12801 West Road-Browning, ChristianAPPROVED GRD
CONSENT TO ENCROACH
2010070883 ENCROACHME $27.00
12/27/2010 04:08:40P 9 POS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
1'1111 1111111111111111111111111 111111111111111111111111
APP rIOV :D AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Christian T. Browning, owner of the property with the common address of 12801 West Road, Zionsville,
IN 46077, ("Owner and the City of Cannel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety ("City"),
WITNESSETH:
WHEREAS, the Owner owns certain real estate in the City of Carmel with the common address of
12801 West Road, Zionsville, IN 46077 and with the Tax Parcel Identification Number of 17- 09- 30 -00-
00- 022.01 (the "Real Estate which real estate is more particularly described in Exhibit A, attached
hereto and incorporated herein by this reference; and
WHEREAS, the Owner wishes to install, operate and maintain a traffic control device and
ancillary equipment, including, but not limited to, a changeable message that displays to approaching
drivers the speed at which they are traveling, solar power panel mounted on the existing mailbox, buried electrical
conduit and conductors, controller, vehicle speed sensor, and mounting hardware (individually and
collectively the "Traffic Control Device on an existing U- Channel post within the right -of -way of West
Road (the "Right -of- Way and
WHEREAS, pursuant to Carmel City Code Section 8 -2, the City is considered the local authority
under IC 9- 21 -4 -3 (b) and is responsible for the placement and maintenance of traffic control devices that
regulate, warn or guide traffic; and
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WHEREAS. the Indiana Manual on Uniform Traffic Control Devices Section 2B.13 allows the
optional installation of a changeable message sign that displays to approaching drivers the speed at which they
are traveling with a Speed Limit sign; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Traffic
Control Device, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B:
and
WHEREAS, as indicated on the Sketch, the Traffic Control Device will encroach (the
"Encroachment upon the Right -of -Way, which Encroachment is crosshatched on Exhibit B: 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 considered a Traffic Control Device as defined in this Agreement; and
WHEREAS, the Encroachment 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
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otherwise change the Encroachment from what is identified in this Agreement.
4. Owner agrees that City shall have the right to remove the Traffic Control Device as City
deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines,
sewer lines or drainage infrastructure, located in any or all of the Right -of -Way, 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 Traffic Control Device 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 and /or damage to any property or improvements, located in
the Right -of -Way, or otherwise, which results directly or indirectly from the Traffic
Control Device and /or from any act of the Owner, its employees, officers, officials,
invitees, licensees and /or agents, regarding or related to the Traffic Control Device and its
installation, upkeep, repair, existence and /or removal in, on and /or from the Right -of -Way.
6. 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 and /or any improvements
located therein caused by the installation, construction, maintenance, operation and /or
removal of the Traffic Control Device.
7. The Owner agrees to be responsible for all costs associated with the installation, operation
and maintenance of the Traffic Control Device.
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8. Owner agrees to install the Traffic Control Device such that all portions of the Traffic
Control Device are at least 4 -feet above the elevation of the adjacent edge of roadway
pavement.
9. Owner agrees to maintain the Traffic Control Device in good working order and shall
immediately update the equipment as necessary based on any changes or updates to the
Indiana MUTCD or as directed by the City.
10. Owner agrees to make any changes to the display board message that are in the interest of
public safety as directed by the City.
11. Owner agrees to allow the City to make any changes to the display board message that are
in the interest of public safety.
12. If the Traffic Control Device includes a lockable cabinet or housing, Owner agrees to
provide two (2) keys to each such lock to the City.
13. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the Traffic Control Device.
14. Owner agrees that certified record drawings of the installed Traffic Control Device shall be
provided to the City immediately upon completion of the construction of same, which
indicate the dimensional location of the Traffic Control Device and ancillary equipment
within the Right -of -Way.
15. Owner agrees to provide notice to the City prior to taking the Traffic Control Device out of
service for maintenance or other purposes and at such time as the Owner no longer desires
to operate and maintain the Traffic Control Device.
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"OWNER"
16. Owner shall be responsible for all costs associated with the permanent removal of the
Traffic Control Device at such time as the Owner no longer desires to operate and maintain
the Traffic Control Device.
15. 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 cost and
expense.
16. 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.
17. 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.
18. This Agreement shall be effective as of the date on which the last party hereto executes
same.
Christian T. Bro /Wing
VIV/0
Date:
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"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
James Brainard, Presiding Officer
Date.
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Allr
ana Cordray. IA
Date: l
6
C. C erk -Tr surer
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared CHRISTIAN T.
BROWNING, 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 \c\ ,I(:. r 20\
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
Meredith Huot
Notary Public Seal State of Indiana
Hamilton County
My Commission Expires 09/20/2017
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NOTARY PUBLIC
Printed Name
Witness my hand and Notarial Seal this 6- day of
My County of Residence: \cl. cZ t\
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, and by n e knows to be the
Members of the City of Carmel Board of Public Works and Safety, and '4 1 .0:' 1-rk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing Consent Jo
Encroach" on behalf of the City of Carmel, Indiana. l, s Ys O
9
NOTARY PUBLIC
C. n�
Printed ame
7
My County of Residence:
20
a
\11:5
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney,
Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032.
10/11/00 WED 16:19 1A1 317 a/b zqua
Susan M. Wood, L.S.
