96th - Wood Auto Park LLC (2) 20051000003286
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
01- 18- -2005 At 08:53 am.
>CP ENC :ROAC:HMNT 23.00
g 6
CONSENT TO ENCROACH APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Wood Auto Park, LLC, 3003 East 98 Street, Suite 201, Indianapolis, Marion County, Indiana 46280
"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 this reference "Real
Estate commonly known as The East 96 Street Auto Park Commercial Subdivision, which real estate
is located within the corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official plat of the Subdivision was recorded as Instrument #200100000285, Plat
Cabinet 2, Slide No. 538 in the Office of the Hamilton County Recorder on January 2, 2001, as the 96
Street Auto Park Subdivision; and
WHEREAS, Owner wishes to construct a Curbed Parking Lot (the "Parking Lot on the Real
Estate; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Parking Lot on the Real Estate, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit "B and
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WHEREAS, the Parking Lot will be constructed on a portion of the Real Estate designated as a
Utility Easement (the "Easement identified, as "15' U.E." on Exhibit `B and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Curbing of the Parking Lot encroaches (the
"Encroachment upon the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the installation of the Parking Lot as indicated by the Owner on Exhibit `B" 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 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 Encroachments and/or the Parking Lot from what is
depicted on Exhibit `B
4. Owner agrees that City shall have the right to remove any portion of the Parking Lot 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
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to repair, replace or reimburse Owner for the cost of any damages thereby caused to the
Parking Lot
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 Parking Lot and/or the Encroachments in the Easements.
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 Easements and/or any improvements
located therein caused by the installation, construction, maintenance and/or operation of the
Parking Lot or due to Owner's other obligations, responsibilities, actions or inactions as set
forth herein.
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 Parking Lot.
8. Owner agrees that the placement of the Parking Lot in the Easement shall be at Owner's
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 Parking Lot, 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 Parking Lot.
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9. 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.
10. 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.
11. 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.
12. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
WOOD AUTO PARK, LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAF> TY
't.=
Larry Heid, 1 anager James Brainard, Presiding Officer
SSN: 30Y -54 -5 9?) D. te: i 2 O L
Date: /i19`o 1i/
Mary A Burk 1 Sniper
Date: 8—
Lori Watson, 4 emit d !ir y
Date: %�F 1
1.
ATTE :::3 v w: ti
P ana Cordray' IA 1 k7TreAuier
11 ate: /_i�-' i'' ;1 :1 'x.>
hey 7747 rr•`
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STATE OF INDIANA
.JI /7 SS:
COUNTY OFi.Liay, -Y
Before me, a Notary Public in and for said County and State, personally appeared LARRY HEID,
Manager for Wood Auto Park, LLC, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his /her voluntary act and deed.
f/
Witness my hand and Notarial Seal this/ day of �d1/�Q�7j
6 6-
NOTARY UBLIC Q- t�
My Commission Expires: v i„
p Printed Nam
My County of Residence: 4
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 know a nM b me n to be the
-gy o
Members of the City of Carmel Board of Public Works and Safety, and )IANA;.L. C rt 'ID Clerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foreggiiag. L 4nsent To
Encroach” on behalf of the City of Carmel, Indiana. Y.
Witness my hand and Notarial Seal this 1 day of 1 E) 4,
NOTARY PUBLIC
My Commission Expires:
111 o-
4 i /or Printed Name
T
My County of Residence: mil' 1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LEGAL DESCRIPTION
Part of the South Half of the Southeast Quarter of Section 8,
Township 17 North, Range 4 East, in Clay Township,
Hamilton County, Indiana, more particularly described as
follows:
Lot #3 of the East 96 Street Auto Park Subdivision.
Recorded in the Office of the Hamilton County Recorder on
January 2, 2001 in Plat Cabinet 2, Slide 538 as Instrument
#200100000285.
EXHIBIT "A"
111111 1111111111111111111 111111:V111 111111111111111
1 1 1 1 1 1 1 1 1 1 1 1 I 1111 11
I I 1 1— II11 I III 111 I I
II 1111111 it 111111111V
TOM WOOD Iyi111111I ll 1 111111111111
JAGUAR
o. LAND ROVER V I I I 11111 I I I I i l l l 1 1
VOLVO 1 I I I lit I H i l l 1
Ililil111111 (IIIIIIIIIII
II II a' i
i' PROJECT SITE
1111111 II 11I1111I nIJIIIIIILI 1 LOT #3
V I I I 11 I I I TOM WOOD JAGUAR
I 'U LM I I I I PARKING mi, I II 1111 111 i i
1 ��iii��l�il�ii�i�i� -0
n11111111_1_111
I
ti 1111111
1
TOM WOOD .r TOM O'BRIEN
VOLKSWAGEN CHRYSLER JEEP
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.1111111111W
4V-, 4re PPIIW,V
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5. 4 1 Frg
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EXHIBIT "B"
SHEET 1 OF 2
BOUNDARY OF
PROPOSED
PARKING LOT
1 NEW CAR INV NT'ORY 1'0 NEV' CiAR INVENTORY 6 i
1
0 0 0 0 8 -8
NEW CAR INV NTORY NEW CAR INI NTCRY I
�{7396ei I
740.30
30 B.S.L. n 0
mo 739.9 7 1 E r +rbalir
A 1 77 4°0 9437 VEW CAR INVEV'ORY I
in pia .E. E X 491 Of 8 PVC 0 0.4bS Ex. 15 U.E f 'I
7
0 2. S 8 E: x 5 I .E. 308.04
FZQ M.E.
EX. TOM O Ex. TC'•741.89
1 'PARKING LOT' E: 8' INV. IN- 733.12 ,I
1
1 Ex. Tt 74O.88 W. 8' INV. OUT 733.08
E. 8' INV. IN-731.74 i
GRAPHIC SCALE
50 0 25 50 100 200
IIII 'lllt`: M C.1 ..i. F
t ..1:. mu ...1, 4- :4%
IN FEET
1 inch 50 ft.
EXHIBIT "B"
SHEET 2 OF 2 I SKO C6"
EASEMENT ENCROACHMENT c y1s TCRE D
No,
880573
-0 STATE OF I
SS /ON Al. i-I:
'`''►I1 ►1111`'' 10/08/04
ii C
Date
10/8/04
CONctaa2; CURB ENCROACHMENT
JAGUAR PARKING Job No
159.0
TOM WOOD A
Scale ENGINEERING, INC.
CITY OF CARMEL, CLAY TOWNSHIP, HAMILTON COUNTY, Indiana 1` =50'
Design By Drawn By Checked By Approved By 13110 Promise Road, Noblesville, IN 46060
MFH MFI-i AES AES Sheet No. 1
Phone: (317) 841 -3141 Fax: (317) 841 -9951