HomeMy WebLinkAboutCovenantsInstrument
200500022031
�o
Page I of 2
State of Indiana
Department of Transportation
FUTURE TRAFFIC SIGNAL COVENANT
This covenant is made and entered into this 14 t4ay of February 20 05 b
Duke Construction Limitea artners nafter referred to as OWNER))
ti)
(Property Owner's Name — Print or Type)
and the State of Indiana, acting by and through the Indiana Department of Transportation (hereinafter
referred to as INDOT).
In consideration for INDOT granting commercial driveway permit # �7"�� ���•Z�v
for the constru�f�ion of an approach from the property as described in Attachment "A" onto highway #��
U S �f / at reference post # / f 71 j krw INDOT in
its sole discretion may require OWNER and his/her successors, or assigns to design and install a traffic
signal at the above location when the minimum warrants for a traffic signal are met. INDOT shall perform
or cause to be performed a traffic signal analysis at the, intersection of the driveway with the highway.
The traffic signal analysis shall be performed in accordance with the Indiana Manual on Uniform Traffic
Control Devices.
\
The cost to design and prepare plans and specifications, cost of warrant analysis, cost of construction of
traffic signal and appurtenances, cost to acquire any required right-of-way, cost of reimbursable utility
expenses, cost to solicit and let bids, cost to inspect construction, and cost of electrical energy shall be
borne by the OWNER. The cost of maintenance shall be borne by INDOT. All the work shall be done as
per current INDOT standards and by INDOT approved Registered Professional Engineer/Contractor.
® ,
It is understood and agreed that this covenant shall run with the land and shall be binding upon the
parties and all persons claiming under them. This covenant shall automatically terminate ten (10) years
from the date of its execution.
A separate agreement shall be prepared by INDOT to be entered into by OWNER for the installation of a
traffic signal. The undersigned hereby represents that he/she has full authority to enter into this covenant
Cited partnership
Cindy Schembre
Owner's Name - Print or Type
&-4a sm��-
Sign tui•e
600 East 96th Street
Address
Indianapolis, IN 46204
City State Zip.
317.808.6000
Telephone
-Fonn approved by State Soard of ACCOBnta. 1996"
State Form 4917o ( 11-96 )
200500022031
Filed For Record in
HAIMILTON COUNTYP INDIANA
JENNIFER J HAYDEN
04-14-2005 At 12:37 am.
MISC NC .00
Page 2 of 2
State of Indiana
Department of Transportation
FUTURE TRAFFIC SIGNAL COVENANTlu
r
n
q
ACKNOWLEDGEMENT °z
z
State of , County of SS; C
Before me, the undersigned Notary Public in and for the said County personally appeared
(Name of Signer)
d t4
/O ;
and acknowledged the execution of the foregoing contract on this j5�Cday of20 UrS . 'tea
Witness my hand seal the said last named date.
My Commission Expires
Linda Ruth Keck
) .,.
`y
to
NOTARY -SIT] E OF 1iqr)!AN HAMILTON COUNTY
���
N tary Public
('OMMISSION EXPIRES 2-29-2008
County of Residence
z
a
ACKNOWLEDGEMENT
State of N County of &np•1TG-om&.0Z , SS; tC
Before me, the undersigned Notary Public in and for the said County personally appeared O
m
(Name of Signer)
.�•i'airi wledged the execution of the foregoing contract on this �� day of _ �z ,_ Zdc- , 200 S tro
y .,.••
Ty, hand seal the said Iast named date.
4..
rn ; N "Y . _ ►�
�r% I C,,,rgtssion Expires z
M
N
mo
/.w ., _...� : f�`� � • .:....:.
DI Notary Public ;v
County of Residence .o
This Instrument Prepared By: _ -y?
INDOT-ATTORNEY
a
a
"Form approved by Sure Board of Accouetys, 1996" is
State Form 48176 1 11-96 )
Exhibit A
Legal Descri tion of Real Estate
PARCEL A:
A tract of land located in the North One Half of the South Half of Section 7,
Township 17 North, Range 3 East, Clay Township, Hamilton County, State of
Indiana, being more particularly bound and described as follows:
Beginning at a point 1106.46 feet West of the Northeast Corner of said North One
of said South Half of said Section 7, said point being the Northeast corner of
Parcel "A'; thence South parallel to the East Iine of said Section 7 a distance of
627.65 feet; thence West a distance of 1732.95 feet to a point in the Centerline of
Indiana State Road No. 421, said point being 628.6 feet South of the North Iine of
the South One Half, thence Northwesterly along the Centerline of Indiana State
Road No. 421, a distance of 669.25 feet to a point in the North line of said South
Half of said Section 7; thence East along the North line of said South half of said
Section 7 a distance of 1968.5 feet to the Point of Beginning of Parcel "A" and
containing 26.69 acres, more or less.