Stole of Indiana, No. 298000005
Sheet 2 of 2
OCT 11 2000 16: 34
Y7.7 aho,,/
rlriu mouel'ls n FU LJ 1e
PROPERTY ADDRESS: 12801 West Road, Zionsville, IN 46077
PROPERTY DESCRIPTION:
A port of the southwest quarter of Sector 30, iownship 16 North, Range 3 E.ost, Described as
follows:
Beginning at a point 1208.0 feet west, 634.0 feet north of the Southeast corner of the Southwest
Quarter of Section 30, Township 18 North, Ronge 3 Eost, run thence north on and along the
centerline of the highway 276 feet to o point, thence east perotlel to the south line of soid
feet to o point, west parallel with with the south I south
of parallel
soid ISouthwestg0uartere265.0efeet 6fo0
the Place of Beginning. Containing 1.68 ores, more or iess.
ExcEPT;
A port of the southwest quarter of section 30, Township 18 North, Ronge 3 East, Cloy Township,
Hom1ton County, Indiana, more fully described by.
Commencing at the Southeast corner of the Southwest Quarter of said Section 30, thence North
tine off rees Williams p e as n r d ecorded in section line and thot
8411903 a d`stancee described
of 1205.97
feet; thence North 02 degrees 26 minutes 02 seconds East, along the approximote centerline of
West Rood o distance of 634.00 feet to the Point of Beginning; thence continuing North 02
degrees 26 minutes 02 seconds East, along the opproximetc centerline of West Rood, n distance
of 40.03 feet; thence South 89 degrees 55 minutes 37 seconds East, a distance of 265.00 feet;
thence South 02 degrees 26 minutes 00 seconds West. along )hot Dort of the west described line
of the Brown Property, as recorded in Instrument Number 90077051, o distonce of 40.03 feet;
thnce North ol Brown Property minutes West, along that part of
8816018 a distonce described
of 265. 0feetto
the Point of Beginning, containing 0.7433 of an acre.
ALSO:
An easement for ingress and egress over the Iaiowrg described real estote, to —wit:
A port of the southwest quorter of section 30, Township 18 North., Ronge 3 East, Cloy Township,
Homplon County. Indiana, more fully describe° by
Commencing ct the Southeast corner of the Southwest Quarter of scid Section 30; thence North
89 degrees 55 minutes 37 seconds West along the section line cnd that port of the north described
line of the Willicros property, as recorded in Instrument Number 8411903 a distonce of 1205.97
feet; thence North 02 degrees 26 minutes 02 seconds East, along the opproximete centerline of
West Road a distance of 634.00 feet to the Point of Beginning; thence continuing North 02
degrees 26 minutes 02 seconds East, along the approximate centerline of West Rood, o distnnce
of 40.03 feet; thence South 89 degrees 55 minutes 37 seconds East, o distcnce of 265.00 feet;
thence South 02 degrees 26 minutes 00 seconds West, along that port of the west described line
of the Brown Property. os recorded in instrument Number 90077051. a distance of 40.03 feet;
thence
the Brown Property as 5recordedeas3lnstrum along
ent Number 8818018 o distance e o North 265.00 feet to
t o
ol
the Point of Beginning, contoining 0.2433 of an acre.
PROPOSED BUYER: Mr. Christian Browning
PROPOSED LENDER: Mvlgoge Plus
TITLE COMPANY: Morgan Associates, Inc.
Flood Statement: The residence located on the within described tract does not lie with the
Special flood Hazard Zone A, os said tract plots by stole on Flood Insurance Rate Mop.
Community Panel Number 180081 0006 C, effective dote: May 19, 1981.
I hereby certify to the parties named above that the reel estate described herein was inspected
under my supervision on the dote indicated and that, to the best of my knowledge one belief, this
report conforms with the requirements contained in Section 27 through 29 of 865 IAC 1 -12 fa o
Surveyor Location Report. The accuracy of any flood hotard Statement shown on this report is
subject to mop stole uncertainty and to any other uncertainty in location or elevation on the
referenced flood insurance rote mop.
DATE OF SURVEY: October 11, 2000
IT "A"
17 076 2=:0E
»iuuun
4 4S T OO\ OtOs
No. 0005
STATE OF t
1' 4 SUR`it -I
t rht
FWK ROBERTS PEI)? INa
Engineers Arehlteeta Surveyors
3307 West 96th Street
rndionapoliS. Indiono 46266
(317) 872 -8400
Ff-1GE. i^•3
1V /11/00 10:1.7 t'n.1 s11 o .:.vvo
This report is designed for use by o title insurance company with residential Iona policies. No
corner markers were set and the Iocotion data herein is based on limited occurocy measurements.
Therefore, no liabi ity witl be assumed for any use of the data for construction of new
improvements or fences.
oI
East Parallel with South line 265.00'
Covered
12' Porch
1 Stone
EXISTING U CHANNEL POST
F� ;eld Type Fence
r111t1 AVUCULZ ac 1 Cll 1G
DOES NOT REPRESENT CURRENT
IMPROVEMENTS ON PROPERTY
265.00
147.1'
Iron Pin F ound
raven
Split Rol f ence (Pv;.)
rOverheod Utilities"1
Exception k Easement for Ingress and Egress
Bltuminou- Drive Instrument No. 9609651236
1 4' Vit Ron Fence (PVC) 265.00'
West Porolle! with South line 265.00'
Iron Pin Found Iron Pin Found
Point of Beginning
OCT 11 2000 16 :3'
;Tj ENCROACHMENT
12801 West Road
Zionsville, IN
EX IT "B"
317 676 2408
NOT TO SCALE
FINK ROBERTS P INC.
Engineers Architects Surveyors
.3307 West 96th Stree
lndionopol +s, Indiono
(317) 872-8400
P1=GE 02
Z1 V 0