2201 E 106th - King of Glory200300006790
APPROVED, AS TO
CONSENT TO ENCROACH FORM dY.
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
the King of Glory Lutheran Church, 2201 East 106th Street, Carmel, Hamilton County, Indiana ( "Owner "),
and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety
2 03rir_00679U
( "City "), Filed for Record in
HAhIILTON COUNTY, INDIANA
JENNIFER
ril- 17_`DCrJ HAYD
ENCROACHNNT10:58 am.
WITNESSETH:
cG, 00
WHEREAS, Owner owns in fee simple certain real estate ( "Real Estate "), which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference ( "Real Estate "),
commonly known as the King of Glory Lutheran Church, 2201 East 106th Street, Carmel, Indiana, which
is located within the corporate limits of the City of Carmel, Indiana ( "King of Glory "); and
WHEREAS, the official deed of the Real Estate was recorded in the Office of the Hamilton
County Recorder on January 13, 1962 in Book 171, page 443; and
WHEREAS, Owner has constructed a ground mounted sign (the "Sign ") on the Real Estate; and
WHEREAS, Owner has given the City a sketch (the "Sketch ") and a photo (the "Photo ") depicting
the existing location of the Sign on the Real Estate, copies of which are attached hereto and incorporated
herein by this reference as Exhibit "B" and Exhibit "C "; and
WHEREAS, the Sign is constructed on a portion of the Real Estate designated as Dedicated Right
of Way (the "Right of Way "), identified as "Right of Way for East 106th Street" on Exhibit B; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Sign encroaches (the "Encroachment ") upon the Right
of Way, which Encroachment is identified on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
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WHEREAS, the location of the Sign as indicated by the Owner on the Sketches, 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 any or all of the Encroachment and /or the Sign from what is depicted on
the Sketch.
4. Owner agrees that City shall have the right to remove any portion of the Sign 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
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
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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 Sign and /or the Encroachment 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 Sign, or due to
Owner's other obligations, responsibilities, actions or inactions as set forth herein.
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.
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"OWNER"
KING OF GLORY LUTHERAN CHURCH
William E. Erickson
Property Council Member
SSN: 036' -J -7501
Date: II-10 -c!-
Please return to: Sandra Johnson
City of Carmel, 1 Civic Square, Carmel
Indiana 46032
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4
"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
ames Brainard, Presiding Officer
Date: 472 y `
Mary Ann G urke, Me ber
Date: —
L6ri W
D
T
Diana Co dra7 /A
Date:
file Johns0itig
uty Clerk for
8, Clerk- Treasurer
STATE OF INDIANA )
) SS:
COUNTY OF HAMJ.1 f o )
Before me, a Notary Public in and for said County and State, personally appeared WILLIAM E.
ERICKSON, PROPERTY COUNCIL MEMBER FOR THE KING OF GLORY 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 1.741., day of /v0V em Lek ,20O.2.
.91- Kimission Expires:
5 taq a00
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
NOTARY PUBLIC
V . Ke'N pA
Printed Name
My County of Residence: H f i /1i i'H o ti
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me know g1r,3}} d b me known to e the
D- Fo2
Members of the City of Carmel Board of Public Works and Safety, and DIANA. KbRZA e lerk-
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 .f eCsi-, -)-)b _, 20 07i
g
011111111/U0
//
ary Ppbi�i�G
oo °ty I s NOTARY PURL
My Commission Expires: to. 47 M =_
.2
fi v o " Printed Name
e, •
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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5
171. 44,5
roux - ---
WARRANTY DEED
l Ilia 9I,, c,i ure 19 i,,raeclh, 7 %i i C.LLd; ?i 11. CUULD, unmarried and of .Lawful age
1amilton County, i,: the State of Indiana
Coupe) and IG'mraut to KING OF GIIORY LU'lh[ERAN CHURCH OF INDIANAPOLIS, INDIANA
for a.•: nr rnr.i:der•uio,,
o/ Hamilton County in the State of ,Indiana
"1 One Dollar and other valuable considerations
the receipt whereof it hereby aot€r:ou•Ldged, the following deu,,bed Red Estate rn
County iu the State of Indiana, to -wit:
A part of the West Half, of the Northeast Quarter of Section
7, Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, being more particularly described as follows:
Beginning 688.9 feet East of the Northwest corner of the West
Half, of the Northeast Quarter of Section 7, Township 17 North,
Range 4 East; thence deflecting to the right 89 degrees and 38
minutes a distance of 420.0 feet to a point; thence deflecting
to the left 89 degrees and 34 minutes a distance of 464.45 feet
to the West Right of Way of New State Highway 4-4431; thence de-
flecting to the left 94 degrees, 49 minutes, 15 seconds, a dis-
tance of 7.34 feet along said Right of way to a point; thence
deflecting to the left 5 degrees, 33 minutes, 15 seconds, a dis-
tance of 350.75 feet along said Right of way to a point; thence
deflecting to the left 51 degrees, 59 minutes, a distance of
109.71 feet along said Right of way to a point; thence deflecting to
the right 62 degrees, 17 minutes, 30 seconds, a distance of
17.37 feet to the North line of the West Half of the above describ-
ed Quarter Section; thence deflecting to the left 90 degrees, 0
minutes, a distance of 306.82 feet to the place of beginning.
