1361 Range Line - Guarantee Properties 200300( 374708
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
07 -29 -2003 At 01:44 pm.
ENCROACHMNT 24.00
a4. 00
APPROVED AS TO FORM 8Y
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Guarantee Properties Limited Partnership, 10654 Sunset Point Lane, Fishers, Hamilton County, Indiana,
46038 "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 Day Furs, 1361 South Rangeline Road, Carmel, IN 46032, which is located within
the corporate limits of the City of Carmel, Indiana "Day Furs and
WHEREAS, the official deed for the Real Estate was recorded in the Office of the Hamilton
County Recorder on November 1, 1988 as Instrument Number 8823295; and
WHEREAS, Owner wishes to construct an asphalt parking lot (the "Parking Lot concrete curbs
(the "Curbs and a concrete dumpster pad /wood enclosure (the "Pad and Enclosure on the Real Estate
(individually and collectively referred to hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City a sketch depicting the proposed location of the Site
Improvements 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 Site Improvements will be constructed on portions of the Real Estate designated
as a Utility Easement (the "Easement identified as "30' Utility Easement" on the Sketch; and
WHEREAS, the Easement is beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Site Improvements encroach (individually and
collectively, the "Encroachments upon the Easement, which Encroachments are crosshatched on the
Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on the Sketch,
should not materially interfere with the City's use of the Easement.
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 and/or the Site Improvements from what
is depicted on the Sketch.
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 ditches located in any or all of the Easement, or for any other
lawful purpose, and that, should the City take such action, the City shall incur no obligation
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to repair, replace or reimburse Owner for the cost of any damages thereby caused to the
Site Improvements 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
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 Site Improvements and /or the Encroachments in the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City in
replacing or repairing any damage to the Easement and/or to any improvements located
therein caused by the installation, construction, maintenance and/or operation of the Site
Improvements, or due to Owner's 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 reimburse City for any costs incurred by City in removing all or any
portion of the Site Improvements in order for City to access the Easement and/or any
improvements located therein.
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8. Owner agrees that Owner will not transfer its obligations and responsibilities under this
Agreement without the prior express written consent of City, which consent will not be
unreasonably withheld, and that, in the event of such transfer, Owner agrees that this
Agreement and all the terms and conditions thereof shall be binding on any entity to which
Owner may transfer its obligations and responsibilities hereunder.
9. Owner agrees that the placement of the Site Improvements in the Easement shall be at
Owner's sole cost, expense and risk, and that, if City, in its sole discretion, performs any
work in the Easement including, but not limited to, the maintenance of grassy
areas /landscaping or the snow plowing of streets or sidewalks, that causes damage to the
Site Improvements, 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 Site Improvements.
10. 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.
11. 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.
12. 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.
13. This Agreement shall be effective as of the date on which the last party hereto executes
same.
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\A
"OWNER" "CITY"
GUARANTEE PROPERTIES LIMITED CITY OF CARMEL, INDIANA
PARTNERSHIP BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
fr
G. Wi liam Armstrong, General Pa ner ames Brainard, Presiding Officer
SSN: 0 7 i._ J-E ?o/6 Date: 0_3
Date: 7.2/0 3
a
Mary Ann rs urke, Member
Date: cQ
Lori Watson, Me le
Date: 03
'74 .ioir &z00%
r l
ATT ST: ,C7 ic: p oatY Clerk 201
Diana Cord `1�►r `C' Ourer
o r
Date:
'r 46
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STATE OF INDIANA
SS:
COUNTY OF J mil Lin M
Before me, a Notary Public in and for said County and State, personally appeared G. WILLIAM
ARMSTRONG, GENERAL PARTNER of GUARANTEE PROPERTIES 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 this 214/7 day of 70,)e 20 03.
Xeini
/C%/9
NOTARY PUBLIC
My Commission Expires: L f 5 R 1 169,4fp
d 5 f g .00 Printed Name
My County of Residence: /lAn,, /0,
STATE OF INDIANA
Uy_a_AJU SS:
COUNTY OF 'POW
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,,,,n y r ac8au t o tthe
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. C 'bRDRAY, 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 29LIpday of ii- 0 q
i �alghe r 'i 1(JL(�C� C j
Csa•''' n C ot, R Y PUBLIC S My Commission Expires: v,-4, ,e.L':,�, :7:-
z NOTARY PUBLIC SEAL C
i. August 3, 2007
S. 0 V k1:114-10 Name
a
460' ounty of Residence:
//IIIIIII11
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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f
Form No. 3
,Vote: Use of this ii,rin rnrrsrirure-r practice a /'tu■. awl is Thuile(' rn practicing l
WARRANTY DEED
8823295
THIS INDENTURE W'I "I'NESSE "I'll,'Ihat 0. WILLIAM ARMSTRONG and LINDA D. ARMSTRONG,
husband and Wife "Grantor
of Marion County, in the State of Indiana .CONVEY___
AND \VAR RANT to GUARANTEE PROPERTIES UNITED PARTNERSHIP, an Ltdiana
limited partnership
of :'Llrion County, in the State of Indiana for the sun,
of One and no /100 Dollais (..1.00 and other
valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in
Hamilton County, in the State of Indiana:
Part of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, more
particularly described as follows: Beginning at a point on the West line of said
Section, distant 685 feet measured North 01 degree 04 rninutes 45 seconds West along
said West line from the Southwest corner thereof; running thence North 01 degree 04
rninutes 45 seconds West and along the West line of said Section 378 feet; thence North
89 degrees 55 minutes East 250 feet; thence South 01 degree 04 minutes 45 seconds East
378 feet; thence South 89 degrees 55 minutes West 250 feet to the point of beginning.
Except therefrom: Beginning at a point on the West line of said Section, distant 685
feet measured North 01 degree 04 minutes 45 seconds West along said West line from the
Southwest corner thereof; running thence North 01 degrees 04 minutes 45 seconds West
and along the West line of said Section 278 Feet; thence North 89 degrees 55 minutes
East 250 feet; thence South 01 degrees 04 minutes 45 seconds East 278 feet; thence
South 89 degrees 55 minutes West 250 feet to the Point of Beginning.
1. Subject to easements, restrictions and right -of -ways of record.
2. Subject to Taxes for 1988 payable 1989 and subsequent years.
DULL' ENTERED FOR TAXATION
Subject to final acceptance for transfer
t:J LIT 1:.. 1(.7,1"'),711 3
day ---L_ c 195
1:.2
-rLSt Auditor
C> (Ni Hamilton County
LL C
This Instrument Recorded ILL_ 1988
Shai K Cherry. Recorder- Hamilton County. IN
IN WITNESS WHEREOF, Grantor has executed this deed this 31st day of
October 19 88
Signatur2� (SEAL) Signature r i, t vY SEAL)
Printed G. WILLIAM ARMSTRONG Printed _LINDA D• AR_MsTRONG
a) STATE OF INDIANA
SS:
COUNTY OF MARION
0 o Before me, a Notary Public in and for said County and State, personally appeared
N G. WILLIAM ARMSTRONG and LIND7\ D. ARMS' RANG
N who acknowledged the execution of the foregoing Warranty Deed, and 'ho, I ,tvn �ec dt ly sworn; stated that
ro any representations therein contained arc true. v
cf) Witness my hand and Notarial Seal this 31 day() Ocro t 19 B8
�n ._t
IN Q My co e xpires Signa u te i �i'
•o io �`t Printed 0 Y."-- Notary Public
u Residing in
l O q...ounty, Indiana. •8 William B. Olsen
This instrument was prepared by attorney at law.
M
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.AV ENCROACHMENT