14346 Hazel Dell - Woodland Springs Christian Church '02/23/00 WED 13:49 FAX 3178438097 Campbell Kyle Proffitt Q002
Instrument
200000022212
Approved As
Yl O new To Form By.
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and
between Woodland Springs Christian Church a/k/a Hazel Dell Christian Church, 14346 Hazel Dell
Parkway, Carmel, Indiana 4603 "Owner and the City of Cannel, Hamilton County, Indiana, by
200000022212
and through its Board of Public Works and Safety "City Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05 -08 -2000 At 02934 pm.
ENCROACHMNT 21.00
WITNESSETR;
WHEREAS, Owner owns in fee simple certain real estate "Real Estate at 14344 Hazel
Dell Parkway, which is located within the corporate limits of the City of Cafe1, Indiana; and
WHEREAS, Owner wishes to construct a sign on the Real Estate; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location
of the Sign on the Real Estate, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit A; and
WHEREAS, the Sign will be constructed on a portion of the Real Estate designated as
Drainage, Utility Sewer Easement, Landscape Maintenance Access Easement and Non- Access
Easement "Easement identified as "D.U. &S.E., L.M.A.E. N.A.E" on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Sign will encroach (the "Encroachment upon
the Easement, which Easement is Gx9sshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the installation of the Sign as proposed by the Owner on Exhibit A should not
materially interfere with the City's use of the Easement.
M2/23/00 WED 13:49 FAX 3178438097 Campbell Kyle Proffitt Q003
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 hereofas 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 Sign from what is depicted on Exhibit A.
4. Owner agrees that city shall have the right to remove any portion of the sign as City
deems necessary, in City's sole discretion, to install, protect and/or repair any utility
li 13.es, sewer lines or drainage ditches located in the Easement, 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 Sign.
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 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,
2
02/23/00 WED 13:50 FAX 3178438097 Campbell Kyle Proffitt 12 004
licensees and agents 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 impx located
therein caused by the installation, constructions, maintenance or operation of the
Sign
7. Owner agrees to record this Agreement in the Office of the Hamilton County
Recorder and to provide to City a recorded copy of same within ten (10) business
days of 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 parties 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 it is last executed by a
party hereto.
3
,02/23/00 WED 13:50 FAX 3178438097 Campbell Kyle Proffitt 005
"OWNER" "CITY"
WOODLAND SPRINGS CHRISTIAN CITY OF CARMEL, INDIANA
CI-IURCH alk/a HAZEL DELL CHRISTIAN BY AND TI-IROUOH ITS BOARD
CHU CH OF PUBLIC WORKS AND SAFETY
Arr OP: f
1‘...
o nes Brainard Presiding Officer
Date: 4/0 C) Date: y-t
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Mary 1 u4ce, Member
Date: Date: I-- S— 0 0:
CY
iv:A:::
'...0.gVi'
in gl igV
Billy I alker, Memb n
Date: 00 —VI"
Vs,. 3 ATT T:
\.c..x-i-N o--- 3 C, )0 0
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bs.-cttl- Yv a ii
3 I 1 00
Diana Cordrayl 1 ';fe r
■Aii;/, c=,...
TODD L RUT
Date: l'1, '9 y ell 4, t i
ix Z
lt COMMISSION WIRES: 0447/2000
NT COUNTY OF RESIDENCE: llminvra
4
,02/23/00 WED 13:50 FAX 3178438097 Campbell Kyle Proffitt 006
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
of Woodland Springs Christian Church a/k/a
Hazel Dell Christian 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 day of 2000.
Notary Public
Printed Name
My Commission Expires: 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 BURICE and BILLY WALKER, by me known to be Members of the
City of Carmel Board of Public Works and Safety, and DANA L. CORDRAY, Clerk- Treasurer of
the 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 Le day of 4,, 2000..
V�itx► y
Public <r
Notary p9
Printed Name ti
My Commission Expires_ My County of Residence: '1- R'
5
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic
Square, Carmel, Indiana 46032.
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Date.. Fobma/g 24 2000
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Scale, 3/1' l'-0'
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Hazel IDs. Christian Church (Woodland Springs Christian Church)
F.,ate: February 24, 2000
A5S(' ATES
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