96th - Young Realty Company DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
200100070966 ed for R
Filed for Record in
HAMILTON COUNTY, INDIANA
day or ll 20-Q-1 QO MARY L CLARE;
11-05-2001 02.22 pm.
i e�,,,ti, 7? l?? Auditor of Hamilton County
/00 it) C ENCROACHMNT 25.00
APPROVED, AS TO
Parcel CONSENT TO ENCROACH FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Young Realty Company, L.P., 7399 Shadeland Avenue, #166, Indianapolis, Marion County, Indiana
"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 Dan Young Chevrolet, which is located within the corporate limits of the City of
Carmel, Indiana "Dan Young and
WHEREAS, the official deeds of the Real Estate were recorded in the office of the Office of the
Hamilton County Recorder as Instrument 94- 37282, Instrument #94- 37283, Instrument #94 -37284 and
Instrument #97- 01712; and
WHEREAS, Owner has constructed portions of a curbed asphalt parking lot (the "Lot parking
lot lights (the "Lights and wishes to construct a ground mounted sign (the "Sign on the Real Estate;
and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the existing location of the
Lot, the Lights and 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 `B and
WHEREAS, the Lot and Lights are and the Sign will be constructed on a portion of the Real Estate
designated as Dedicated Right of Way (the "Right of Way identified as "NEW 75' '/z RIGHT -OF -WAY
DEDICATION' on Exhibit B; and
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WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Lot, the Lights and the Sign encroach (individually and
collectively, the "Encroachments upon the Right of Way, which Encroachments are crosshatched on the
Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Lot, the Lights and the Sign as indicated 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 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 Lot, the Lights and /or the Sign from
what is depicted on Exhibit B.
4. Owner agrees that City shall have the right to remove any portion of the Lot, the Lights and
the Sign 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
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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 Lot, the Lights and /or 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 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 Lot, the Lights, the Sign and /or the Encroachments 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 the Right of Way and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Lot, the Lights
and /or the Sign, 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.
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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.
"OWNER" "CITY"
YOUNG REALTY COMPANY, L.P. CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Jan/Chenoweth, Manager James Brainard, Presiding Officer
S Date:
Date: .-e /en ee 0: a Q001
Mary urke Member
Date: I D
•.I LL CELL
Billy ker, Member 0
Date:
A17 ST:
Diana Cordray, I C�Cl i Yc- Irea. �r:.er i
Date:
v '1.
t
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STATE OF INDIANA
SS:
COUNTY
Before me, a Notary Public in and for said County and State, personally appeared JAN R.
CHENOWETH, MANAGER FOR YOUNG REALTY COMPANY, L.P., 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 thisf day of 20D
Lek
NOTARY PUBLIC
My Commission Expires: ,/1,4 OG
7 Printed Name
d
My County of ResidenceU
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 BILLY WALKER, by me known and ik bv e nown to be the
Members of the City of Carmel Board of Public Works and Safety, and A L. CORD�RAY, 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 this d of 6e ith_� 200/
NOTARY PUBLIC
My Commission Expires: (2-A
1
1 "c(
Printed Name
My County Count of Residence: 441//kA
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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•EXHIBIT "A"
i'ighf-of -V /ay Dedication Legal De and Exhibit
I- I Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East ut the Second Principal Meridian in Clay Township. Hamilton Courtly.
87.00' rJ Indiana, described as follows:
I
Commencing at the Southeast corner of the Southeast Quarter of Section 7, Township 17 North, Range 4 East; thence North 89 degrees 39 minutes 29 seconds nest
(assumed bearing) on the South line of said Southeast Quarter 472.95 feel to the Southeasterly corner of real estate described in a document recorded os
ui w 3 I Instrument Number 94 -37284 in the Of (ice of the Recorder of Hamilton County, Indiana; thence North 00 degrees 22 minutes 00 seconds East on the Easterly line
I of said real estate, measured parallel with the East line of sold Coutheast Quarter. o distonce of 50.00 feet to a point on the Northerly Right -of -Way line Eos1 96th I
O 9 Street as established per a Right of Way Grant to the City of Carmel, Indiana recorded as Instrument Number 85 -8662 in said Recorder's Office, said point being 3 I
c I ,n 1 t he PLACE OF BEGINNING of the within described real estate; thence North 89 degrees 39 minutes 29 seconds West on sold Northerly Right -of -Way Line, measured
I b 1 parallel with the South line of said Southeast Quarter 150.00 feet to a point on the Easterly line of real estate described in a document recorded as Instrument
oI 94 -37283 in said Recorder's Office, said line being the Easterly line of real estate gronted to the City of Carmel, Indiana, per o Riyht of Way Gront recorded es
Instrument Number 85 -8665 in said Recorder's Office; thence North 00 degrees 22 minutes 00 seconds East on said common line, meost.red parallel with Ir.e East l
line of said Southeast Oucrter a dislonce of 10.00 feet to the Northerly Right -of -Way line of East 9611 Street as enlcblishea per Instrument Number 85 5005; I
n thence North 89 degrees 39 minutes 29 seconds West on said Northerly Right -o( -Way line 0 total cistance of 264.03 feet to a point cn the Westerly line cf real 5.
z h I o estate described in a document recorded as Instrument 94- 37282. said line being also the Eosterly line of reel esicte described in a document recorded as
8 c I Instrument Number 9809834341. both in said Recorder's Office; thence North 00 degrees 20 minutes 31 seconds East a distance of 15.00 feet on said common u: r,
o a- I o line, measured perpendicular with the South line of said Southeast Quarter at point on said South line that is 437.00 feet South 89 degrees 39 minutes 29 seconds I'
o a a East of the Southwest corner of the East Half of said Southeast Ouarter; thence South 89 degrees 39 minutes 29 seconds Cost parallel with the South line of said
o �I o c Southeast Quarter 412.04 feet to a point on the Easterly line of real estate described in Instrument Number 94- 37284; thence South 00 degrees 22 seconds 00
o c 0 1 o o seconds West on soid line 25.00 feet to the place of beginning, containing 0.176 acre, more or less.
1 0 1 N Y I Subject to all legal easements and rights -of -way of record. 8 I'
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