1250 S. Range Line - Mike's Car Wash, Inc 200500014179
Filed for Record in
HAMILTON COUNTYP INDIANA
JENNIFER J HAYDEN
D'\1) 03 08 -2005 At 11:19 am.
ENCROACH,INT 26.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Mike's Car Wash, Inc., 10251 Hague Road, Indianapolis, Hamilton County, Indiana 46256 (individually
"Owner and the City of Carmel, Hamilton County, Indiana, by and through its Department of
Engineering "City
WITNESSETH:
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 this reference as "Mike's
Express Car Wash #29, 1250 South Rangeline Road, Caiinel, Indiana 46032 which real estate is located
within the corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official deed of the Real Estate was recorded in the Office of the Hamilton
County Recorder on October 15, 2004 as Parcel #16- 09- 36- 04 -02- 006.000 and as Instrument #8702632;
and
WHEREAS, Owner wishes to construct an irrigation system (the `System on the Real Estate;
and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the System on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit.B; and
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WHEREAS, the System will be constructed on a portion of the Lot designated as Public Right of Way
(the "Right of Way identified as South Rangeline Road and Carmel Drive 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 System will encroach (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, 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 installation of the System as proposed 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 Encroaclunents 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 the System and/or the Encroachments from what are depicted on Exhibit
B.
4. Owner agrees that City shall have the right to remove any portion of the System as City
deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines,
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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
System or to Owner
5. Owner agrees to indemnify and hold harmless City, its officers, officials, memhers,
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 act of the
Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or
related to the System 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 any or all of the Right of Way and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
System.
7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the System.
8. Owner agrees that its use of the System will not create standing water and/or other drainage
problems that affect the City or adjacent property owners and that, if such problems arise,
City, in its sole discretion, may itself remove or may notify Owner who shall then
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
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9. Owner agrees that the water flow from the System shall be directed away from all street
travel lanes and that water from the System shall not be permitted to spray onto, traverse or
otherwise come into contact with any travel lanes or paved areas of any street or street
intersection.
10. Owner agrees that the placement of the System in the Right of Way shall be at Owner's
cost, expense and risk and that, if City, in its sole discretion, performs any work in the
Right of Way, including, but not limited to, the maintenance of grassy areas /landscaping or
the snow plowing of streets or sidewalks, that causes damage to the System, 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 System.
11. Owner agrees that certified record drawings of the installed System shall be provided to the
City immediately upon completion of the construction of same, which drawings shall show
by dimensional location, among other things, the location of all sprinkler heads, piping,
controllers, valves, meter pits, and similar System instruments and /or equipment.
13. 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 cost and
expense.
14. The parties hereto agree that the terms of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
15. The persons executing this Agreement represent and warrant that they are authorized to
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enter into and execute this Agreement for and on behalf of the party which they represent.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
MIKE'S CAR WASH, INC. CITY OF CARMEL, INDIANA
BY AND THROUGH ITS DEPARTMENT
OF ENGINEERING
William J. Da President and C.E.O. Michael T. McBride P.E., City Engineer
SSN: 35- 457 Date: F =S. 2� 2005
Date: a- /'O
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STATE OF INDIANA
SS:
COUNTY OF 1'6Vni I*iy
Before me, a Notary Public in and for said County and State, personally appeared WILLIAM J.
DAHM, President and C.E.O. of MIKE'S CAR WASH, INC., 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 day of F bTM.L j 2067
IVIFILAito,—
PUBLI
My_ 03r Expires: ;rt ake-YLAL 7- 4
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My County of Residence: r lar t i;� I�✓ 'rt;ttt'
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STATE OF INDIANA ii iii ,4; t 1l,
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COUNTY OF HAMILTON 7+.
Before me, a N Public in and for said County and State,. personally appea MC F L T1: N it
MCBRI by me known, and by me known to be the City Engineer of THE CITY OF;COEL,.who,: d;
acknowledged the execution of the for "Consent To Encroach” on behalf of the' City:C "1«
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Indiana. e
Witness my hand and Notarial Seal this day of 20 05
NO ✓'ARY r'' UBLIC
My Commission Expires:
.%a L. J v /e
c G �..0 Printed Name
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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ncenttoencroach \ukescarwashconsent doc:2 /22/05] 6
LEGAL DESCRIPTION.
THE FOLLOWING LEGAL DESCRIPTION IS AS REPRESENTED ON THE PLAT OF SURVEY BY WEIGHE
ENGINEERS, INC. DATED APRIL 4, 1989 CERTIFIED BY ALLAN H. WEIHE, RLS #10398.
PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST IN
HAMILTON COUNTY, INDIANA DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP
18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS WEST (ASSUMMED BEARING) ON THE EAST LINE OF SAID SOUTHEAST QUARTER
938.15 FEET TO THE SOUTH RIGHT -OF -WAY OF CARMEL DRIVE; THENCE SOUTH 90 DEGREES 00
MINUTES 00 SECONDS WEST ON SAID SOUTH RIGHT -OF -WAY LINE 235.00 FEET TO THE NORTHEAST
CORNER OF THE REAL ESTATE DESCRIBED AS PARCEL II IN DEED BOOK 248, PAGE 87 RECORDED IN
THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, SAID POINT ALSO BEING THE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING SOUTH 90 DEGREES 00
MINUTES 00 SECONDS WEST ON THE NORTH LINE OF SAID REAL ESTATE 165.05 FEET TO THE
CENTERLINE OF THE OLD TRACTION COMPANY RIGHT -OF -WAY; THENCE SOUTH 00 DEGREES 45
MINUTES 10_ SECONDS WEST ON .SAID CENTERLINE 366.30 FEET TO. THE NORTHWEST CORNER OF
THE REAL ESTATE DESCRIBED IN INSTRUMENT #8702632 RECORDED IN SAID OFFICE; THENCE SOUTH
89 DEGREES 41 MINUTES 58 SECONDS EAST (THIS AND THE FOLLOWING 2 COURSES ARE ON THE
NORTH LINE OF SAID REAL ESTATE) 184.86 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST 36.10 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 58 SECONDS EAST 220.00
FEET TO THE NORTHEAST CORNER OF SAID REAL EASTATE, SAID POINT BEING ON THE EAST LINE OF
SAID SOUTHEAST QUARTER SECTION; .THENCE NORTH 00 DEGREES 00, MINUTES 00 SECONDS EAST ON
SAID EAST LINE 132.30 FEET TO THE NORTHEAST CORNER OF THE REAL ESTATE DESCRIBED AS
PARCEL I IN SAID DEED BOOK 248, PAGE 87; THENCE SOUTH 90 DEGREES 00 MINUTES 00
SECONDS WEST ON THE NORTH LINE OF SAID REAL ESTATE 235.00 FEET TO THE SOUTHEAST
CORNER OF THE REAL ESTATE DESCRIBED AS PARCEL 1 IN SAID DEED BOOK 248, PAGE 87; THENCE
NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ON THE EAST LINE OF SAID REAL ESTATE
200.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.13 ACRES, MORE OR LESS,
SUBJECT TO THE RIGHT -OF -WAY FOR CARMEL DRIVE.
SUBJECT TO THE RIGHT -OF -WAY FOR RANGE -LINE ROAD.
SUBJECT TO A 40 FOOT EASEMENT ALONG THE ENTIRE WEST SIDE THEREOF, FORMERLY THE
TRACTION COMPANY RIGHT OF WAY AND PRESENTLY USED AS AN UTILITY EASEMENT PER DEED BOOK
127, PAGE 382.
SUBJECT TO ANY AND ALL OTHER LEGAL EASEMENTS AND RIGHTS OF WAY.
EXHIBIT "A"
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MIKE'S EXPRESS CAR WASH #29 N I�- v
1250 SOUTH RANGELINE ROAD I y
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121.14' 4
O R50'
16.52' 0 O 49.85' TY, 1
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1(I P/ i x 6 4 12.5' 125' h
4 I'S'8 ,C1 1 1 I
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j
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i� J' �l1`o�. 1�alaril ihi 111 x`17, ".r,.. k
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1
Js
R GLINT. ROAD
/•Pt.ALT PAVEMENT
EXHIBIT "B,'
%U RIGHT OF WAY ENCROACHMENT
j
I
CAR 1I FL DRIVE
ASPHALT FA•;EY
45'
LANDSCAPE BLOCK WALL NeagNa _x::.,: T� r .a �i ;Y;;t f I /_T /2/ A.\ Vi y ti-: k 5:;
I •mo
I II I 42.5 12.5'
117' 1 IP e
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ASPHALT i
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3.42' O
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1 I 20.4b' i 1 -1--,
O 39.55'_
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1 f 1 I5°' I 819.5
I N MIKE'S EXPRESS CAR WASH #29
ci J 1250 SOUTH RANGELINE ROAD
0 GATE g 10.5' 10' 10.5 1 10' w
N I�
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A. u
R I Ar1111111111k
59.6 I j
1 v.
1 T
r SE PVE CARWAS
H F I TY
16.17' FFE= 843.50
EXHIBIT "B2
WM RIGHT OF WAY ENCROACHMENT