625 E Carmel - NRW Corp 20 0100024469
o
HAMILTONrtCOUNTY, INDIANA
,J. MARY L CLARK
05 02 -2001 02:55 pm.
ddd r s Reference to Prior Deed of Record: Instrument No. 86- 05556. RT OF WAY ,3G, oo
DEDICATION OF RIGHT -OF- WAY /GRANT OF NON EXCLUSIVE EASEMENTS
P0/
This Dedication of Right -of -Way and Grant of Non Exclusive Easements (collectively, the
"Agreement is entered into by and between NRW Corporation (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's Property. Grantor is the owner of the real property commonly known as 625 East
Carmel Drive, Carmel, Indiana 46032 and more particularly described in Exhibit A, attached
hereto and incorporated herein (the "Premises
2. Dedication of Right -of -Way. For One Doilar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, bargains,
conveys and dedicates to Grantee a permanent easement and right -of -way for highway, utilities
and other related purposes described herein, in, to, over, upon, across, under and through (subject
to all existing recorded matters, easements. agreements, restrictions and instruments, the terms of
which Grantee shall not violate) the Premises (the "Dedication
3. The Project. Grantee intends to undertake and construct the following improvements (the
"Improvements on the Premises:
Streetscape improvements, which may include but are not limited to,
sidewalks, brick crosswalks, brick gateway columns, decorative street lights,
landscaping, improved storm sewer structures and pavement resurfacing
as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project
4. Grantee's Work. Grantee shall construct and install the Improvements in a good and workmanlike
manner, and in compliance with all laws, rules, statutes and regulations. Grantee shall maintain
the Improvements following completion thereof in substantially the same fashion and condition as
existed immediately following completion of the Improvements, and otherwise in a good,
workmanlike and reasonable condition following completion of the Improvements.
5. Grant of Landscape Easement. For One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor also grants
bargains, and conveys to Grantee (subject to all existing recorded matters, easements, agreements,
restrictions and instruments, the terms of which Grantee shall not violate) a non exclusive
landscape and drainage easement (the "Easement in, to, over, upon, across, under and through
that real property adjacent to the Premises, as more particularly described in Exhibit A -1 attached
hereto and incorporated herein (the "Easement Property in order to landscape, plant, construct,
reconstruct, repair, operate, maintain, replace, relocate and/or use landscaping and drainage
facilities and related appurtenances for and as part of the Project.
6. Grantee's Work. shall complete all work in connection with the Easement on the Easement
Property in a good and workmanlike manner, and in compliance with all laws, rules, statutes and
regulations.
7. Grant of Temporary Construction Easement. 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 "Construction Easement in, to, over, upon,
across, under and through that real property adjacent to the Premises, as more particularly
described in Exhibit A -2 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. Notwithstanding anything elsewhere to the contrary, the Construction
Easement shall terminate upon the earlier of the completion of the Improvements on the Project or
three (3) years from the date of this Agreement, whichever occurs first.
8. Grantee's Covenants Regarding Temporary Construction Easement. Grantee shall not damage the
Construction Easement Property. 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.
9. Indemnification. Grantee shall defend, indemnify and save and hold Grantor harmless from and
against any cost, damage, expense, claim, suit or other liability, including, but not limited to,
reasonable attorneys' fees, arising out of, relating to or resulting from the acts of Grantee, its
employees, agents or contractors, while on or relating to the Construction Easement Property, the
Easement Property or the Premises. Grantee agrees to be responsible and to pay for all damages
to the Grantor's property relating to, arising out of or caused by the construction or maintenance
of the Improvements, and/or utilization of rights under this Agreement, including without
limitation restoration of the surface of the land and any paving, landscaping or other
improvements thereon, if any of Grantee's activities should disturb or damage the same.
Provided, however, Grantee's obligations set forth in this Section 9 shall be limited to the
exposure of and liability of Grantee as a governmental entity, including without limitation, actions
and conditions as to which Grantee is immunized by the Indiana Tort Claims Act and the
exemption from punitive damages, such that Grantee's liability shall not exceed what might have
been its liability to any claimant after all appropriate defenses had been raised by Grantee.
