Newark Village - White, Stephen/Sharon 1
20000d063348
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 12 -22 -2000 At 11:02 am.
ENCROACHMNT 23.00
1
0
/D m CONSENT TO ENCROACH APPROVED AS TO
FO Y:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by an between
Stephen L. White and Sharon L. White, Co- Trustees of the Sharon L. White Revocable Trust, (individually
and collectively, "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
in the Newark and Newark Village Subdivisions, which are located within the corporate limits of the City
of Carmel, Indiana "Subdivisions and
WHEREAS, the official plats of the Subdivisions were recorded in the office of the Office of the
Hamilton County Recorder as Newark, as per plat thereof recorded in Deed Record 1 19, Page 7, and as
Newark Village, as per plat recorded as Instrument #8804926; and
WHEREAS, Owner wishes to construct a parking lot (the "Parking Lot a seating area (the
"Seating Area and landscaping (the "Landscaping on the Real Estate; and
WHEREAS, Owner has given the City sketches "Sketches depicting the proposed location of
the Parking Lot, the Seating Area and the Landscaping on the Real Estate, copies of which are attached
hereto and incorporated herein by this reference as Exhibit "B and
WHEREAS, the Parking Lot, the Seating Area and the Landscaping will be constructed on a
portion of the Real Estate designated as a Drainage Utility (the "Easement identified as "10' D.
U.E." on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketches, the Parking Lot, the Seating Area and the Landscaping
encroach (individually and collectively, the "Encroachments upon the Easement, which Encroachments
are crosshatched on the Sketches; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Parking Lot, the Seating Area and the Landscaping 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:
I 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 and /or the Parking Lot, the Seating Area
and /or the Landscaping from what is depicted on Exhibit B.
4. Owner agrees that City shall have the right to remove any portion of the Parking Lot, the
Seating Area and /or the Landscaping 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
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of any damages thereby caused to the Parking Lot, the Seating Area and /or the
Landscaping.
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, the Seating Area, the Landscaping 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 Parking Lot,
the Seating Area and /or the Landscaping, 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
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J
STATE OF INDIANA
SS:
COUNTY OF k>►L7►
Before me, a Notary Public in and for said County and State, personally appeared STEPHEN L.
WHITE and SHARON L. WHITE as Co- Trustees of the SHARON L. WHITE REVOCABLE TRUST,
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as
his or her voluntary act and deed.
IR
Witness my hand and Notarial Seal this 12 day of 1 710-644wwg. 20 OP
NOTARY PUBLIC
My Commission Expires:
N. 114 /q e(c 'r frterw rz
t114'1 1 0 Zoc Printed Name AC,t
My County of Residence: M/4 D t
ST ATE OF INDIANA ''rt,(,;
SS: 0 r
C OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA I_... 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.
Witness my hand and Notarial Seal th l ay of i(1�f" t'✓ 20a. y
NOTARY PUBLIC G
My Commission Ex _es:
CA�2/e 1-2 20C� 14
z at e 7 Panted Name
My County of Residence: C
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
EXHIBIT "A"
Description of Real Estate
Lots numbered 2 and 3 in Newark Village replat of Lots 61-63, an addition in Hamilton County,
Indiana, as per plat thereof recorded in Plat Book 15, Page 65 -66 in the office of the Recorder of
Hamilton County, Indiana.
Also, Lots 5,6, and 7 and part of lot 4 in Newark, an addition in Hamilton County, Indiana, as per
plat thereof recorded Deed Record 119, page 7 in the office of the Recorder of Hamilton County,
Indiana.
6
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.
"OWNER" "CITY"
STEPHEN L. WHITE AND SHARON L. WHITE, CITY OF CARMEL, INDIANA
CO- TRUSTEES OF THE SHARON L. WHITE BY AND THROUGH ITS BOARD OF
REVOCABLE TRUST PUBLIC WORKS AND SAFETY
Stephen V. White Jam Brainard, Presid'ng Officer
SSN: 3oty 5 t Date: i6 a o 00
Date: tZ -cZ -o o
Mary An Burke, Member
Date: 1 d--U0
Yak
S Caron L. White Billy 'talker, Nlember
SSN:AWSR 23 Date: 11 `ri
Date: J1-G,)
A
Diana Cor dra A MC Clerk- "l�re'*irrer
Date:� G9r/aCl
hXHIHIT H
LEGEND
B.L BUILDING LINE
N 11'12'28" W 0. U.E. DRAINAGE Sr. UTILITY EASEMENT
52.00' 13.36' S 8972'08" E 243 00'
10' D uE a o IRON PIN SEr
55 00'
16 I N 8 e' ENCROACHMENTS ui
W I LANDSCAPING 6 N S 89'33'08 E 220.95'