Containing in all 4.05 acres more or less..
Subject to all legal easements and rights of way of record. Also
subject to taxes for the year 1951 payable in 1962.
Hamilton
I :�..: :arc. • _ t'_ �.�..7. .Y t.,
However, Grantor, or her heirs, shall have an optional right to re-
purchase said Real l; state within five (5) years, commencing with the 6th day
of May 1961, for the suns of Fifteen Thousand Dollars ($15,000.00) if said
P ry ;c
not ,l=ed for church purposes. It is. however. mutually understood
between the Grantor and the Grantee herein that construction of any permanent
unit for any church service whatsoever upon said premises shall terminate such
option forthwith and forever.
And hither Easel that said grantors do hereby represent and vote that they are each citizens of the United Slates of Amer-
ico, •-...r that raid citizenship has exited continuously since prior
to April S, 1910 1ha: the have been domiciled and rtld in;.
/
;,nor to ,`, t 1 x ;, y (• indirectly-in (l
whatsoever for any foreign country or rrtra.r! thereof; a uer t no one other eL:. above grs or (t) who ( rr) h..:
propriel.:ry right, title or interest in the above denribed real es,. ^..e: either directly or indirectly, during grantors ownership, JAM(
these representatianl and llalea ;eats are made under oo:h to induce she acceptance of this deed of conveyance.
7J1t lllUecns lill[rrca[, tl:c scid ELLEN H. COULD, unmarried and of lawful age
7ntltlar 19 6Z
hand and scat, , this Sth dov oil /% y %
bus 6u <un :u sit her / �
(Seal.)
}L_G1111LD.) (Scab)
Imo+ Ins:macnt V o, Prepa:od
(Seal.)
S, Cm1(ec7 D. Yacg o: (Seal.)
EXHIBIT "A"
•
( `
•.J (r
S'i? i� t [9 �1`1i11�J
'AT I•• 94 CCCOCfZ -- — m
0 0 K ) / / PAGE '7?
• r),c IIANLTON Cnuv:r, (VD.
WARRANTY DEED
FROM
ELLEN H. COULD
io
xrNC OF GLORY__1ILT}ERAN CHURCH OF •
INDIANAPOLIS, INDIANA
Received for record this
day of__. + 19_
at o'clock tn., and
Recorded in Book No. page
Recorder county
Duly entered for taxation this 134
day of
r �
Auditor's fee
Auditor
19 ( 2--
YAEGER & TINDER
129 E. Market St.
Indianapolis 4.•
STATIONERS
INCORPORATED
75 N. PENNSYLVANIA ST.
INDIANAPOLIS
ac aum7 ��!
Detail "A"
No Sco le
Detail "B"
No Scale
Scale V = 40'
- . .
0 20 40
5" Steel Go
(+/-60 P
P.O.U. Cool, 171, f'ujc 443-
4' Concrete 1,Volk
(f4&4)
5..j. on Post,
IPF Mot k et1
epymeerwq
1,,,114 -01 -1Voy for Cost :0616 SI reel -
Determined From the Comprehen.live
I Itorouglatire Pion Updule for Ihe
City 01 Curmel, Doted 1991.
(1101 Pi9N-of -Wuy ■S (Joff) Ex/sting
d Proposed)
. LOT' 21
Wood Gale
cn
CL
LE/r
45 Hclf R/W
N9000'00"W 306.73 (M) 3,6.g2 (R)
North Line of the W/2, NE/4, 7-17 4
—44172(7:0:::Moin
Water Co. Maps
Control Point 1100
11 = 2999.7198
C 3004.2754
69.4'
•
PwPAT/T
r /Drop Clecincal
Sanitary 10.H.
East 1 06th Street
(Cify of Carmel - .As,oholt)
City Water hi.r1
hutch
Sign
King of Glory Lutheran Church
of Indianapolis, Indiana
Book 171, Page 443
4.05 AC±
0.7,0 rent.
CO CIA C D
14.0' 13.3' 13.9' 4.0'
Wood Gale
0
See Ocloil "A"
cio YL
c'YL °Yl
7
QV/
,?/ TR
WV • `r •
Sorinkter-
Comte:lion
29.9'
15.0' 15.0' 15,0'
Mosonry/Frame Church Building
Seriico
• Conc,to
Stoop
0.6'
577-r3
0.5.
c,''fF90
wp
\.//Drop Zer-,C,e
Unit
Goa Regt.,:cor
77.
, 5 . 24.0'
EAST ELEVATION LOOKING WEST
WEST ELEVATION LOOKING EAST
EXHIBIT "C"