4146 E. 96th - Motorcylces of Indianapolis 200.70 {;r i7 7 0
Filer) for R:3cord in
(96. co JFN NfF i... FR Cpf iWTY. T NL13 ANA
.JENER J WWPEN
07- 9- At 01:44 pm.
FNCR)OACHMNT 26.00
CONSENT TO ENCROACH SPPROVED AS 10 FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
4146 E. 96 St., LLC, 3950 S. Priority Way, Indianapolis, Marion County, Indiana, 46240 "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 Motorcycles of Indianapolis, 4146 East 96 Street, Indianapolis, IN 46240, which is
located within the corporate limits of the City of Carmel, Indiana Motorcycles of Indianapolis and
WHEREAS, the official deed for the Real Estate was recorded in the Office of the Hamilton
County Recorder on June 1, 2001 as Instrument Number 20010 00032215; and
WHEREAS, Owner has previously constructed portions of an asphalt parking lot (the "Parking
Lot concrete curbs (the "Curbs parking lot lights (the "Lights and an identification sign (the
"Sign 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 existing 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 dedicated public right of way (the "Right of Way identified as "New 75' Right of Way Dedication"
on the Sketch; 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 Site Improvements encroach (individually and
collectively, the "Encroachments upon the Right of Way, 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 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 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 Right of Way, or for any
other lawful purpose, and that, should the City take such action, the City shall incur no
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obligation 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 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 the Right of Way 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 Right of Way 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 Right of Way 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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1
"OWNER" "CITY"
4146 E. 96 ST. LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
/le ZL-A.----.
O
r y,,,,
11 11, P- nt/�G/ AL C-'I4 1a r s Brainard, Presiding Officer
SSN: J/3 .,3 37 v 8 Date: .7 e 0
Date: G a3
A/;.4 L dli
Mary Ann rke, Me ber
Date: 7 d
i
-A
:.r
Lori Watson, Mein:` F��
Date: �A v (,13
ATT. ST: J,� 11 ,i v�1aa 1 j
Y A•' moo a n: 1.''1, i
t\� t C i
4 iana Cordr Ok I We
D ate: �,P' 4•
RETURN TO:
Sandra M. Johnson
City of Carmel
1 Civic Square
Carmel Indiana 46032
[eh:msuord:z:\ shared, dhill forms \rtotorcyclesconsemidoc:6 /13/03] 5
STATE OF INDIANA
SS:
COUNTY OF
/1.4, /4 IJ
M 23 me, a Notary Public in and for said County and State, personally appeared REFFSELL
PRESIDENT of 4146 E. 96 ST. LLC, 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 A/'"day of Ji A p 200 3
1 n ry e. A a Y,
NOTAR PUBLIC
My Commission Expires: N� f414
r
KRISTIN BRAGG "P-)ceig 016.
/NOTARY PUBLIC STATE OF INDMMA s
MARION C'OTINTly Printed Name
MY COMMISSION EXP. JU iH, t{i S
My County of Residence: Mai-io t t
STATE OF INDIANA
SS:
COUNTY OF
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 an• b me wit
Members of the City of Carmel Board of Public Works and Safety, and .C� F'.DRAY,' Clerk-
T ry Rae
reasurer 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 4-- day of 203
LOAktle,
1
l
ARY PUBLIC I
gher �J
My Commission Expires:
%.:11 N
•1, !NOTARY PURLIG4S* @d Tame
t. August 3, 2007 Cr
U•E O;
P of to 5' C my of Residence:
0 02
This instrument was prepared by Douglas 0/ iamr�}� \\equire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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ueste d8 :heti200100032215`06N212003
0QQ10003221•
Flied for Record:In
CORPORATE WARRANTY nFIFD HAMILTON COUNTY ANA
MARY L CLRRK�•.!i'��'•
06-01- 2001.03: ps•:';'
\Q)'6 C CORP W DEED.' ':18
THIS INDENTURE WITNESSETH, That DELLEN OLDSMOBILE, INC., by
merger, now RUSS DELLEN, INC.,( "Grantor an Indiana corporation;,.;:
CONVEYS and WARRANTS to 4146 E. 96` St., L.L.C., an Indiana limited
liability company, for the sum of Ten Dollars ($10.00) and other
valuable consideration, the receipt of which is hereby,
acknowledged, the following described real estate in Hamilton
County, Indiana:
See Exhibit A attached hereto and made a part hereof,
Send tax statements to: 3950 Priority Way, Indianapolis,..IN
46240.
Grantor certifies under oath that no Indiana Gross Income
is due or payable at this time with respect to the transfer::ma_de.:by.
this deed.
Subject to current taxes not delinquent, and all easements,
agreements and restrictions of record.
The individuals executing this instrument on behalf of.;Grantor,•:..
represent and warrant their full corporate authority to
DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
day of Tune 20 0l
7k Plc4, Auditor c1 Hamllton County
Parcel /6. /V--o -00 --co- G2z. /13
EXHIBIT "A"
PAGE 1 OF 2
t(1�010003221$rO6U2120031 r.;..,.
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EXHII3lT lt�.>
it
Retained Parcel
PARCEL 11 "NEW DESCRIPTION"
A part of the South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East of the Second Principal
Meridian in Clay Township of Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of the Southwest Quarter of Section 8, Township 17 North, Range 4 East of the
Second Principal Meridian in Clay Township of Hamilton County, Indiana; thence North 90 degrees 00 minutes 00
seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a point being on the East line of Lakeshore
Drive East extended; thence North 00 degrees 00 minutes 00 seconds East along said extended right;of -way line 55.00 feet
to an iron pin on the North right -of -way line of East 96 Street; thence North 90 degrees 00 minutes 00 seconds East
parallel with the south line of said quarter section 596.15 feet to a PK Nail at the POINT OF BEGINNING of the
following described real estate;
thence North 00 degrees 10 minutes 50 seconds East 487.20 feet to a PK Nail; thence North 90 degrees 00 minutes 00
seconds East parallel with said south line 184.30 feet to an iron pin on the West right -of -way of Bauer Drive East as
recorded in Miscellaneous Record 159, pages 33 -35 in the Office of the Recorder of Hamilton County, Indiana; thence
South 00 degrees 10 minutes 48 seconds East along said right -of -way 487.20 feet to an iron pin on the North right -of -way
of said East 96 Srreer; thence South 90 degrees 00 minutes 00 seconds West along said right-of-way 187.36 feet to the
Point of Beginning.
Containing 2.08 Acres, more or less.
ti.
is
EXHIBIT "A
PAGE2OF2
t 55
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WEST PROPERTY LINE S- l
j
ENCROACHMENT ZONE EXISTING SIGN I GRASS q
a
1 3
1 I NEW 75' C
1 RIGHT -OF -WAY i �1
1 O I I I I 1 DEDICATION
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1 r. st, •.a1 .AA EXISTING 60' ROW L EXIST 9' SIDEWALK
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to t.
East 96th Street
SOUTH LINE SEC 8, T I7N, R4E SECTION LINE
RIGHT -OF -WAY ENCROACHMENT EXHIBIT 'B'
PARKING. LIGHTS SIGN ENCROACHMENT
I I
a re 5/ ova ru.
MIDIS 702050. ROW ENCROACHMENT PAN
Rx l 'x" An Addition and Remodiling For: I EX I3
's t Motorcycles of Indpls
F Ff or I
f 4146 East 96th Street
IIKI `h pJ Carmel, Indiana