EXCEPT the following described real estate:
Beginning at a point 2025.00 feet West of the Northeast corner of said North One
Half of said South Half of Section 7, said point being the POINT OF
BEGINNING of this description; thence South parallel to the East line of said
Section 7 a distance of 400.00 feet; thence West parallel to the North line of said
South Half of said Section 7, a distance of 853.00 feet to a point in the Centerline
of Indiana State Road No. 421; thence Northwesterly along the centerline of
Indiana State Road No. 421, a distance 426.15 feet to the North line of said South
Half of said Section 7; thence East along the North line of said South half of
Section 7 a distance of 1000.00 feet to the Point of Beginning, and containing
8.51 acres, more or less.
ALSO EXCEPTING therefrom that real estate leaving been conveyed to the State
of Indiana from Oscar Thomas Harris, Jr., an adult, Oscar Thomas Harris, Jr. as
attorney in fact for Barbara Jo Harris and Juanita Chisler by Warranty Deed dated
January 18, 2000 and recorded April 25, 2000, as Instrument No. 2000-19724.
873282.2
Page 3 of 4
PARCEL B:
A tract of land located in the North One Half of the South half of Section 7,
Township 17 North, Range 3 East, Clay Township, Hamilton County, State of
Indiana, being more particularly bound and described as follows:
Beginning at a point 1106.46 feet West of and 627.65 feet South of the Northeast
Comer of said North One Half of the South Half of said Section 7, said point
being the Northeast corner of Parcel "B"; thence South parallel to the East line of
said Section 7 a distance of 627.65 feet; thence West a distance of 1497.4 feet to a
Point in the Centerline of Indiana State Road No. 421, said point being 1256.8
feet South of the North line of the South Half of said Section 7; thence
Northwesterly along the Centerline of Indiana State Highway No. 421, a distance
of 669.25 feet; thence East a distance of 1732.95 feet to the Point of Beginning of
Parcel"B" and containing 23.31 acres, more less.
EXCEPTING therefrom that real estate having been conveyed to the State of
Indiana from Oscar Thomas Harris, Jr., an adult, Oscar Thomas Harris, Jr., as
attorney in fact for Barbara Jo Harris and Juanita Chisler by Warranty Deed dated
January 18, 2000 and recorded April 25, 2000 as Instrument Number 2000-19724.
373232.2 Page 4 of 4
Exhibit A
Legal Description of Real Estate
A tract of land located in a part of the North One -Half of the South Half of
Section 7, Township 17 North, Range 3 East, Clay Township, Hamilton County,
State of Indiana; being more particularly bound and described as follows:
Beginning at a point 2025.00 feet West of the Northeast corner of said North Half
of said South Half of Section 7, said point being the POINT OF BEGINNING of
this description; thence South parallel to the East line of said. Section 7 a distance
of 400.00 feet; thence West parallel to the North line of said South Half of said
Section 7, a distance of 853.00 feet to a point in
etrterline of Indiana State
Road No. 421; thence Northwesterly along the centerline of Indi'ana-State Road
No. 421, a distance 426.15 feet to the North line of said South Half of said
Section 7; thence East along the North line of said South half of Section 7 .a
distance of 1000.00 feet to the Point of Beginning, and containing 8.51 acres,
more or Iess.
EXCEPTING therefrom that real estate having been conveyed to the State of
Indiana, from Harris FLP by Warranty Deed dated January 18, 2000 and recorded
August 4, 2000, as Instrument No. 2000-38339.
873277 Page 3 of 3
CERTIFIED RESOLUTION OF THE GENERAL, PARTNER OF
DUKE CONSTRUCTION LIMITED PARTNEgSInp
i, Steven R. Kennedy, President of Duke Business Centers Corporation, an Indiana corporation (the
"Corporation"), the general partner of Duke Construction Limited Partnership, an Indians Limited
Partnership (the "Partnership"), do hereby certify that the following Resolution has been adopted by the
Board of Directors of the Corporation.
RESOLVED that Cynthia J. Schembre, Senior Vice President, Retail Operations of the Corporation
has the full power and authority to execute any and ahl documents on behalf of the Partnership, including,
but not limited to, contracts, notes, mortgages, deeds, leases and easements for and on behalf of the
Partnership, which, when so executed and delivered, shall be binding upon the Partnership.
IN WITNESS WHEREOF I have hereunto set my hand this 28d day of February, 2005
DUKE CONSTRUCTION LIMIT$D PARTNERSHIP,
an Indiana limited partnership
By: Duke Business Centers Corporation, an Indiana
corporation, its general partner
By:
Leven R. Kenned
President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
Before me, a Notary Public in and for said County and State, personally appeared Steven R.
Kennedy, by me ]mown and by me known to be the President of Duke Business Centers Corporation, an
Indiana corporation, the general partner of Duke Construction Limited Partnership, an Indiana Limited
Partnership, who acknowledged the execution of the foregoing "Certified Resolution of the General --
Partnership of Duke Construction Limited Partnership" on behalf of said entity.
WITNESS my hand and Notarial Seal thisdav of ` A)?aa /I k jY'
Cheryl W.1`00�, Notary Public
My Cbtnmission Expires: August 27, 2010
My County of Residence: Boone
1:kWpwleVeWr4nisctllancros\rwOluabon for cjs.dm 2a&/G5 4:17 PM