Range Line - Old National Bank- Centre Associates OP l 0 O 200200071424
Filed for Record in
3
HAMILTON COUNTY, INDIANA
MARY L CLARK R
ENCROACHMNT 23.00
APPROVED, AS TO
CONSENT TO ENCROACH FORM BY:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Centre Associates, an Indiana Limited Partnership, 4495 Saguaro Trail, Indianapolis, Marion County,
Indiana 46268 "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 which is more
particularly described in Exhibits "A" attached hereto and incorporated herein by reference "Real
Estate commonly known as the Old National Bank, which is located within the corporate limits of the
City of Carmel, Indiana "Old National Bank and
WHEREAS, the official deed of the Real Estate was recorded in the office of the Office of the
Hamilton County Recorder on February 21, 1986 in Book 354, Page 229; and
WHEREAS, Owner wishes to install landscaping (the "Landscaping and parking lot lights (the
"Lights on the Real Estate; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Landscaping and the Lights on the Real Estate, a copy of which is attached hereto and incorporated
herein by this reference as Exhibit "B and
WHEREAS, the Landscaping and Lights will be installed on a portion of the Real Estate
designated as Dedicated Right of Way (the "Right of Way'), identified as "EXISTING 45' ''A RIGHT -OF-
WAY (Range Line Road)" on Exhibit B; and
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WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Landscaping and the Lights encroach (individually
and collectively, the "Encroachments upon the Right of Way, which Encroachments are indicated on the
Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Landscaping and Lights 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 Encroachments for only so long as:
(i) the Encroachments exist; 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 any or all of the Encroachments, the Landscaping and /or the Lights from
what is depicted on Exhibit B.
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4. Owner agrees that City shall have the right to remove any portion of the Landscaping
and /or the Lights 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 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 Landscaping and /or the Lights.
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 Real Estate, or otherwise, which results directly or indirectly from any action or
inaction of the Owner, its employees, officers, officials, invitees, licensees and /or agents,
regarding or related to the Landscaping, the Lights and /or the Encroachments 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 the Right of Way and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Landscaping
and /or the Lights, or due to Owner's other obligations, responsibilities, actions or inactions
as set forth herein.
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7. 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.
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.
"OWNER" "CITY"
CENTRE ASSOCIATES CITY OF CARMEL, INDIANA
AN INDIANA LIMITED PARTNERSHIP BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
David H. Kosene, Partner J es Brainard, Presiding Officer
SSN: Date: 7 3/- O_2
Date: 7 2 2 Mary A Member 41/1-40-
Date:
Member
Date:
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ATTEST:
.41:
-17;4. L� r f4.110+ aoeA r '0144 a er *X
Date: 7- .3 ltii t
STATE OF INDIANA 4„ ,p,..,./1 r,:•
SS:
COUNTY OF (.1O
Before me, a Notary Public in and for said County and State, personally appeared°DAVID H.
KOSENE, PARTNER OF CENTRE ASSOICATES, AN INDIANA LIMITED PARTNERSHIP, 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 thisa d-, day of \1J l 20a-
C/
NOTAR UBLIC
My Commission Expires: I N 1
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Printed Name
My County of Residence: 1
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD and MARY ANN BURKE, by me kn 'a aanc me known tQ e 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 3(§ day of A .,,2 4 4 )0'1,0--- 4 :e
NOTARY PUBLIC x':
M) Commission Expires:
44/4/ 4i✓ c V�
C9 i 2 4026o 7 Printed Name
My County of Residence: gl��,I.T rJ
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
H: \Janet \Armstrong \Consent to Encroach
Return Original To:
Carrie A. Gallagher
Clerk- Treasurer's Office
CITY OF CARMEL
One Civic Square
Carmel, IN 46032
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A part of the Southeast Quarter of Sectien 36, Township
18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southeast corner of Southeast Quarter of
Section 36, Townshipil8 North, Range 3 Zast Hamilton County,
Indiana: thence North 89 degrees 20 minutes ,15 seconds West
(assumed bearing) South line of said.SoutheastQarter:::, i
198;00 feeti thence North 00 degrees 00 minutes 00 -seconds
parallel with the East line of said Southeast Quarter 45.00 feet
to the South line of. the Real Estate described in Deed RecorC 354,
pages 231-233 of the; Hamilton County Recorder's Office and the
true point of beginning for the tract' herein described;'thence
North 00 degrees 00 minutes 00 seconds parallel with the East line
of said Southeast Quarter 204.85 feet; thence South 89 degrees 20
minutes 15 seconds East parallel with the South line of said
Southeast Quarter 153.00 feet to the East line of the.Real Estate
described in said Deed Record 354, page 231; thence south 00
degrees 00 minutes 00 seconds 180.38 feet (this and the next two
(2) courses are on the boundary of said Real Estate); thence south
45 degrees 19 minutes 38 seconds West 34.40 feet; thence North 89
degrees 20 minutes 15 seconds West 128.53 feet to the true point
of beginning; containing 0.712 acres, more or less.
Subject to all legal easements or rights-of-way.
Note; This legal description prepared based upon information in a
survey performed by Weihe Engineers, Inc. dated July 10, 1985 and
last recertified February 18, 1986.
Dated. July 3, 1986
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fl U� WERE ENGINEERS INC.
