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Home My WebLink About4000 E. 96th - 4000 East LLC2008013066 ENCRORCHME $32.00 03/12/2008 11:13:41A 11 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (the "Agreement is entered into by and between 4000 East LLC, an Indiana limited liability company of Marion County, Indiana (the "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety (the "City WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate (the "Real Estate which is more particularly described in Exhibit "A which is attached hereto and incorporated herein by reference, and the Real Estate has a common address of 4000 East 96 Street, which is located within the corporate Limits of the City of Carmel, Indiana and upon which a car dealership operates (the "Smart Car Center and WHEREAS, the official deeds of the Real Estate was recorded in the office of the Office of the Hamilton County Recorder on July 21, 1998, as Instrument #98- 39646, and, WHEREAS, Owner wishes to install: (i) a parking area that will include ten (10) parking stalls, some new concrete slab areas and curbing surrounding the parking area (the "Parking Area (ii) various landscape plantings (the "Landscaping (iii) four (4) parking lot lights (the "Lights (iv) one (1) ground sign (the "Ground Sign and, (v) various underground irrigation lines and underground electrical [cbnuxvrdX\ha 9��1 utLO or trldul,cO,y rMf -.aunt to =mach from JSkbJ110160211a1ll19r01f conduit (the "Underground Lines on the Real Estate; and all of which shall be collectively referred to as the "Encroachments The right -of -way area upon which these Encroachments will be encroaching is more particularly described in Exhibits "B -1 and B -2" which are attached hereto and incorporated herein by reference (the "Right of Way Area WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Encroachments within the Right of Way Area, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "C and WHEREAS, the Encroachments either already exist or will be installed upon on a portion of the Right of Way Area designated as dedicated right of way east 96 Street, identified as "New 75 0' (half) R- OW" on Exhibit C. and WHEREAS, this Right of Way grant is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Encroachments encroach upon the Right of Way Area, as said Encroachments are depicted on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachments; and WHEREAS, the location of the Encroachments as indicated by the Owner on Exhibit C, should not materially interfere with the City's use of the Right of Way Area. [cb ruPcr k realeaacau oncatw mamth fin dul Full 101601» ,I]tIaU7J NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2, The City consents to the Encroachments for only so long as: (i) the Encroachments exist; and (ii) Owner complies with the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change any or all of the Encroachments from what is depicted on Exhibit C, 4. Owner agrees that City shall have the right to remove any portion of the Encroachments as City deems necessary, in City's sole discretion, to install protect and/or repair any utility lines, sewer lines or drainage ditches located in any or all of the Right of Way Area, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Encroachments. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, GL_mrvmthtbtSVtarmgd:roal exam mNNtuorlduideuoior&t,n coven m encroach from (Lek hill utto013m.t1 /19101J employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction and/or damage to any property or improvements, located on the Real Estate, or otherwise, which results directly or indirectly from any action or inaction of the Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or related to the Encroachments in the Right of Way Area. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Right of Way Area and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Encroachments or due to Owner's other obligations, responsibilities, actions or inactions as set forth herein, 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. 8. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 9. The persons executing this Agreement represent and warrant that they are authorized to (ch.nuvq1N:leWxk.'mmvg 0N1onatters worldni' -ediscin to trt1pnh fiem trick 10 IOkO"e4pelIi[ 011 same. "OWNER" enter into and execute this Agreement for and on behalf of the party which they represent. 10. This Agreement shall be effective as of the date on which the last party hereto executes 4000 East LLC, an Indiana limited liability company Paul A. Pettenaro, Managing Member Date: t (2.717 Return To: Sandra Johnson City of Carmel One Civic Square Carmel IN 46032 f3.mnM616cclyamig d wl cscimmatth m1 xlaunmonVDmI <oneuxm twomitk0b1 dick bill 1016725r11I190 71 "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer Date: I S� 07 Burke Member i 10-c-07 pr te: lA) I 510 °7 1 (TJT i .1 Cordray, Tr Clerk- Treasurer 0 Mary D e Date: STATE OF INDIANA SS: COUNTY OF i Before me, a Notary Public in and for said County and State, personally appeared Paul A, Pettenaro, Managing Member of 4000 East LLC, an Indiana limited liability company, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and Notarial Seal this 