0 i Q
14 52 00' I L ANDSCAPING I
I� a
2S 00- w
m lw i o
wI 4N
QI LOT 5a
2.40 ACRES Q.
y LANDSCAPING
m I o 4,.. SEATING AREA
g LANDSCAPING
PARKING LOT
52.00 z I ENTRANCE
40' B.L. 11 14
o.."; LANDSCAPING
PARKING LOT
N 89'56'43" W 137 L.106. N
85'
1
LANDSCAPING ENTRANCE
PARKING Lor 44.,\
SCALE. 1" 50'
H. \2000 \3000527 \LXb DWG
200000063347
Filed for Record in
HMARY AMILTON L CLARK COUNTY, INDIRNA
On 12 -22 -2000 At 11:02 am.
MISC 11.00
COMMITMENT CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Section 31.6.5 of the Carmel /Clay Zoning Ordinance, the undersigned,
Stephen L. White and Sharon L. White, Co- Trustees of The Sharon L. White Revocable Trust
dated July 2, 1999, "Owner the owner of the following described Real Estate located in Clay
Township, Hamilton County, Indiana, make the following Commitment Concerning the
Development and Use of Real Estate "Commitment to the Carmel /Clay Plan Commission
"Commission
1. Description of Real Estate.
Lots numbered 2 and 3 in Newark Village replat of Lots 61 -63, an addition in Hamilton
County, Indiana, as per plat thereof recorded in Plat Book 15, Page 65 -66 in the office of
the Recorder of Hamilton County, Indiana.
2. Docket No. 138 -00 Z.
3. Statement of Commitment.
The Owner commits to only use the Real Estate as a garden shop and as a Private
Parking Area as defined in the Carmel /Clay Zoning Ordinance, Z -289.
4. Binding on Successors Assigns: This Commitment is binding on the Owner, each
subsequent owner of the Real Estate and each other person acquiring an interest in the Real
Estate, unless modified or terminated by the Commission. This Commitment may be
modified or terminated only by a decision of the Commission made at a public hearing after
notice has been provided pursuant to the rules of the Commission. The foregoing
notwithstanding, this Commitment shall terminate as to the Real Estate upon the adoption of
an Ordinance changing the zoning classification from the B -7 /Business District.
5. Effective Date: This commitment shall become effective upon the approval by the
Common Council of the City of Carmel, Indiana of the Zoning Ordinance filed under Docket
No. 138 -00 Z and the recordation of this document in the Office of the Recorder of Hamilton
County, Indiana.
COMMITMENT CONCERNING DEVELOPMENT AND
USE OF REAL ESTATE
Page 2
6. Recording: The undersigned authorizes the Secretary of the Commission or the
Director of the Camel Department of Community Services to record this Commitment in the
Office of the Recorder of Hamilton County, Indiana.
7. Enforcement: The Commission and the Department of Community Services may enforce
this Commitment.
Stephe L. White, Co- Trustee Sharon L. White, Co- Trustee
The Sharon L. White Revocable The Sharon L. White Revocable
Trust dated July 2, 1999 Trust dated July 2, 1999
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said County and State, personally appeared
Stephen L. White and Sharon L. White as Co- Trustees of The Sharon L. White Revocable
Trust dated July 2, 1999 and acknowledged execution of the foregoing Commitment.
Witness my hand and Notarial Seal this (Z. day of liWr%st4friNz.. 2000.
SP RY (s'
Notary Public 2
ze
tit 2rt T Mom fief /410
Printed Name X01 A�
My Commission Expires: -'1F lo, &Pet
Residing in t County, Indiana
This instrument prepared by Paul G. Reis, Attorney -at -Law, Paul G. Reis, Esq., LLC, 12358
Hancock Street, Carmel, Indiana, 46032 -5807
C\2028 \1 \COMMITMENTS CONCERNING THE DEVELOPMENT rev2.doc