10. Binding Upon Successors and Assigns. 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.
11. Grantor's Reservation of Rights. The Grantor reserves, after the completion of the Improvements,
or three years from the date hereof, whichever occurs first, the full use of the land which is not
inconsistent with the existence and maintenance of the grant/easements granted to Grantee herein,
including but not limited to the granting of additional easements not in conflict with the terms
hereof.
12. Obligations of Grantor. Grantor shall keep the Premises and the Easement Property free of any
fence, structure, asphalt, gravel, plants (other than grass or sod, plantings and improvements
installed by Grantee) concrete or other improvements. Grantor shall mow and care for the grass
located within the Easement Property and shall keep the Premises and the Easement Property free
from debris, weeds and refuse.
13. Easement and Covenants Appurtenant. The easements, dedications, rights and grants granted,
created and made herein, together with the benefits thereof, shall run with and bind the Premises
and the Easement Property and inure to the benefit of Grantee 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
Premises and Easement Property, as applicable, shall run with the Premises and Easement
Property 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 reasonable attorneys'
fees). Grantee's exercise of rights under the Dedication, the Easement and the Construction
Easement shall be in a reasonable fashion so as not to interfere with Grantor's rights.
14. No Representations. Grantor makes no representation or warranty with respect to the condition of
the Premises and Easement Property, including, without limitation, the environmental condition
thereof, and Grantee agrees that it shall accept the easements granted herein in their "AS IS"
condition.
15. Governing Law. This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Indiana.
16. Grantor's Covenant Regarding Indiana Gross Income Tax. The Dedication, Easement and
Construction Easement are not subject to the Indiana Corporate Gross Income Tax.
IN WITNESS WHEREOF, the parties have executed and deliver this instrument and the same
shall become effective on the day and year last written below.
GRANTOR
NRW Corporation, an Indiana corporation
By (/MP ��/(l(�d(/�f.,.Y.(.P_
Nancy R. Winski, President
Address: 3406 Eden Hollow Place
Carmel, Indiana 46033 -3035
STATE OF INDIANA
SS:
COUNTY OF A ,AlM
Before me, a Notary Public in and for said County and State, personally appeared Nancy R.
Winski, the President of NRW Corporation "Grantor who acknowledged the execution of the foregoing
"Dedication Of Right -Of -Way /Grant Of Non Exclusive Easements" as her voluntary act and deed as
President for and on behalf of the corporation.
Witness my hand and Notarial Seal thisc2 day of 14114" 2001.
C•
NOTA Y P IC
My Commission Expires: Printed Name 1j 01k NANCY,E;,BEAAY i
r :NOTARY 1 S Johnson Cour►ty,
r My Commission Expires
My County of Residen 4,;tftlev October 17, 2008
Approved and Adopted th /b day of i 2001.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY
Lig
Jamerrainard Presidin• Off cer
D.te: 0 r A
d-u
Ma Ann Cur Mem er
Date: VJ o l
Billy Walker, Member
Date:
ATTEST:
e e Le g oti
Diana Cordray, Clerk -Tress r
Date:
t: ,L
STATE OF INDIANA
r SS:
COUNTY OF Nara a C. 7 OL);
Before me, a Notary Public in and for said County and State, personally appeared .Jamoc 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 "Dedication Of Right -Of -Way /Grant Of Easements" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this �8 day of 0J/ 'r/ 2001.
(Jaw,/
NOTAY PUBLIC /S s
My commission Expires: Printed Name
a My County lic. k-.
7 M Count of Residence: C�
t
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.
