116th - Williams Realty Forty One0
Cross Reference to Prior Deed of Record: Special Warranty Deed dated June 1, 1998 and recorded as Instrument
Number 9809831893 in the Hamilton County, Indiana Recorder's Office
TEMPORARY EASEMENT AGREEMENT
eThis TemporafyyY Easement Agreement (this "Agreement") is made and entered into this
F day of OC {e4,L . 2001 by and between WILLLkMS REALTY FORTY ONE
LIMITED LIABILITY CONIFANY, an Indiana limited liability company ("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' 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 Acauired bv Grantee. During the term of the Project, 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. The Temporary Easement
shall expire upon the earlier of (a) the completion of the Project; or (b) three (3) years following
March 15, 2002; provided that such three (3) year period may be extended by Grantee for a period
of time up to, but not exceeding, one (I) year for delays in the Project beyond the reasonable
control of Grantee. The 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 bv 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 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 WT-IEREOF. Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
Williams
Comp
By:
ty Forry O.e Limited Liab
In7 .. ted .
any
GRANTEE
The City of Carmel, Indiana
By:
/J 1 Printed: Stephen Engelking
fit Printed: )/ /� • (kockeji-
Title:
Men4i/Seg--- Title: Director of Administration
STATE OF , :G.2A
COUNTY OF fermi/kn
) SS:
Before me, a Notary Public in and for sad County and State, personally appeared
La v. d tn. Croc7 , the .1,1.v4 # of Grantor and who, having been duly
sworn, acknowledged the truth and accuracy of the representations madeherein and the
execution of the foregoing Agreement. /
Wimess my hand and Notarial Seal this tTdav of Oak r , 2001.
My commission expires: 8/./0 $
I am a resident of fikefesoti County, Indiana
STATE OF )
) SS:
COUNTY OF )
L./Y1
Printed Name
ru.
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.
Wimess my hand and Notarial Seal this _ day of , 2001.
My commission expires:
I am a resident of - County, Indiana
Notary Public
Printed Name
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLLAN, 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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EXHIBIT "A"
Insent
9909831893
9809831893
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 06-12-1998 At 01:17 pm.
SP WAR DEED 14.00
yAR ANJfl
ca
THIS INDENTURE, made as of the 1st day ofJune, 1998 between THE FIRST NATIONAL
0NJ BANK OF CHICAGO, AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 1993 FOR THE COMMERCIAL MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 1993-1 ("Grantor") whose address is c/o Lennar
Partners, Inc., 760 N.W. 107th Avenue, Suite 400, Miami, Florida 33172, in favor of WILLIAMS
REALTY FORTY ONE LIMITED LIABILITY COMPANY, an Indiana limited liability company
(" Grantcc �Cllose address tS-1830 Bauer nvc, Indianapolis, Indiana 46282:
WITNESSETH THAT:
Grantor, for and in consideration of the sum of Ten and No/100 U.S. Dollars (S10.00), lawful
money of the United States of America, to it in hand paid by Grantee, at or before the unsealing and
delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold,
aliened, remised, released, conveyed and confimted and by these presents does grant, bargain, sell,
alien, remise, release, convey and confimh unto Grantee and its successors and assigns forever, the
parcel of land, situate, lying and being in the County of Hamilton, State of Indiana, and more
particularly described on the attached Exhibit A (the "Property").
Subject however, to:
(a) Real property taxes and assessments for the year 1998 and thereafter;
(b) Zoning and other regulatory laws and ordinances affecting the Property;
(c) Matters which would be disclosed by an accurate survey;
(d) Any Plat affecting the Property; and
(e) Easements, rights of way, limitations, conditions, covenants, restrictions, and
other matters of record.
TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto
belonging or in any way appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby specially warrants the title to the Property and will defend the same
against the lawful claims of any persons claiming by, through or under Grantor, but against none
other.
t tom. , -r.: ,;(,- i,S Y
(11158.18 \ 72496109541 \0190225.01
5/12/98
Printed From Archive on 03-06-2001 by KKM 09831893
EXHIBIT "8"
PROJECT NO. STP -3886 ( ) Sheet 1 of 1
' PARCEL ISA Temporary Right of Way for Street Approach 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 corner of said
section, thence S 89° 33' 03" E, (All bearings based on bearing system for Project No. STP -3886 ( )
for City of Carmel), 560.933 meters (1840.33 feet) along the south line of said section, thence N 0°
06' 57" E, 13.716 meters (45.00 feet) along an extension of the west line of the grantor's land to a
point on the existing north right of way of 116`h Street; thence S 89° 53' 03" E, 34.466 meters
(113.08 feet) along said existing right of way to the point of beginning of this description thence N
0° 06' 57" E, 9.284 meters (30.46 feet) along temporary right of way, thence S 89° 53' 03" E, 5.920
meters (19.42 feet) along temporary right of way to a point on the east line of the ¢i antor's land;
thence S 0° 06' 57" W, 9.284 meters (30.46 feet) along said east line to a point on said existing right
of way, thence N 89° 53' 03" W, 5.920 meters (19.42 feet) along said existing right of way to the
point of be=ening of this description, containing 0.0055 hectare (0.014 acre) more or less.
This, deescsc��ription/��1�was
/prre'paagred for the City of Carmel by
.s'Sttii
Stephen J. Christian
Indiana Registered Land Surveyor, License Number 890001
on the 26th day of February_ 2001.
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