116th - Trident FoodsCross Reference to Prior Deed of Record: Limited Warranty Deed dated June 11, 1993 and recorded as Instrument
Number 9331038 in the Hamilton County, Indiana Recorder's Office
TEMPORARY EASEMENT AGREEMENT
This Temporary Easemerit Agreement (this "Agreement") is made and entered into this
61 day of r)I.(I .2002 by and between TRIDENT FOODS, INC., an Ohio
Corporation ("Grantor") and THE CITY OF CARMEL, INDIANA ("Grantee").
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel") located in Hamilton
County, Indiana more particularly described as follows:
See Exhibit A, which is attached hereto and incorporated herein
B. Grantee, in connection with Grantee's improvement, widening and beautification
of East 116'h 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, Grantor
hereby grants and conveys to Grantee the 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 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 Temporary 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 righrof 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 Appurtenant. 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
TRIDENT FOODS, INC., an Ohio Corporation The City of Carmel, Indiana
By:,.—., 4 ' (VP! / ,
By.
Printed: .7. i A v i d K d ra r•,
Title: Fre s t d e nt
2
Printed: Stephen Engelking
Title: Director of Administration
STATE OF (' k A
COUNTY OF Iv a h
) SS:
Before me, a Notary Public in and for said County and State, personally appeared
IhA v i c) ra v a H , the Pre s i of Grantor and who, having been duly
sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
Witness my hand angpymikar I §ritli\trliisdAay of App./ L , 2002.
NOTARY PUBLIC. STATE G CIIIO n
My commission expires: MYCOMMISSIDNEXPIRES fED.23,2003 ‘Ar x �% _
J Notary Public G
gtglS .°4 L . Q,e add
Printed Name
I am a resident oflt"
��A,�/��/&County, hzd�a„a
STATE OF ,, 4
COUNTY OF //,a r i
) SS:
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 3/ S' -day
day of /44
2002.
My commission expires: ° G - (S7-
I am a resident of /4-7/c- � County, Indiana
Notary Public
�c c �—�. 71 5- <VC e
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.
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9331038
DULY EN'PPR.FP Fnn T "^TION
dez Auditor
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r.Ttim•rcn W RRAN^Y D /•r• •/(.• .t -(Z)
This indenture made the yr day of June, 1993, by WENDY'S
INTERNATIONAL. INC., an Ohio corporation, 4288 W. Dublin -Granville Road,
Dublin, Ohio 43017, hereinafter referred to as 'Grantor, to TRIDENT FOODS,
INC., an Ohio corporation, 1144 Goodale Blvd., Columbus, Ohio 43212 hereinafter
referred to as 'Grante.
WITNESSETH: That Grantor, for and in consideration of the sum of Ten
Dollars (510.00) and other good and valuable consideration in hand paid by Grantee,
the receipt and sufficiency of which is hereby acknowledged, gents, bargains, sells and
conveys to Grantee, its successors and assigns, all that certain real estate situated in the
City o CiPfrof-ladittnapelisreennyuInd
State of Molina, to wit
See Exhibit A attached hereto and made a pan hereof. .
Grantor warrants the title only against the claim of every person claiming by,
through or under Grantor, but not otherwise and subject to: (I) zoning ordinances,
legal highways, restrictions, resenations, conditions and easements of record and to all
encroachments, overlaps, boundary line disputes, and any other matters which would
be disclosed by an accurate survey and ineycetion of the real estate; (2) real property
taxes and assessments for the current year, and (3) those matters, if any, set forth on
Exhibit B attached hereto and made a part hereof.
Grantor does not warrant either expressly or impliedly the conditions or fitness
of the real estate conveyed hereunder, any such warranty being hereby expressly
negated. Grantee by acceptance hereof acknowledges that he has made a complete
inspection of the real estate and subject to the provisions of the Asset Purtha.se
Agreement dated June L, 1993 between Grantor and Grantee, is in a!1 resp± 'P
satisfied therewith and accepts the same 'ae is'. F. n%'
.• moi•:
•
This InsWnenrRatcrdaa J12._
Sharon K. Cherry, Recorder, n o Co
Cotatty, IN
RE.UR4 TD:
TICOR TITLE INSJPAI' CE TIPANY
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EXHIBIT "3'
PROJECT NO. STP -3336 ( ) Sheet 1 of 1
PARCEL 20A Temporary Right of Wav for Drive Construction
A part of the Southwest Quarter of Section 31, Township 18 North, Range 4 East in
Hamilton County, Indiana, described as follows: Commencing at the southwest comer of said
section, thence S 39° 53' 03" E, (All bearings based on bearing system for Project No. STP -B836 ( )
for City of Cannel), 959.512 meters (3143.01 feet) along the south line of said section; thence N 0°
06' 57" E, 14.589 meters (47.36 feet) to the southwest corner of the grantor's land; thence N 89' 17'
42" E, 13.883 meters (61.97 feet) along the existing north right of way of 116' Street to the point of
beg thing of this description: thence N 00 06' 57" E, 6.140 meters (20.14 feet) along temporary right
of way, thence S 39° 53' 03" E, 13.000 meters (59:06 feet) along temporary right of wav; thence 5
0° 06' 57" W, 5.832 meters (19.30 feet) along temporary right of way to a point on said exisdn¢
north right of way; thence S 89° 17' 42" W, 18.002 meters (59.06 feet) along said exis-dng right of
way to the point of beginning of this des ption, containing 0.0108 hectare (0.027 acre) more or
less.
This desciption was prepared for the City of Carmel by
Stephen J. Christian
Indiana Registered Land Surveyor, License Number 890001
on the 26th day of Februar+• 2001.
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