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Home My WebLink About611 Rangeline Rd - Li, Benjaminand eb: msword :s:\shared\Ipickett \forms\consents to encroach \ben k consent doc.9 /13/06] CONSENT TO ENCROACH Way identified as "Rangeline Road" on Exhibit B; and 1 200600066421 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 11 -03 -2006 At 02 :47 PM. ENCROACHNNT 25.00 APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Benjamin Li 611 North Rangeline Road, 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, Owner has installed a suspended sign (the "Sign within the proposed thoroughfare Right of Way of Rangeline Road (referred to hereinafter as the "Improvement and WHEREAS, Owner has given the City a sketch (the "Sketch depicting the location of the Improvement, copies of which are attached hereto and incorporated herein by this reference as Exhibit B; WHEREAS, the Improvement is constructed within proposed public Right of Way (the "Right of WHEREAS, the proposed Right of Way is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Improvement will encroach (the "Encroachment upon the Right of Way, which Encroachment is highlighted on the Sketch; and WHEREAS, Owner and City acknowledge the location 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 Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City's use of the proposed 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 Improvement and/or the Encroachment from what is depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove or obstruct all or any portion of the Improvement as City deems necessary, in City's sole discretion, to install, protect and/or ebmsword :s:lsharedllpickett\forms u to eacroaclAbea li caaseot.doc:10 /12/061 2 len:mswv,a:.: shareapicket6forms coosans to encmed bcnsconscoiaa:1a1va] 3 repair any City signage, any telephone lines or cables, other utility lines or cables, sewer lines or drainage ditches located in any or all of the proposed Right of Way; to maintain sight lines, and/or for any other lawful purpose whatsoever, 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 Improvement 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 improvement, located within the proposed Right of Way, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and agents in the proposed Right of Way and/or from or as a result of the Improvement. 6. Owner agrees to repair or replace, at Owner's sole cost and expense and to City's reasonable satisfaction, any utilities or improvement (whether located above, below or on the surface of the proposed Right of Way) damaged as a result of the installation, construction, maintenance or operation of the Improvement. 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 proposed Right of Way and/or any improvement located therein caused by the installation, construction, maintenance or operation of the Improvement. "OWNER" 8. 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. 9. 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. 10. 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. 11. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 1eb.msword \shared\Ipickett \forms consents to encroach \ben li consent doc9/13/061 ames Braina,rd, Presiding Officer D. te: 0(6 ATTEST: 4 "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUB IC WORKS AND SAFETY Mary A ur ember Date: a,/ 'emb r Lori Wats Date: Ieb:msword s\sharedUpickelt\formskonsents to encroach \ben li consent.doc:9 /13/06] „/Sandra 1VI. Johnson, ty Clerk for Diana Cordray, I M Clerk- Treasurer Date: l /DP Return to: Sandra Johnson City of Carmel Clerk Treasurer's Office One Civic Square Carmel, IN 46032 5 1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this do ument u,a.,ess required by law. n Lure) STATE OF INDIANA SS: COUNTY OF My Commission Expires: c2,4 2-0(7 STATE OF INDIANA SS: COUNTY OF HAMILTON My Commission Expires: leb: msword: s:\shared\pickett\forms\consents to encroach \ben li consent doc:9 /13 /06] NOTA PUBLIC Printed Name Before me, a Notary Public in and for said County and State, personally appeared Benjamin Li, 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 of 200 6 My County of Residence: Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, an me kjo t�be the r Members of the City of Carmel Board of Public Works and Safety, and BMA L. 01ZDRAY; ler Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing, `,`Consent To Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of ki NOTARY PUBLIC 6 Printed Name My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. LEGAL DESCRIPTION Part of the Northwest Quarter of Section 30, Township 18 North, Range 4 East, in Hamilton County, Indiana, and more particularly described as follows: The South Half of the following described real estate, to -wit: Commencing 52 rods South of the Northwest Corner of Section 30, Township 18 North, Range 4 East and running thence East 12 rods, thence North 8 rods, thence West 12 rods, thence South 8 rods to the place of beginning. Recorded in the Office of the Hamilton County Recorder on August 31, 2005 as Instrument #2005000056933. 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