751 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:
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Burkemr 70(p
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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