Village of Towne Pointe - LandLink Development :fd
0 V 2011036307 ENCROACHME $26.00
i C 08/01/2011 09:39:00A 8 PGS
�'1 1 Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDIIIIIIIIII_
AIP RON 17P1' CONSENT. TO ENCROACH
U" APi TIOVZO AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Landlink Development, LLC, C/o Kayser Swidan, 14525 Whisper Wind Drive, Carmel, IN, 46032
("Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works
and Safety "City
WITNESSETH:
WHEREAS, portions of the Village of Towne Pointe Subdivision (Subdivision), located within
the corporate limits of the City of Carmel, Indiana, have been designated as public Right -of -Way by plat
and identified as "President Street" (the "Right of Way more particularly described in Exhibit A
attached hereto and incorporated herein by reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 3, Slide Number 348,
as Instrument Number 200400010842 in the Office of the Hamilton County Recorder on Feb 20, 2004, as
The Village of Towne Pointe; and
WHEREAS, Owner wishes to install an entrance sign, landscaping and lighting in the Right -of-
Way, (collectively referred to hereinafter as the "Site Improvements and
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WHEREAS, Owner has given the City a sketch ("Sketch depicting the location of the Site
Improvements in the Right -of -Way, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit B; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachment upon the Right of Way, which Encroachment is crosshatched 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 considered Site Improvements as defined in this Agreement; and
WHEREAS, the installation of the Site Improvements as proposed 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 Encroachment from what is identified in this Agreement.
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4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
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 Site hnprovements 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 any act of the
Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or
related to the Site Improvements in 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 or operation of the
Site Improvements.
7. 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 Site Improvements.
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
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Owner, Owner agrees and consents to City recording same, at Owner's sole cost and
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 the last party hereto executes
same.
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'`OWNER" "C1TY"
LANDLINK DEVELOPMENT, LLC. CITY OF CARMEL, INDIANA
A..)
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Kayser Swidan Pa-1014)1
/2 2/OA 0/ James Brainard, Presiding Officer
Date:
A AAa
Mary Burke, Memb
Date: Y-- 1/
•I
Lori Watso F ember
Date: l/ i 1 f 1
ATTEST:
11 iana Cordray, IAMC, ,erk- Treasurer
Date:
Sc «fi
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STATE OF INDIANA
SS:
COUNTY OF tbm O
Before me, a Notary Public in and for said County and State, personally appeared KAYSER
SWIDAN, LANDLINK DEVELOPMENT, LLC., 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 C1 day of OPCe 4k7CY 20
NOTAR P
My Commission Expires:
Vi 'ky L- W b
d tkn2 8 D I1 Printed Naive
My County of Residence: Hill ll{OK
aY p
tiP U
STATE OF INDIANA 2 VICKY L. WEgB
SS: SEAL R esident of Hamilton County
COUNTY OF HAMILTON /yD 0. My Commission Expires June 8, 2017
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 me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
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 /7 day of 20 /1.
2 ;_6t.?„,_,...„22._
L%h�uJ
NOTARY PUBLIC
My Commission Expires:
Ann ,D ✓Is
//1l/7 Printed Name
My County of Residence: J#L I Ptl 1 MDn
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:
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LEGAL DESCRIPTION
Part of the Northwest Quarter of Section 28, Township 18
North, Range 3 East in Hamilton County, Indiana
All of the platted/ dedicated Right of Way of President Street
included with the Village of Towne Pointe Subdivision as
recorded in the Office of the Hamilton County Recorder on
February 20, 2004 as Instrument Number 200400010842 in
Plat Cabinet 3, Slide Number 348.
EXXHIBIT "A"
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1 24,259 sqft
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