Range Line - 116th - Centre Assoc. 992.190
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For and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration, receipt of which is hereby
acknowledged, Centre Associates "Owner an Indiana limited
partnership, hereby grants to the City of Carmel "City
Indiana, a non exclusive easement for the installation and
maintenance of a traffic signal and related equipment over and
under the following described real estate:
An easement over, under, and across a
portion of the Southeast Quarter of
Section 36, Township 18 North, Range 3
East, Clay Township, Hamilton County,
Indiana more particularly described as
follows:
Commencing at the Southeast corner of the
Southeast Quarter of Section 36, Township
18 North, Range 3 East, Clay Township,
Hamilton County, Indiana; thence North 00
degrees 00 minutes 00 seconds East
(assumed bearing) on the East line of said
Southeast Quarter 646.00 feet; thence
North 90 degrees 00 minutes 00 seconds
West 40.00 feet to a point on the West
right-of-way line for Range Line Road per
I.S.H.C. MG -M Project No. B892(1) dated
July 3, 1980 and the West line of the Real
Estate described in Deed Book 316, Pages
597 and 598 in the Office of the Recorder
of Hamilton County, Indiana, said point
being the point of beginning for the ease-
ment herein described; thence North 00
degrees 00 minutes 00 seconds East on said
West right -of -way line and the West line
of said Real Estate and the Real Estate
described in Deed Book 320, Page 635 in
said Office 61.00 feet; thence North 90
degrees 00 minutes 00 seconds West 8.00
feet; thence South 00 degrees 00 minutes
00 seconds West parallel with said West
right of-way line 31.00 feet; thence North
90 degrees 00 minutes 00 seconds West
22.00 feet; thence South 00 degrees 00
minutes 00 seconds West parallel with said
West right -of -way line 12.00 feet; thence
South 90 degrees 00 minutes 00 seconds
East 22.00 feet; thence South 00 degrees
00 minutes 00 seconds West 18.00 feet
parallel with said West right -of -way line;
thence Sbuth 90 degrees 00 minutes 00
seconds East 8.00 feet to the point of
beginning.
The City agrees that any landscaping or other improve-
ments which are damaged or disturbed by its exercise of this
easement shall be repaired at its sole cost and expense
promptly after its work permitted under this easement is com-
pleted. ?L>' E;ITERED FORTAXATIOi.
ceptance fc: trar er
elect, tofin:�;
Hamilton ,unty
The City a( .es to maintain the traf signal, and
related equipment in good condition and repair.
The City agrees that the Owner shall have the non-
exclusive right to use the easement area for purposes which
are not inconsistent with this grant of easement.
The City agrees that if the Owner determines that the
installation of the traffic signal and related equipment
interferes with its existing pylon sign, that the city will
cooperate with the owner in its efforts to relocate its pylon
sign to a more suitable location.
This easement is subject to any easements, agreements,
covenants, conditions, restrictions, highways, or other
matters of record.
If any of the parties violate the terms of this agree-
went, then in addition to any other relief to which they may
be entitled, a party who prevails in any litigation regarding
this easement shall be entitled to recover its reasonable
attorney fees.
This easement is subject to the consent of Nationawide
Life Insurance Company.
Dated this \o. day of 1990.
CENTRE ASSOCIATES, an Indiana
limited partnership
by
Da d H. Koaene,
a Ge. ra ar ner
by
JA :K1 e, .j
a General Partner
CONSENT
Nationwide Life Insurance Company as Mortgagee of the
real estate subject to the foregoing easement does hereby
consent to such easement.
r A
Dated s u t 20 199 By 4 0' 1
u Y w
Robert'J Woodward Jr. Vi/ e President
Printe Name
2
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public within and for the State of
Indiana, duly commissioned and qualified, personally appeared
David H. Kosene, a general partner, and Alvin E. Kite, Jr., a
general partner, who acknowledged the execution of the fore-
going document and who, having been duly sworn upon their
oaths, stated that the facts and matters therein set forth are
true and correct.
WITNESS my hand and Notarial Seal this day of
1990.
Notary Public (Signature)
Notary Public vame Printed)
Residing in \ac County
My Commission Expires:
This Instrument prepared by Richard J. Dick, Attorney at Law,
152 East Washington Street, Indianapolis, Indiana 46204
3
ACCEPTANCZ
The undersigned, being the members of the Carmel Board of
Public Works and Safety, hereby accept the foregoing
Dedication of an easement from Centre Associates, an Indiana
Limited Partnership for the installation and maintenance of a
traffic signal and related equipment.
CARMEL BOARD OF PUBLIC
WORKS AND SAFETY
11 0,11.
Dorothy J. ancock, Mayor
D id L. Taylor, Ma r
Billy Walker, Member
ATTEST:
usan ,zones, reasurer
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