1120 AAA Way - Tipton Road LLC 0 0
04
APPROVED, AS TO
1 �Y:
CONSENT TO ENCROACH FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Tipton Road, LLC, 1120 AAA Way, Carmel, Hamilton County, Indiana "Owner and the City of
Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City
200200078625
Filed for Record in
HAMILTON COUNTY, INDIANA
WITNESSETH: MARY L CLARK.
10 -21 -2002 02:04 pm.
ENCROACHMNT 32.00
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 Tipton Road, LLC Office Complex, 1120 AAA Way, Carmel, Indiana, which is
located within the corporate limits of the City of Carmel, Indiana "Tipton Road and
WHEREAS, the official deed of the Real Estate was recorded in the Office of the Hamilton County
Recorder on February 7, 2002 as Instrument 200200011074; and
WHEREAS, Owner wishes to construct a fence (the "Fence and three ground mounted signs (the
"Signs on the Real Estate; and
WHEREAS, Owner has given the City sketches (the "Sketches depicting the proposed location
of the Fence and the Signs on the Real Estate, copies of which are attached hereto and incorporated herein
by this reference as Exhibit `B Exhibit "C" and Exhibit "D and
WHEREAS, the Fence and the Signs will be constructed on a portion of the Real Estate designated
as a dedicated easement (the "Easement identified as a "25' Utility Easement" on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Fence and the Signs will encroach (the
"Encroachments upon the Easement, which Encroachments are identified on the Sketches; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
[eb:rnswordzkshared dhill fomreViptomoadconsatdoc: IO /7/02) 1
WHEREAS, the location of the Fence and the Signs as indicated by the Owner on the Sketches,
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, the Fence and /or the Signs from what is
depicted on the Sketch.
4. Owner agrees that City shall have the right to remove any portion of the Fence and /or the
Signs 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 Easements 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 Fence and /or the Signs.
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
[eb:msword:zWiared iIIV'ormsuiplonroadconsrnl.doc: 10 /7/02] 2
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 Fence, the Signs and /or the Encroachments in the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Fence and /or
the Signs, 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.
[eb:msword:z\shared ilhfoms\tiptotcoadcomaa.doc: I 0/7/02] 3
"OWNER" "CITY"
TIPTON ROAD, LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Daniel J. Stout, Pre ident J es Brainard, Presiding Officer
President ate: /0
SSN: 306 g
Date: (10 4
Mary Ann Burke, Member
Date:
Lori W 1,
Date: 0 /t
A TEST: 'eSandra M. Johnson
Clerk for
Diana CordraY,_ Cletic-Tre4a.irer
Date: 710//AViittj
v
9"
1713 :msword shared dhill forms tiptonroadconsent.doc 1 0/7/02] 4
STATE OF INDIANA
SS:
COUNTY OF HA- M UMW
Before me, a Notary Public in and for said County and State, personally appeared DANIEL J.
STOUT, PRESIDENT OF TIPTON ROAD, 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 I O day of t Noe-
j, 1 144 -e
NOTARY PUBLIC
My Commission Expires:
Vvi �tztL `f, M,-rrkl
1(1 ftAi l n 10( Printed Name
My County of Residence: tt'l
7,
STATE OF INDIANA r
�q C�
)SS I.
COUNTY OF HAMILTON O •••a
Y�.Me• eea t
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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 b rY,�me own t be tl�e j
Members of the City of Carmel Board of Public Works and Safety, and DI"I;." 'C>Rerk-
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 Iv day of 20_;
e
NOTARY PUBLIC y
My Commission Expires:
4 y Printed Name
My County of Residence: /94/, Ta4)
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
rtaward: zVlwiIVomnuip [acaedconsrnLdoc:, 7 U2, 5
OCT. 4.2002 1 :45AM WALLACK SOMERS HAAS N0.920 P.6/9
2°0'2.1;170f 01+
LIMITED WARRANTY DEED F-Jr"-ez1fi Ai&- baYr r cl) 2421
THIS INDENTURE WITNESSETH, that HSW Partners, LLC, an Indiana limited liability
company "Grantor BARGAINS, SELLS and CONVEYS to Tipton Road, LLC, an Indiana limited
liability company "Grantee for the sum of Ten Dollars ($10.00) and other valuable corisideration,
the receipt of which is hereby acknowledged, the following described real estate and all
improvements thereon and appurtenances thereto located in Hamilton County, in the State of
Indiana (hereinafter called the "Real Estate
The real property described on Exhibit A attached hereto
Subject to those exceptions set forth on Exhibit B attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD said Real Estate to the said Grantee and Grantee's successors
and assigns forever. Grantor covenants and warrants that said Real Estate is free of any
encumbrance made or suffered by said Grantor except those set forth above, and that Grantor and
its successors shall warrant and defend the same to said Grantee and said Grantee's successors
and assigns forever, against the lawful claims and demands of all persons claiming by, through,
or under the said Grantor, but against none other. It is the purpose of this deed to transfer fee
simple title to the said Real Estate to Grantee.
Grantor is a limited liability company duly organized and validly existing under the laws of
Indiana, and the person executing this deed on behalf of Grantor is fully empowered to execute and
deliver this deed, Grantor has full capacity to convey the Real Estate and all necessary action for
the making of such conveyance has been taken and done. There is no Indiana gross income tax
due on the transfer made by this conveyance,
IN WITNESS WHEREOF, Grantor has executed this Limited Warranty Deed this 31'
day of January, 2002.
