South 88 degrees
55 minutes 36 seconds East 34.646 meters (113.67 feet) to point "608" designated on said
parcel plat; thence South 82 degrees 00 minutes 07 seconds East 20.224 meters (66.35 feet) to
point "609" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds
East 82.485 meters (270.62 feet) to the east line of the grantor's land; thence South 0 degrees
04 minutes 36 seconds West 20.201 meters (66.28 feet) along said east line to the southeast
corner of the grantor's land and the south line of said section; thence South 89 degrees 28
minutes 02 seconds West 137.160 meters (450.00 feet) along said south line to the point of
beginning and containing 0.2921 hectares (0.722 acres), more or :less, _inclusive of the
presently existing right -of -way which contains 0.0418 hectares (0.103 acres), more or less.
The portion of the above described real estate which is not already embraced within the
presently existing right -of -way contains 0.2503 hectares (0.619 acres), more or less.
This description was prepared for the City of Carmel by John M. f Q j,:'`
Garvey, Indiana Registered Land Surveyor, License No S0148, on the .��6tsTrk
28 day of September, 2001. t
'No. 50148
This description was written from information obtained from the `S. cTATt:. OF s 1/4
recorder's office and other sources which were not necessaril y checked Nba N�•:
by a field survey. c�}�`
96 i
EXHIBIT B" r'- SHEET 1 OF 2
RIGHT -OF -WAY PARCEL
PREPARED FOR THE CITY OF CARMEL
PARCEL: 7 OWNER: MOORE, MAX
PROJECT: SIP-8886( DES. NO.: 9785910 9785911
ROAD: 116th STREET DEED RECORD: 140, PAGE 70 DATED: 10 -28 -54 DRAWN BY: C.J. HOGSTON, 9 -22 -01
COUNTY: HAMILTON DEED RECORD: 357, PAGE 198 DATED: 6 -19 -86 CHECKED BY: J.R. RITTER, 9 -25 -01
SECTION: 36
TOWNSHIP: 18 N. Hatched area is the
RANGE: 3 E. approximate taking.
Dimensions shown below are from the above listed record documents. 0 100' 200'
Centerline stationing tic marks are shown at 20 meter intervals.
SCALE: 1•=100'
450'
O
86'
o? o
N Residue "A"
607 608 61:
R/W 609
R/W
u� r°v 5 6 5 c 35 36 N N N
2 1 501 148' 450' 116th STREET 53
p
502 Line PR -1
SE Corner,
Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 36-18
36 -18-3.
6 0 40' HAMILTON WOODS SUBDIVISION,
SECTION 1, HAMILTON COUNTY Lot 15
w (P.B. 2, pg. 189)
Lot9
w
w
-J
Lot 8
O
This plat was prepared from information obtained from the recorder's office
and other sources which were not necessarily checked by a field survey.
EXHIBIT "B"
SHEET 2 OF 2
RIGHT -OF -WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
PARCEL: 7 OWNER: MOORE, MAX
PROJECT: STP-B886( DES. NO.: 9785910 9785911
ROAD: 116th STREET DRAWN BY: C.J. HOGSTON, 9 -22-01
COUNTY: HAMILTON CHECKED BY: J.R. RITTER, 9 -25 -01
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS OFFSETS CONTROL OVER BOTH NORTH EAST
COORDINATES AND BEARINGS DISTANCES)
POINT CENTERLINE STATION OFFSET NORTHING EASTING
501x "PR -1" 1 +179.960 4.025 Rt. 4628.733 4186.051
502 "PR -1" 1 +200.059 3.435 Rt. 4629.038 4206.187
508' "PR -1" 2 +009.481 3.200 Rt. 4636.563 5015.612
560 "PR -1" 2 +009.460 0.000 Rt. 4639.763 5015.582
563 "PR -1" 1.187.612 0.000 Rt. 4632.629 4193.769
565 "PR -1" 1 +226.583 0.000 Rt. 4632.485 4232.739
607 "PR -1" 1 +200.000 22.000 Lt. 4654.473 4206.342
608 "PR -1" 1 +280.000 20.000 Lt. 4652.981 4285.968
609 "PR -1" 1 +300.000 17.000 Lt. 4650.167 4305.995
615 "PR -1" 1 +490.000 17.000 Lt. 4651.933 4495.986
I See 'Location Control Route Survey Plat'
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the 'Location
Control Route Survey Plat' recorded as Instrument No. 200000059060 In the
Office of the Recorder of Hamilton County, Indiana, (Incorporated herein and
made a part hereof by reference) comprise a Route Survey executed In
accordance with Indiana Administrative Code 865 IAC 1 -12, (Rule 12).
�i 111 111 I
Farrar, Garvey Associates, _EC ��\N G►
8925 N. feridian Indianapolis, IN 46260
(317)81-1-8900 FAX (317)8 4 -9158 �O�.'
No. S0148
STATE OF
,1. u AI Li 9 -28 -01 S. "9 /HD JO?'.• 0
Joh Land arv eveyor�o. S0148 Date U R�
State of Indiana
Cross Reference to Prior Deed of Record: ter( r Ir\ teCd 2.e CL'(6i IyV
P 70 in -}he lCC-i ce c L C e m; \k Ctw'1- 1nci a
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement is made and entered into this
tor" day of 2003 by and between Ronald M. Moore, Personal
Representative for tie Estate of Max Moore, deceased "Grantor and THE CITY OF
CARMEL, INDIANA "Grantee 200300089512
Filed for Record in
HAMILTON COUNTY INDIANA
RECITALS JENNIFER J HAYDEN
09 -03 -2003 At 12:48 pm.