03565rah.doc
r„ THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
4, SCHNEIDER 46226 -6518 landscape Architecture
W 44Rx 317 -898 -8282 GIS LIS
CORPORATION RESIDENTIAL Geology
t' SURVEYING FAX
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PLAN SCALE
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RECORD OWNER
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WARRANTY DEED
INSTR. 8605556
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SEC.31- T18N -R4E SEEE SURVEY CONTROL TIES EXHIBIT e
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EXHIBIT "A" TSC
s: \2k \2603 \dwgs \parcel29.dwg revised 12/30/00
Sheet
r THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 46226 -6518
317 -898 -8282 Landscape Architecture
317-899-8010 GIS LIS
FAX
CORPORATION 317 -895 -2803 RESIDENTIAL Geology
L SURVEYING FAX
PARCEL 29
EXHIBIT "A"
East Cormel Drive Project Parcel 29
Owner:
NRW Corporation
Warranty Deed Instrument Number 8605556
Permanent Right of Way
Land Description
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 port of the owner's land identified as Parcel
29 lying within the area identified and shown as "Proposed Permanent Right of Way" 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 8605556, 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 o 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 400.00 feet to a point bearing North 00 degrees 05
minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00
seconds East along said centerline a distance of 1375.85 feet to a point distant South 89
degrees 55 minutes 00 seconds West o distance of 375.00 feet from the intersection of said
centerline with the centerline of Keystone Way, thence South 00 degrees 05 minutes 00 seconds
East olong the grantor's west line a distance of 40.00 feet to the Point of Beginning on the
south right of way line of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East
along said south line a distance of 130.00 feet to the grantor's east line; thence South 00
degrees 05 minutes 00 seconds East along said east line a distance of 17.47 feet; thence South
89 degrees 53 minutes 57 seconds West a distance of 35.48 feet; thence North 51 degrees 53
minutes 04 seconds West a distance of 15.33 feet; thence South 89 degrees 55 minutes 00
seconds West parallel with the aforesaid south right of way line a distance of 82.47 feet to the
grantor's west line; thence North 00 degrees 05 minutes 00 seconds West along said west line a
distance of 8.00 feet to the Point of Beginning. Containing 1433 squore feet.
1
s: \2k \2603 \001 \parcel29.dwg revised 12/30/00 he
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Sheet 2 of 2
r
r THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 46226 -6518 Landscape Architecture
r.,.;. 317 -898 -8282 GIS LIS
L 317 899 -8010 FAX Geology
CORPORATION 317 895 -2803 RESIDENTIAL
SURVEYING FAX
I
P.O.B. PARCEL 29
RECORD DEED I
PLAN SCALE
N89'55'00 "E 1505.85' 1'= 30'
1375.85' N89'55'00 "E 130.00'
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1 SEC.31- T18N -R4E SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
0 PARCEL 29
EXHIBIT "A-1
s: \2k \2603 \001 \por29LSE.dwg revised 12/30/00
TSC #2603.001
Sheet 1 of
r THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 46226 -6518 Landscape Architecture
317- 898 -8282 GIS LIS
317 899 -8010 FAX Geology
i CORPORATION 317 895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 29
EXHIBIT A -1
Eost Carmel Drive Project Parcel 29
r•U
Owner: NRW Corporation
Warranty Deed Instrument Number 8605556
Landscape Easement
Land Description
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridion in Hamilton County, Indiana being oll that part of the owner's land
identified as Parcel 29 lying within those areas identified and shown as "Proposed
Londscape Easement" on the attached Route Survey Plat and being further described
os follows:
Landscape Easement
Commencing at the southwest corner of the Southwest Quarter of soid Section 31;
thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is
from Instrument Number 8605556, Office of the Hamilton County Recorder) along the
west line thereof o 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 v cu•rvature 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 olong soid centerline a distance
of 238.51 feet to the point of curvature of o curve having o 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 era distance of 400.00 feet to a point bearing
North 00 degrees 05 minutes 00 seconds West from said radius point; thence North
89 degrees 55 minutes 00 seconds East along said centerline a distance of 1505.85
feet to o point distant South 89 degrees 55 minutes 00 seconds West o distance of
245.00 feet from the intersection of said centerline with the centerline of Keystone
Way, being the grantor's northeast corner; thence South 00 degrees 05 minutes 00
seconds East along the grantor's East line a distance of 57.47 feet to the Point of
Beginning; thence continuing South 00 degrees 05 minutes 00 seconds Eost a distance
of 2.29 feet; thence South 89 degrees 53 minutes 57 seconds West o distance of
32.57 feet; thence North 51 degrees 53 minutes 04 seconds West a distance of 3.70
feet; thence North 89 degrees 53 minutes 57 seconds East a distance of 35.48 feet
to the Point of Beginning. Containing 78 square feet.
