Gray/131st - Carmel Lutheran Church Instrument
a r'c�7 nstrument
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and be f
Carmel Lutheran Church, Missouri Synod, 4850 East 131 Street, Carmel, Hamilton County, Indiana,
46033 "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 (the "Real Estate which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference "Real
Estate commonly known as Carmel Lutheran Church, 4850 East 131 Street, Carmel, IN 46033, which
is located within the corporate limits of the City of Carmel, Indiana "Carmel Lutheran Church and
WHEREAS, the official deed for the Real Estate was recorded in the Office of the Hamilton
County Recorder on January 3, 1978, Deed Record 301, pages 754 and 755 as Instrument Numbers 8387
and 8388; and
WHEREAS, Owner has an existing sign (the "Sign on the Real Estate; and
WHEREAS, Owner has given the City a sketch depicting the existing location of the Sign on the
Real Estate, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "B
(the "Sketch and
WHEREAS, the City has requested Owner to convey to the City additional right of way beyond
that referenced in the City's thoroughfare plan; and
WHEREAS, the Sign is constructed on portions of the Real Estate requested by City to be
designated as dedicated Right of Way (the "Right of Way identified as "Gray Road and East 131
Street" on the Sketch; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
200400066433
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
INDY 1421743v3 1 09 -23 -2004 At 01:16 pm.
ENCROACHMNT 24.00
WHEREAS, as indicated on the Sketch, a portion of the Sign encroaches (such portion referred to
herein as 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 indicated by Owner on Exhibit "B and
WHEREAS, the location of the Sign as indicated by the Owner on the Sketch, 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 materially extend, increase or enlarge the footprint of
any or all of the Encroachment from what is depicted on the Sketch, provided, however,
Owner may perform maintenance, alterations and improvements to the Sign which do not
materially increase the footprint of the Encroachment.
4. City agrees that so long as this Agreement is in effect, the City shall not require the
removal or alteration of the Encroachment or the Sign, except as permitted by applicable
law. The City, during any installation or repair of any utility lines, sewer lines or drainage
INDY 1421743v3 2
I
ditches located in any or all of the Right of Way shall not damage the Encroachment or the
Sign. City shall use reasonable efforts to locate such utility lines, sewer lines or drainage
ditches in a location that will not effect the Sign.
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
on the Right -of -Way which results directly or indirectly from any negligent action or
inaction of the Owner, its employees, officers, officials, invitees, licensees and/or agents,
regarding or related to the Encroachment in the Right of Way.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City in
replacing or repairing any damage to improvements located in the Right of Way caused by
the maintenance and/or operation of the Encroachment after the date hereof, or due to
Owner's breach of any of its other obligations, responsibilities, actions or inactions as set
forth herein. Owner further agrees that City may enforce Owner's obligations and
responsibilities as set forth herein through the exercise of any legal or equitable remedies,
including, but not limited to, the City curing any continuing breach of Owner's obligations
and responsibilities, at Owner's sole cost and expense.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to the City a recorded copy of same within ten (10) business days after City
delivers a fully executed original to Owner. In the event this Agreement is not timely
recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole
expense for recording costs.
INDY 1421743v3 3
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. 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.
10. This Agreement shall be effective as of the date on which the last party hereto executes
same.
Remainder of Page Intentionally Blank Signatures Appear on Next Page
INDY 1421743v3 4
"OWNER" "CITY"
CARMEL LUTHERAN CHURCH CITY OF CARMEL, INDIANA
MISSOURI SYNOD BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
thT Peen
Mar Grant, Chairman James Brainard, Presiding Officer
Date:
Date: 9 -j
)71/ tj 4 9
Mary Ann urke, M +b r
Date:
itt
Lori atson, M• Of
Date:
ATTEST:
J San M. Johnson,
D, In Clerk for
liana Cordray, A C, Clerk Treasurer
Date: 4 16 toV
INDY 1421743v3 5
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared MARK
GRANT, CHAIRMAN of CARMEL LUTHERAN CHURCH, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this 3 Pg day of 5 p &p/1/4.V el' 200
.______41-Maa.1_1_(,,_t_C-k.6
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence:
se P Deborah A. Lockman
STATE OF INDIANA r.> n Notary Public Indiana
County of Johanson
SS: 11 0IA My Comm. Expires: Apt 24, 2010
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES'.
B*iD, MARY ANN BURKE and LORI WATSON, by me know bm� known to be the
Members of the City of Carmel Board of Public Works and Safety, and ANAL.. bnE I Y, Clerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the ,foregoin 'IC:PNSENT
TO ENCROACH" on behalf of the City of Carmel, Indiana. r J`
Witness my hand and Notarial Seal this 15 of
%Ave
200
e .,;,..:,:s:I0._ ,r,,a!,.:::,,:,,,,,,.„
NOTARY PUBLIC
My Commission Expires:
C -Ann 1ba.1,4
Wi9 /0 Printed Name
My County of Residence:ti4
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
INDY 1421743v3 6
EXHIBIT A
Proposed Fee Title Right -of -way Grant from Carmel Lutheran Church, Missouri
Synod to The City of Carmel, Hamilton County, Indiana, along East l31 Street and
Gray Road.
A part of the Northwest Quarter of Section 28, Township 18 North, Range 4 East of the
Second Principal Meridian in Clay Township of Hamilton County, Indiana, being more
particularly described as follows:
BEGINNING at the Southwest corner of the Northwest Quarter of Section 28, Township
18 North, Range 4 East of the Second Principal Meridian in Clay Township of Hamilton
County, Indiana; thence South 89 degrees 48 minutes 23 seconds East along the south
line of said quarter section and along the south line of real estate as contained in Deed
Record 301, page 755 as found in the Office of the Recorder of Hamilton County,
Indiana, a distance of 800.00 feet; thence North 00 degrees 19 minutes 22 seconds East
parallel with the West line of said quarter section 50.00 feet; thence North 89 degrees 48
minutes 23 seconds West 720.00 feet; thence North 44 degrees 44 minutes 30 seconds
West 49.44 feet; thence North 00 degrees 19 minutes 22 seconds East parallel with said
West line 459.50 feet to a point on the North line of said real estate; thence North 89
degrees 48 minutes 23 seconds West along said North line 45.00 feet to a point on the
West line of said quarter section; thence South 00 degrees 19 minutes 22 seconds West
along said West line a distance of 544.50 feet to the Point of Beginning.
Containing 1.44 Acres, more or less.
EXHIBIT B
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DRAWN BY 5
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Carmel Lutheran Church c h !ND!A NA IND 4626
2000600 RY (317) 946 -6611 ALLAN !I WF.IIIE, P 6. LS rgo
PRESIDENT
DATE KR 0
R/W Conveyed to City of Carmel IO2000l 07/08/04 CIVIL ENGINEERS
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1 LAND SURVEYORS IAND PLANNERS