EASEMENTS 16.00
A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton
County, Indiana re particularly described as follows:
-See which is attached hereto and incorporated herein
B. Grantee, in connection with Grantee's improvement, widening and beautification
of East 116` Street (the "Project requires a temporary easement for the duration of the Project
for purposes of constructing that portion of the Project located upon and/or adjacent to the
Grantor Parcel. Such temporary easement area (herein referred to as the "Temporary Easement
Parcel is more particularly described as follows:
See Exhibit B, which is attached hereto and incorporate herein
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Temporary Rights Acquired by Grantee. During the term of the Project, or for four
(4) years from the date hereof, whichever occurs first, Grantor hereby grants and conveys to
Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the
construction of the Project, including, but not limited to the storing of Grantee's equipment and the
staging of the construction of the Project. Upon the completion of the Project, or four (4) years
from the date hereof, whichever is first, such temporary easement shall terminate and Grantee shall
return the Temporary Easement Parcel to Grantor in substantially the same condition as existed
prior to the commencement of the Project.
2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to use
the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shall retain the right of access over
and across the Temporary Easement Parcel to and from the Public Right -of -Way to real estate
owned by Grantor adjacent to the Temporary Easement Parcel via Grantor's existing driveway or
any future driveway.
3. Easement and Covenants Annurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Grantor Parcel and the Temporary Easement
Parcel, as applicable, shall run with the Grantor Parcel and the Temporary Easement Parcel, and
shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their
respective grantees, successors and assigns. All covenants and agreements hereunder may be
enforced by an action for specific performance, and in the event that a party breaches any such
covenant or agreement, the other party may exercise any remedy available hereunder, at law or in
equity, and recover from the breaching party all amounts expended in connection with exercising
any such remedy (including without limitation, court costs and attorneys' fees).
4. Governing Law. This Agreement shall be'governed by, and construed in
accordance with, the laws of the State of Indiana.
5. The undersigned person executing this Temporary Easement Agreement on behalf
of Grantor represents and warrants that he has been duly authorized and fully empowered, by
proper resolution of the governing body of Grantor, to execute this Temporary Easement
Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR GRANTEE
ESTATE OF MAX MOORE, DECEASED The City of Carmel, Indiana
Ae rsr_Q h .,.:5
By: E,9,-..-A," Mt9-,.l�- By:
Printed: Ronald M. Moore Printed: Stephen Engelking
Title: Personal Representative Title: Director of Administration
r' 1
STATE OF 1 .�G(�
SS:
COUNTY OF 1
Before me, a Notary Public in and for said County and State, personally appeared Ronald
M. Moore, Personal Representative for the Estate of Max Moore, deceased, Grantor and who,
having been duly sworn, acknowledged the truth and accuracy of the representations made herein
and the execution of the foregoing Agreement.
C r 1.�. y'
Witness my hand and Notarial Seal this C, day of I i k 2003. J f
My commission expires: 3 -2.OJG 1
Not. Public C;
I am a resident of fr{A�.PJ )0 h County, Indiana
kri
Printed Name
STATE OF ft/ D .J A
SS:
COUNTY OF 1- 11s,M'L:
Before me, a Notary Public in and for said County and State, personally appeared
Stephen Engelking, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this I' day of 200 C, l
Y nt h, y.: F. l A
My commission expires: L M3F
Notary of Public t
I am a resident of e/a/% (w,/ County, Indiana Z:
Printed Name
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633 -4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633 -4884.
3
EXHIBIT "ig li
Project: STP -B886( Sheet 1 of 1
Parcel: 7A Temporary R/W for Drive Construction
A part of the Southwest Quarter of Section 36, :Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the southwest corner of said
section; thence North 89 degrees 28 minutes 02 seconds East 45.110 meters (148.00 feet)
along the south line of said section to the southwest corner of the grantor's land; thence North
0 degrees 04 minutes 36 seconds East 24.172 meters (79.30 feet) along the west line of the
grantor's land; thence South 88 degrees 55 minutes 36 seconds East 18.640 meters (61.15 feet)
to the point of beginning of this description: thence North 0 degrees 31 minutes 58 seconds
West 4.551 meters (14.93 feet); thence North 89 degrees, 28 minutes 02 seconds East 10.000
meters (32.81 feet); thence South 0 degrees 31 minutes 58 seconds East 4.832 meters (15.85
feet); thence North 88 degrees 55 minutes 36 seconds West 10.004 meters (32.82 feet) to the
point of beginning and containing 0.0047 hectares (0.012 acres), more or less.
tom
This description was prepared for the City of Carmel by John M. •..'��Q
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the STEQ ;o'•
28 day of September, 2001.
r t No. S0148 z
This description was written from information obtained from the `7).„ £'rA'F'E OF Le
recorder's office and other sources which were not necessarily checked .`ova
by a field survey. S
CITY OF CARMEL INDIANA VENDOR: 353999 Page 1
.I 111,) ONE CIVIC SQUARE ,...THE ESTATE OF MAX MOORS,
CIIECK AMOUNT $152700,00
CARMEL. INDIANA 46032 �o� W {osiil S[.
i,:.:,. :W ST 4607.4, ,CHECK NUMBER: 1095187
.'i. yi •T• 1 4,, CHECK DATE: 08/26/03
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER lv' •1 AMOUNT DESCRIPTION
211. R4462830 '.b 116TH ST COLLEGE TO R
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APPROVED BY THE STATE BOARD OF A F E TH E CI TY OF CARMEL 2002 EACTIVE:PA I C 8 ECI< 0
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THE ESTATE OF MAX MOORE'� �,4a i',. �'t�
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