s: \2k \2603 \001 \par29LSE.dwg revised 12/30/00
TSC #2603.001
Sheet 2 of 2
r il THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 48228-8518
317-898-8282 Landscape Architecture
GIS LIS
L e.:I 317-899-8010 FAX
,4 CORPORATION 317-895-2803 RESIDENTIAL Geology
SURVEYING FAX
I
A
P.O.B. PARCEL 29
RECORD DEED 1
PROPOSED TEMPORARY CONSTRUCTION PLAN SCALE
EASEMENT (CROSS HATCHED)
V s 30'
1375.85' N89'55'00"E 130.00'
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SEC.31-T18N-R4E SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
PARCEL 29
EXHIBIT "A
TSC #2603.001
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She 1 of 2
F THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
S CHNEIDER 46228 -8518
317- 898 -8282 Landscape Architecture
rs 317- 899 -8010 FAX GIS LIS
CORPORATION 31J-895- 803 RESIDENTIAL Geology FAX
PARCEL 29
EXHIBIT "A- 2
East Carmel Drive Project Parcel 29
Owner: NRW Corporation
Warranty Deed Instrument Number 8605556
Temporary Construction Easement
Land Description
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 29 lying within
those areas identified and shown as "Proposed Temporary Construction Easement" on the attached
Route Survey Plat and being further described as follows:
Temporary Construction Easement "A"
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 8605556,
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
o distonce of 600.00 feet to the point of curvature of a curve having o 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 Eost
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 400.00 feet to a point bearing North 00 degrees
05 minutes 00 seconds West from Said radius point; thence North 89 degrees 55 minutes 00 seconds
East along said centerline a distance.' of 1375.85 feet to a point distant South 89 degrees 55 minutes
00 seconds West o distance of 375.00 feet from the intersection of said centerline with the centerline
of Keystone Way, thence South 00 degrees 05 minutes 00 seconds Eost along the grantor's west line a
distance of 48.00 feet; thence North 89 degrees 55 minutes 00 seconds East parallel with the south
right of way line of Carmel Drive a distance of 26.44 feet to the Point of Beginning; thence continuing
North 89 degrees 55 minutes 00 seconds East along said south line a distance of 56.50 feet; thence
South 00 degrees 06 minutes 03 seconds East a distance of 2.89 feet; thence South 89 degrees 47
minutes 55 seconds West a distance of 37.36 feet; thence South 50 degrees 30 minutes 49 seconds
West a distance of 24.79 feet; thence North 00 degrees 03 minutes 09 seconds West a distance of
18.70 feet to the Point of Beginning. Containing 317 square feet.
Temporary Construction Easement "B"
Also, 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 8605556,
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 soid 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
rodius 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 400.00 feet to a point bearing North 00 degrees
05 minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds
East along said centerline a distance of 1375.85 feet to a point distant South 89 degrees 55 minutes
00 seconds West a distance of 375.00 feet from the intersection of said centerline with the centerline
of Keystone Way; thence continuing North 89 degrees 55 minutes 00 seconds East olong said centerline
a distance of 130.00 feet; thence South 05 minutes 00 seconds East along the grantor's east line a
distance of 57.47 feet to the Point of Beginning; thence continuing South 00 degrees 05 minutes 00
seconds East along said east line a distonce of 2.29 feet; thence South 89 degrees 55 minutes 00
seconds West a distance of 9.38 feet; thence South 00 degrees 05 minutes 00 seconds East' a
distance of 7.81 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 13.02 feet;
thence North 52 degrees 26 minutes 30 seconds West a distance of 16.52 feet; thence North 89
degrees 53 minutes 57 seconds Eost a distance of 35.48 feet to the Point of Beginning. Containing 219
square feet.
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