27 day of NDUeYI' eeic 20E, My Commission Expires: Ob /li Rig 3,40i ,Toi4N55mN Printed Name STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared JAME „i„ BRAINARD and MARY ANN BURKE, by me d b e known o ke De,Menib o 'tlieCit,. of Carmel Board of Public Works and Safety, and d 13�L t trElt. PE—u r orT}&Cirr., OF CARMEL, who aclnowledged the execution of the foregoing "CONSENT4TQ °BN tQA ",6n, behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this6 day of My Commission Expires: /e /o9 IcbmsmdJianelrf lykmi awemaualrvldvidememetom .c mu-m to enamel' ream J Sk lu91016A'aipe11/19/O?) My County of Residence: He YYi 1 LJrii'1 Printed Name NOTARY PUBLIC 1 C- O nrt i, My County of Residence This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. J7; an t. Cerr c C14 r(L Titeastj After recording return to-Dettglas-Gaattey, Cartel @ity Attorney, City Hall, One Civic Square, Carmel In. 46032 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. Douglas C Haney R4teten TD go acka S CY" CON/ of Cat rh-oik A LL C,tAc- ctea ne_. c 1. nne-t t NJ 4ta oa-) jcbmwrry:hVrok+atoiog E mil glJr, moucrzh dt,de avo.wt,n-coaxal to =match fora ilak hill 10lo0S7 milt MT! LEGAL DESCRIPTION: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 4 EAST IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 17 NORTH, RANGE 4 EAST 1010.00 FEET NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST (ASSUMED BEARING) FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 90 DEGREES CO MINUTES 00 SECONDS EAST ON SAID LINE 190.00 FEET TO THE WESTERLY RIGHT OF -WAY LINE OF LAKESHORE DRIVE EXTENDED SOUTHERLY 70 SAID SOUTH LINE; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS ON SAID RIGHT -OF -WAY LINE 150.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 380.00 FEET; THENCE NORTHEASTERLY ON SAID RIGHT -OF -WAY LINE ON SAID CURVE, AN ARC DISTANCE OF 170.35 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 25 DEGREES 45 MINUTES 35 SECONDS EAST ON SAID RIGHT -OF -WAY LINE TANGENT WITH SAID CURVE 100.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 320.00 FEET; THENCE NORTHEASTERLY ON SAID RIGHT -OF -WAY LINE ON SAID CURVE, AN ARC DISTANCE OF 129.58 FEET TO A POINT LINE; NORTH 00 DEGREES 00 THENCE SOUTH 90 DEGREES 00 MINUTES U 0 00 SECONDS OF SOUTH PARALLEL WITH SAID SOUTH LINE 302.70 FEET TO A POINT ON A LINE WHICH BEARS NORTH 00 DEGREES 00 MINUTES 00 SECONDS FROM THE PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS ON SAID LINE 530.00 FEET TO THE PLACE OF BEGINNING: DESCRIPTION OF RIGHT -OF -WAY An additional Twenty (20) feet of right -of -way along the north side of 96 Street lying in part of the South Half of the Southwest Quarter of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, said additional right -of -way described as follows: Commencing at a point on the south line of the above captioned Southwest Quarter Section, being 1010.00 feet North 90 degrees no minutes no seconds East (assumed bearing) from the southwest corner of said Southwest Quarter, said point being the southwest corner of the parcel from which the described right -of -way area lies within; thence North no degrees no minutes no seconds East, along the west line of the parcel 55.00 feet to a point on the north line of the existing fifty -five (55) foot one -half right -of- way line and the POINT OF EEGAVNING of the additional twenty (20) foot right -of- way; thence continuing along with the west line of the parcel, North no degrees no minutes no seconds Bast, 20.00 feet; thence North 90 degrees no minutes no seconds East, 190.00 feet to a point on the east line of the parcel; thence along with said east line, South no degrees no minutes no seconds West, 20.00 feet to a point on the north line of the aforementioned fifty -five (55) foot existing right -of-way line; thence along with said north right -of -way line, South 90 degrees no minutes no seconds West, 190.00 feet to the point of beghming. The above described right-of-way description was written without the benefit of a boundary survey_ The description is based upon information taken from record documents. Client: Miranda Construction Dated: November 2, 2007 Pile No.: 107264 (1010.00' REC) N 90 °00'00 "E T N 90 °00'00 "E PROJPGT'.QIFORMA71aN SW CDR., SW -4A. SEC. 6, 717N, R 4E C and G Real Estate Inc. DES 20' A EXHIBIT DESCRIPTION EXHIBIT THE DESCRIFIION AND EXHIBIT WAS WRIITEN AND DRAWN WITHOUT THE BENEFIT OF A BOUNDARY SURVEY. THE DESCRIPTION FOR THE "TWENTY (20) ItEI OR ADDRIONAL RIGHT —Or —WAY WAS WRFfltN FROM RECORD DOCUMENTS_ z PO DESC. ---1.. h LINE VINE ES51. 55 MOT 1/2 RUN WE FMB NO. 107264 DATED 11/2)2007 DRAWNBY A.S CHECKED 4000 East 96th Street 5 90°00'00" W 160 OD' C/L 90 STREET (110" R.O.W.) SOZ.I L E PASaL 0 8 75 Ill. RA.11 w N 90100'00" E g cI 0 5 wont?. w N4 N LeF ar mE ain.. ti 190.00 S FON 1/2 RR UNE b to. HOLLOWAY ENGINEERING S po" P.O. Dax234 Moarasvnle, IN. 4815 Ph: 317 -631 -7918 R�1 trQf�c'via'-y Uncireaelitznent Smart Car 4000 East 96th Street, Indianapolis, Indiana Scale: 1 30.0' a a 0 E 0 DC LANDSCAPE ISLANDS AND POLE LIGHTS IN R.0 Sr NEW GROUND SIGN IN R.O.W. BY OWNER NEW POLE LIGNI' e M R.D.W. tap NEW POLE LIGHT N R.O.W. g o: id* 'I l �I I I I I I I I I I 1 LAKE SHORE DRIVE 60.0' RIGHT -OF -WAY