10505 N. COLLEGE AVENUE aux A wou. PA .t.S.
15 1 riA.P.ONNOIANA 45250 mew
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O LD BANK
LANDSCAPE EXHIBIT
116TH ST. AND RANGELINE RD.
y' EJSting Trees to be Preserved and Protected y�
During Construction Localions of Proposed
X Plantings may need to be adjusted n the Reid
to Accomodate Location of Emoting Trees,
(Approximate Location of Brisling Tees
Shorn)
48' Owed Alberta Spruce (5)
:12 "•ed. Bon Crabapple (2) 'r. �`t5 P`1... 11
112' Impeiiat HOneybcu01 (51 :'r ,s;r+ b'.i„ `•�'i
°li"E ::tip` h'•
I z3AJ'. d .a' }fu�rY�'i',"�f.P ,.!w',i •n`.'i
1 l2' Red Baron Gabappla (5) .''G' tk.• t.+ 1, _.w)' iax s.; ,1.1t. e9 .2 �)')fi:•
,Y: :a; s VVTi'
n :v y�;. S T •a�� w` k� G :,,.,'1; T I
24' Fruitland Camper Pliper (5) I 'J dy ^L�J y C dJ L l�, t, I I
3' O C ri 1 t 1 '2 aE i�vt, vt, 3 r :i .a,r 4 I I
24
h ,rt: Dwail Rummy Bush (29 l
24' Hartland Celnpaci Potter (8) ^.I
29' Dense Yew (5) ;p 48' D,rdrt Alberta Spruce (7) 3" 0.0 At I I
3' O C 40 02 Fiancee Hosla (6) 02 Fiancee Bode (6) 1 =1
1 .11
'''A 82 Fiancee Hosla (6) 02 Fiancee Fiesta (6) 4 Fruitland Compact I I
Meer (6) c p
24' Fruitland Compact FN.,- (5) —'s t o 3' O.C. 1 I 1 12" Red Baron Crabapple (2) 6E
3' O C a� 24 Anthony Walenrc• di I I� III 3 0 IA; tI 1
t m wc*xa
Etlie'X18fafr a ma3324 X29' Gold Flame t_4L 1 I
2C Dense Yew (5) l t C 6I a O.0 1 f
3'O 1iyfa x 3 cod.. j V
0 5,12-15' I: 24" Crimson PYg aartleny (t at
4� 2 q 5 P, 5 24' Owed O Oblarwm (1 t �•y 1 2 Impe i al Honeylocus1 (4) 3.
24' Fruitland Compact Pilze (5) -1 r`"r t'µ' 1. i r i Yt y i r' 3D' O c
2 t k� o L. fi� r jys _-24 Gold Flame Spie al4) �3 1 1 `D
24 Dense Yew (5) •l ,'t" C y v+ 3 OC 1 r f
3'0 C t, s t� 4{ k$-•1`'6- Y• .„Ik a. 0 t+� .I 1 Z
at"` T r ,3Jr �n' i C 7h 9�� y
ti dSSiV 30 1 I
24' Rultland Compact Phtro (5) �I T t 11 1. 4 tr +C 2 Uwad Foulam Gr ess (6) 4w
3'0 C. el 3l O. t a 1 I i N n k of r �.i. r r. I I
I. ri ter" 1 t 4 't,.q, a y 'yx,� 5.v,
24' tense Yew rer 1 °4 s 1 �.i�r 1 02 road F hy, Gt�ss (6) t I i
3 O C .,'.'}'y `-y 4 71 24' Gold Fla e P I 60' BUILDING
I RP d t %a °l, {1k r .Y.. -3� 1_9.q,_ 7 aea 1.411 L SEBACK LINE
I o *Y, -G Te, c n I 24 Crimson PYgnN Barb ry (1
1 24" Gold Flame Sprea 6 y 7 M p'O)LF 24 3 O C Watere pirea (3) M1 I I
1 '24' Gold Ilame_.lpirea_(6) ti I i
Ai I 2a'CrmsonBabery 7 1 1
a. 24 Crimson Pygmy Barbeny (6) 3' o C. ma.
3' o c. 24' Dwelt Opules utb�um (10) 1 I 4 .Nf
�i 1 t2" Imperial Honeylacust (a) I I Ig �1 77 .1.-- 15' BUFFER
s: 1 V." Red r (1) Baron abapple
1
I 1 0 i 1 52' Red i Baron Crabapple (1)
Q Ur 441 I 70' PROPOSED R O. (V2)
1 12 I PER CRY OF CARM Crabapple (2) I THOROUGHFARE PLAN
i 1 i 7 O O P Y "L OYO P. r ,z... ____,_60 PROPOSED ROW (12)
s s f 1 1 V '1 d -$y•!� S�5 V} i 45' EXISTING R.O.W. (12)
t i+ _sae;_ etd'; 04..'it.k.. w I 1 yizt .t
itl I i of 1
r: I 0l 1
1 60' BUILDING SETBACK LINE� l I I
'4
116th STREET
,aa AM T
Prepared By:
Mid States Engineering,LLC IN
350 E. New York, Suite 300
Indianapolis, IN 46204 0 10 30
June 19, 2002
S: \ENG \1111380 /1380exhibit.dgn 06/20/2002 09:12:07 AM