p59a Right of Entry 126th/Keystone - Mohawk Housing PartnersProject: Keystone Parkway
Parcel: 59A
RIGHT OF ENTRY y�
This Right of Entry has been executed this )--h day of APX I
2008. by Mohawk Housing Partners, LLC ("Grantor") and the City of Carmel,
Indiana, an Indiana municipal corporation ("Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real estate (the "Grantor Parcel")
located in the City of Carmel, Hamilton County, Indiana, which Grantor Parcel is more
particularly described on Exhibit A attached hereto and incorporated herein; and
WHEREAS, Grantee is involved in a project to construct Keystone Parkway in
the City of Carmel, Hamilton County, Indiana (the "Project"); and
WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs
to acquire fee simple title to a portion of the Grantor Parcel which portion (the "Fee
Parcel") is more particularly described in Exhibit A attached hereto and incorporated
herein by this reference; and
WHEREAS, Grantor intends to execute a warranty deed (the "Deed") for the Fee
Parcel, but desires to enter into this Grant of Right of Entry to allow Grantee to start on
the Project until such time as the Deed is fully executed and recorded; and
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
foregoing Recitals, all of which are incorporated herein and the following mutual
covenants and other good and valuable consideration, the receipt and sufficiency of
which the parties hereby acknowledge, the parties agree as follows:
1. Grant. Grantee shall temporarily forego the exercise of its right of eminent
domain with respect to the Fee Parcel because the parties believe that they
will mutually benefit by an extended time period within which to resolve
issues and continue negotiations. Grantor hereby grants and provides to
Grantee, its agents, contractors, subcontractors and employees the right to use
the Fee Parcel for any lawful purpose related to the Project including, but not
limited to, surveying. testing, moving dirt or ground, removal of dirt or
ground, landscaping, constructing the roadway and any other lawful purpose
in connection with the Project as would be permitted if the right-of-way had
actually been obtained.
2. Termination By Conveyance. Except as provided in Section 3 below, this
Right of Entry shall be irrevocable until such time as the Deed is recorded in
the Office of Recorder of Hamilton County, Indiana at which time this Right
of Entry shall terminate.
3. Termination by Order. Neither party hereto waives any of their rights with
respect to the Fee Parcel in the event negotiations fail and it becomes
necessary for Grantee to institute eminent domain proceedings via the filing of
a condemnation complaint. In such event, however, this Right of entry shall
nevertheless be irrevocable until such time as an Order of Appropriation is
issued by the applicable Court having jurisdiction regarding eminent domain
matters and such Order is recorded in the Office of Recorder of Hamilton
County, Indiana.
4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the
lawful owner of the Grantor Parcel and that there is no encumbrance or other
restriction upon Grantor providing this "Right of Entry" to Grantee.
5. Indemnification. Grantee shall indemnify, defend and save Grantor harmless
from any and all liability, loss, damage, cost, obligation and expense which
arises out of or results from any negligent act, whether of commission or
omission, of Grantee, its agents, employees, contractors, subcontractors.
licensees or others claiming by. through or under Grantee, occurring in or
about the Fee Parcel whether in the exercise of Grantee's rights hereunder or
in breach or excess thereof
IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant
of Right of Entry as of the day first above written.
GRANTOR: GRANTEE:
Mohawk Housing Partners, LLC The City of Carmel, Indiana
By: By:
Signaut re Signature
BAe1 e c+tA f es
STATE OF INDIANA )
SS:
COUNTY OF Marl 011 )
Before me, a Notary Public in and for said County and State; personally appeared
Mohawk Housing Partners, LLC, By:
who acknowledged the execution of the foregoing Grant of Right of Entry and who
having been duly sworn acknowledged that any representations set forth therein are true
and correct.
Witness my hand and Notary Seal this day of Mara/1 , 2008.
My Commission Expires:
J-U-nt- Y1 2DkZ
County of Residence:
171/ iVA.
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON)
No[Ary Public
5 11 i �� SUt-Yiv r0
Printed
Before me. a Notary Public in and for said County and State; personally appeared,
the SC-Ey/ek,;., . .dost&, / -rQ ;,,.• of the City of Carmel, who acknowledged
the execution of the foregoing Right of Entry and who having been duly sworn
acknowledged that any representations set forth therein are true and correct.
Witness my hand and Notary Seal this < day of
My Commission Expires:
074",
County of Residence:
, 2008.
Nctfary P lic
Yu a/ z 5,e A1.
Printed
This instrument was prepared by
Attorney at
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each
and every Social Security number from this document, unless it is required by law.
After recording, return to:
59A. ROr. wpd/RAH