HSW Pert .,rs, LLC
Ge rge omers, a member
EX 9I;1T
OCT. 4.2002 1 :45AM WALLACK SOMERS HAAS NO.920 P.7 /9
v
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared George
W, Somers, a member of HSW Partners, LLC, who acknowledged the execution of the foregoing
Limited Warranty Deed on behalf of said company.
Witness my hand and Notarial Seal this 5 4/ day of January, 2002.
(signature)
"rem L— 4, 4), 1k t r
(printed name) Notary Public
My Commission Expires: County of Residence:
\L1Ll „II /l)III.V
/_a .20 O 7 k oh vi.s- 0 n „0. F
o SEND TAX STATEMENTS TO AND 600 East 96th Street 4� ff i 317
GRANTEE'S MAILING ADDRESS IS: Suite 600
Indianapolis, IN 46240 41/0I,�t�1� 0 44'
This instrument was prepared by Jodie L. Edminster, Wallack Somers Haas, P.C., One Indiana
Square, Suite 1500, Indianapolis, Indiana 46204; Telephone: 317- 231 -9000.
EXHIBIT A
Part of the South Half of Section 31, Township 18 North, Range 4 East, in Clay Township, Hamilton County,
Indiana, described as follows;
Commencing at the Southwest corner of the Southwest Quarter of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes I5 seconds East (assumed bearing) on the South line of said
Southwest Quarter 2313,00 feet; thence North 00 degrees 09 minutes 45 seconds West 866.00 feet; thence
North 89 degrees 50 minutes 15 seconds East parallel with said South line 258,43 feet; thence North 00 degrees
09 minutes 45 seconds West 299.72 feet; thence South 39 degrees 50 minutes 15 seconds West 135.07 feet;
thence North 00 degrees 09 minutes 45 seconds West 75.00 feet to the place of beginning of the real estate
herein described; thence North 00 degrees 09 minutes 45 seconds West 428.29 feet to a point 300,00 feet South
00 degrees 09 minutes 45 seconds East of the centerline of Carmel Drive; thence South 89 de 55 minutes
00 seconds West parallel with the centerline of said Carmel Drive 200,00 feet; thence South 00 degrees 09
minutes 45 seconds East 428,57 feet to a point on a lint which bears South 89 degrees 50 minutes 15 seconds
Wes; from the place of beginning; thence North 89 degrees 50 minutes 15 secjidi East on said line 200.00 feet
to the place of beginning, containing 1,967 acres, more or less,
Except the following real estate:
Part of the South Half of Section 31, Township 18 North, Range 41 East in Clay Township, Hamilton County,
Indiana, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of Section 31, Township 18 North, Range 4
East, thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South lino of said
Southwest Quarter 2313,00 feet, thence North 00 degrees 09 minutes 45 seconds West 866.00 feet, thence
North 89 degrees 50 minutes 15 seconds East parallel with said South line 258.43 feet, thence North 00 degrees
09 minutes 45 seconds West 299.72 feet, thence South 89 degrees 50 minutes 15 seconds Wost 135.07 feet,
thence North 00 degrees 09 minutes 45 seconds West 75,00 feet to the Southeast comet' of real estate conveyed
to the Hoosier Motor Club, per a Warranty Deed recorded on page 519 of Dead Record 329 in the Office of the
k.coeder of 'riamliton county, i di being f t
�ifi, S3iu corner ��ciii� the p13C8 of i3c�iuiiuil�'vt the �+'7u�71n deSiPiveu o real
estate, thence continuing North 00 degrees 09 minutes 45 seconds West on the East line of said real estate
428.29 feet to the Northeasterly corner of said real estate at a point that is 300,00 feet South 00 degrees 09
minutes 45 seconds East of the centerline of Carmel Drive, thence South 89 degrees 55 minutes 00 seconds
West on the North line of said real estate, measured parallel with the centerline of Carmel Drive 15.00 feet.
thence South 00 degrees 09 minutes 45 seconds East parallel with the Easterly line of said real estate 428.31
feet to the South line of said real estate, thence North 89 degrees 50 minutes 15 seconds East on the South line
of said real estate 15.00 feet to the place of beginning, containing 0.148 acres, more or less.
EXHIBIT B
1. Taxes for 2001, payable in 2002, not yet due and payable.
2. Possible future municipal assessments, sewer use charges and /or impact fees levied by
the City of Carmel.
3. Possible future assessments for repair and maintenance of the Moffitt Williamson legal
drain.
4. Easement as reserved in Warranty Deed to Hoosier Motor Club, recorded February 5,
1982, in Deed Record 329, Page 519,
5. Easement recorded January 12, 1984, in Easement Record 1, Page 653,
6. Covenants, conditions and restrictions contained in Agreement for Rescission and
Cancellation and Restatement, dated October 28, 1975, and recorded November 17, 1975,
in Miscellaneous Record 147, Page 560.
7. Lease dated August 1, 1993 to Daniel J. Stout, M.D.
8. Lease dated January 2002 to Hoosier Motor Club.
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EXHIBIT "C"
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OEST1VE FEALTH CENTER
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1121 AAA WAY
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Sign Number 1
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1 HOMER MOTOR CLUB
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Front Side Back
Sign Number 2
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Front Side Back
Sign Number 3
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