611 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
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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.
EXHIBIT "A"
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