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Home My WebLink About751 City Center - Irwin Union BankAPPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Irwin Union Bank, 751 City Center Drive Carmel, Hamilton County, Indiana 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate "Real Estate located within the corporate limits of the City of Carmel, Indiana, which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat for the Real Estate was recorded in the Office of the Hamilton County Recorder on August 3, 2007, Plat Cabinet 4, Slide Number 349 as Instrument Number 200300018026; and WHEREAS, Owner wishes to install an entrance sign (the "Sign on the Real Estate; and WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Sign, copies of which are attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Sign will be constructed on a portion of the Real Estate designated as dedicated public right of way (the "Right of Way identified as "City Center Drive" on Exhibit B; and Leb: msword sAsharedUpickett\forrns\consents to encroach\Irwin union bank sign cte.doc 9/7/07) CONSENT TO ENCROACH 1 2008049378 ENCROACHME $26.00 09/30/2008 11:45:58A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented WHEREAS, the Right of Way is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Sign will encroach (the "Encroachment upon the Right of Way, which Encroachment is crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the locations of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Sign as indicated by the Owner on Exhibit B should not materially interfere with the City's use of the Right of Way. 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 Encroachment for only so long as: (i) the Encroachment exists; 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 the Sign and/or the Encroachment from what is depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion of the Sign 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 or Easements, or for any (eb msword s \sharedMpickett \formskonsents to encroach\irwin union bank sign cte.doc:9 /7/07 2 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 Sign or to Owner. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, 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 or damage to any property or improvements, located on the Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and agents in the Right of Way or Easements. 6. Owner agrees to repair or replace, at Owner's sole cost and expense and to City's reasonable satisfaction, any utilities or improvements (whether located above, below or on the surface of the Right -of -Way and/or the Easements) damaged as a result of the installation, construction, maintenance or operation of the Sign. 7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or all of the Right of Way or Easements and/or any improvements located therein caused by the installation, construction, maintenance or operation of the Sign. 8. Owner agrees that the placement of the Sign in the Right of Way shall be at Owner's sole cost, expense and risk, and that, if City, in its sole discretion, performs any work in the Right of Way including, but not limited to, the maintenance of grassy areas /landscaping or leb:msword sAsharedUpickeu\formskonsents to encroach\irwin union bank sign cte doc:9 /7/07] 3 Date: the snow plowing of streets or sidewalks, that causes damage to the Sign, or any part thereof, any and all repairs to same shall be the sole responsibility of the Owner and that, under no circumstances, shall the City be responsible for any costs of relocation and /or repair of the Sign. 9. 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. 10. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 11. The persons executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 12. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" IRWIN UNION BANK CITY OF CARMEL, INDIANA By: Michael Reed, Authorized re, entative BY AND THROUGH ITS BOARD OF PUBLIC WO -S ND SAFETY Michael Reed V30/0P Ieb ms.sord rkharcddpickettlfonnskonscnts to encroacb0nvm union bank sign cte doc 9/7/071 4 �lof /IECSF of James Brainard, Presiding Officer Date: Mary A Date: (}t Burkemr 70(p Ieb.msword:s \sharedVpickett \forms \consents to encroach\Irwin moon bank sign cte doc:9 /7/07j 5 Lori Watson, M ber Date: 976/lt?' ATTEST: cz C/ iana Cordray C, Clerk- Treasurer andra M. Johnson, Deputy Clerk for STATE OF INDIANA (t SS: COUNTY OFtr Before me, a Notary Public in and for said County and State, personally appeared MICHAEL REED of the Irwin Union Bank., by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed. Witness my hand and Notarial Seal this day oTo.lti 2Qa My Commission Expires: STATE OF INDIANA SS: COUNTY OF HAMILTON Uhn t ej e ,SA NOTARY PUBLIC t Y 6 rty. Printed Name My County of Residence: p a 6 Before me, a Notary Public in and for said County and State, personalfyi'`app aredvJ S BF:AMA MARY ANN BURKE and LORI WATSON, by me kno an /I lid,the: Members of the City of Carmel Board of Public Works and Safety, and .,.C/I 3 i Treasurer of THE CITY OF CARMEL, who acknowledged the execution'ofthe' fo,r5 qiug "664.se.rit Encroach” on behalf of the City of Carmel, Indiana. ;z a ANA Witness my hand and Notarial Seal this C day of My Commission Expires: tcbmsword s \shareinpickeitlfonns\consents to encroach\nvin union bank sign ctedoc 917/07 NOTARY PUBLIC Printed Name My County of Residence: 1 -k& rid 1 FtY n This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this docum rit, un s re i! qua d by law. (signt re) 6 C .anrn OZk1i3 F 9ItIS 55 1` �IF 4\, LEGAL DESCRIPTION Part of the Northwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana Lot #3 in Block 11 of the Carmel Science and Technology Park. Recorded in the Office of the Hamilton County Recorder on August 3, 2007 in Plat Cabinet 4, Slide 349 as Instrument #200300018026. EXHIBIT "A" Schneider THE SCHNEIDER CORPORATION 12821 E. New Market Street Suite 301 Carmel, IN 46032 Telephone: 317.569.8112 Fox: 317.826.6410 www.schneidercorp.com FILE: R: \1211 \034 \dwgs \SIGNEXH.DWG CARMEL SCIENCE AND TECHNOLOGY PARK LOT 3 IRWIN UNION BANK SIGN ENCROACHMENT WITHIN R/W EXHIBIT "B" ASSUMED NORTH SCALE: 1"= 20