1045 146th - Our Lady of Mt. Carmel - Roman Catholic Diocese 200300091495
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
09 -08 -2003 At 01:43 pm.
ENCROACHMNT 22.00
P
CONSENT TO ENCROACH APPROVED AS TO FORM SY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
the Roman Catholic Diocese of Lafayette -In- Indiana, 610 Lingle Avenue, Lafayette, Tippecanoe County,
Indiana 47901 "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 Exhibit A attached hereto and incorporated herein by reference "Real Estate
commonly known as Our Lady of Mt. Carmel Catholic Church, 1045 West 146 Street, Carmel, Indiana
46032, which is located within the corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official deed for the Real Estate was recorded in the Office of the Hamilton
County Recorder on January 20, 1960 as Instrument Number 5331, Book 167, Page 596; and
WHEREAS, Owner wishes to construct a gate (the "Gate on the Real Estate; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Gate on the Real Estate, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Gate will be constructed on a portion of the Real Estate designated as Public
Right of Way (the Right of Way), identified as Oak Ridge Road on Exhibit B, and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Gate will encroach (the "Encroachment upon the
Right of Way, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the installation of the Gate 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 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 the Gate and /or the Encroachment from what is depicted on Exhibit B.
4. Owner agrees that City shall have the right to remove any portion of the Gate 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
Gate or to Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
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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 Gate 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 any or all of the Right of Way and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
Gate.
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 Gate.
8. Owner agrees that its use of the Gate 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 Gate as is necessary to correct such
problems, at Owner's sole cost and expense.
9. Owner agrees that the placement of the Gate 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 Gate, or any part thereof,
any and all repairs to same shall be the sole responsibility of the Owner and that, under no
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circumstances shall the City be responsible for any costs of relocation and/or repair of the
Gate.
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 cost and
expense.
11. 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.
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.
"OWNER" "CITY"
ROMAN CATHOLIC DIOCESE OF CITY OF CARMEL, INDIANA
LAFAYETTE -IN- INDIANA BY AND THROUGH ITS BOARD OF
PUB IC WORKS AND SAFETY
f‘ke(-\
Glen Ritchey, Controll J ames Brainard, Presiding Officer
Our Lady of Mt. Carmel Catholic Church Date: 6
SSN:
Date: 1(24CO5 4 774,t\ek
Mary Ann,i8 ke, Member
Date: �Q
RETURN ORIGINAL TO:
SANDRA JOHNSON Lori Watson, ebei�r
CITY OF CARMEL Date: e N. ep 0.3
ONE CIVIC SQUARE f
CARMEL IN 46032 ATT ST: Awe, lyg,Jo6naoan,
pe Clerk for
Diana Cordray, IAl�rs�iei`,�Treasurer,$..', Date: a e4
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STATE OF INDIANA
SS:
COUNTY OF /4
Before me, a Notary Public in and for said County and State, personally appeared GLEN RICHEY,
the Controller of OUR LADY OF MOUNT CARMEL CATHOLIC CHURCH, by me known, and who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her voluntary act and
deed.
Witness my hand and Notarial Seal this d ay of 20 0 3
NQ9A613LIC
My Commission Expires:
v c( ,L <Y-7 Li /e.
�l. 02- 4 .2_0 Printed NanSe
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
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, and by me known to be the
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. j r
hand and Notarial Seal this day
Witness my
y da of 20
C ..41,11t) 1 1 1.
NOTARY PUBLIC r s
My Commission Expires:
C 4NA) 041//:5''..b
f ti
9 Printed Name
My County of Residence: Wezm6-7u
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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5331 i ��,x x96
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1 ?feet Rerarend John J. Carberry, Bishop of the Hoorn Catholic 0
Diooes• of Lafa�- otter -in- Indiana
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f c Tippecanoe LL GILL/ Indiana ;S
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4 CD�f The Ronan Catholic Dioceee of Lafayette -in- Indiana, Inc.
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4 A pert of the lrtheast ,.ivart r of section 23, I otalship
vi th Rang 3 East, located in Hassi l to n ;aunty, MA i ans., and an rs.
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cularly doscribed as follows L
w'3• .-+,4 r Beginning at the northeast corner o Section 23, Township 18'
Y
Hiner• 3 Ea which is. the lnteraection of the canter linea•of
go Artaue a nd Gray Road; thence wet along the center line of. n:•
Road, which is the north line of said Section 23, a distance of'' z
t• ‘feeti thence :south para11•1 to the east line of said Section 23,
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a di) tanc• of 600 feat; thence east, parallel to• the north- line of. f
mild'bection 23, a distance of 972 feet to the giant line of said i
Sect-ion C th nor
II
th on 23, which is the center lino of Arenu.; ence nr fj
along acid s.oLion lin• to the plat. of beginning containing 11.82
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a c store or leas. f
res
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Said transfer also includes easements or.r a strip of ri{,
V. land along Gray Road, 86 feet in width, measured south f roar the r
north line of said Section 23, and running 972 feet west of the northeast •4•,
`i5 on corner of said Section 23, and orer a strip of ground 50 feet in width, Es
i aeaa urad we* t from the east Dine of said Section 23, and running 600 J;
feet. south from the northeast 'corner of said Section 23, which wements st
4 are specifically reserred for future dedication for str eet right -of -way.
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EXHIBIT "A" Te
RELOCATED WEST 146TH STREET
WEST146T" PREVIOUS CENTERLINE
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/I //A ENCROACHMENT I