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HomeMy WebLinkAboutGray Road @ Gray Oaks-JLD Properties LLC2015025038 ENCR $27.00 05/27/2015 10:22:11AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111111111110111111111111011111111111111111111111111111111101111 CONSENT TO ENCROACH •.r ,,1 THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between JLD Properties, LLC, 12550 N Shelborne Road, Carmel, Hamilton County, Indiana 46032, (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 which is located within the corporate limits of the City of Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate "), attached hereto and incorporated herein by this reference; and WHEREAS, the current Owner wishes to install irrigation piping and sprinklers on the Real Estate (the "Encroachment ") which will encroach into those segments of Gray Road (the "Right of Way ") which are contiguous to the Real Estate and which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit 13 (the "Drawing "), in the manner and locations shown on the Drawing; and WHEREAS, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel City Code Section 6- 227(4) on Mdy LO LL,o tS ; and rv. WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does oot imply any approval of existing or future improvements not indicated by Owner on Exhibit B. 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. F 2. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all ofthe terms and provisions of-this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Encroachment from what is depicted on Exhibit B, and to maintain the Encroachment in good condition and repair. 4. Owner agrees that City shall have the right to remove any portion of the Encroachment as City deems necessary, in City's sole discretion 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 Encroachment, the Real Estate, or to Owner. 5. Owner agrees and acknowledges that the City's consent to encroach within the Right of Way, as provided in this instrument, regards the City's Right of Way interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such property interests are also located within the Right of Way. 6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any covenants and restrictions applicable to the Encroachment. 7. Owner agrees that the Encroachment will not create standing water and /or other drainage problems that affect the City or adjacent property owners and that, if such problems arise, the City, in its sole discretion, may itself remove or may notify Owner who shall then immediately remove, all or any portion of the Encroachment as is necessary to correct such problems, at Owner's sole cost and expense. 8. Owner agrees that the water flow from the Encroachment shall be directed away from all street travel lanes and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into contact with any travel lanes or paved areas o f any street or street intersection. 9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction, any utilities or improvements (whether located above, below or on the surface of the Right -of -Way) damaged as a result of the installation, construction, maintenance or operation of the Encroachment. 10. Owner agrees to install identification tape or identification wire on the Encroachment that will allow the City to readily determine the underground location of any Encroachment. 11. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time. 12. 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 ofthe Encroachment. 13. 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. 14. Owner agrees to indemnify and hold harmless City, its officers; officials, members, employees, invitees, licensees and agents; (1) from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury, death or property damage occurring during the initial installation and during any subsequent use, maintenance or repair of the Encroachment and (ii) for any failure of proper disclosure pursuant to Paragraph 18 hereof. 15. 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. 16. 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. 17. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 18. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Real Estate on and after the effective date of this Agreement. "-OWNER" JEFFREY DELELLO, Representative JLD Properties, LL Date: ure STATE OF INDIANA ) /��A ) SS: COUNTY OF t"grl"IVI(U1A1 ) Before me, a Notary Public in and for said County and State, personally appeared JEFFREY DELELLO, a Representative of JLD Properties, EEC, 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 � day of My Commission Expires: It-75b-2o11 NOTARY PU Printed Name lcdrey Dkt0 My County of Residence: H I'V v I I LTD fJ :;CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: s Brainard, Presiding Officer Mary Ann Date: e, MembL Lori Watson, Dater ATTEST: Tana Cordray;1 Date: STATE OF INDIANA COUNTY OF HAMILTON - Treasurer ) SS: Sandra M Johnsc Deputy Clerk Fur 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 by me known to be the Members of the City of Carmel Board of Public Works and �ZC futra J r Sn µµt Safety, and • • _. , 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 2 -`' day of Pt0 -•--i • 20� IS .� My Commission Expires: NOTARY PUBLIC Printed Name My County of Residence: #01/4,tipD 4J This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Douglas C. Haney, Esquire EXHIBIT A GRAY OAKS SUBDIVISION IN PART OF THE EAST HALF OF SECTION 20, TOWNSI -IIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON MAY 29, 2014 AS INSTRUMENT #2014020027 IN PLAT CABINENT NO. 5, SLIDE NO. 213 I1J Irrigation Lifkiii:'.-1*A-------.0iiii5PtIon- ;!., , - - Ffir-1-141iriBi4110iiisieiiij.01.470:7121/1142. 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X ...• X X X X X .. ......- ..• • / • • / • / . ..0 • • • • _ • • - - • _ .......... • • _ • • ..... • • - "*. .; . • ' GRAY ROAD 812712014 +air 0.00•2v. 61 485578 DRAM 66 ! KB '442Ziarri ay: KB 144-4-im imBir"e11011112. = 30, .; • • r•to !Sii1ZET: 1811 n 00 a 0 CITY OF ARMEL May 13, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — GRAY OAKS SUBDIVISION — IRRIGATION PIPING AND SPRINKLERS IN RIGHT OF WAY Dear Board Members: A Consent to Encroach document, signed by Jeffrey Delello on behalf ofJLD Properties, LLC, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the May 20, 2015 BPW meeting. The Department of Engineering has reviewed and approved the encroachment document. Upon approval and signature by the Board members the document will be recorded with the Hamilton County Recorder's Office. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT S:\ BPW15\ GRAYOAKSSUBDIVISIONENCROACHMENTDOCUMENT .DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering @carmei.in.gov - al o ® © W Li EI WI( [Due GO A. 1 CITY OF CARMEL May 13, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (IRRIGATION PIPING & SPRINKLERS IN RIGHT OF WAY) — GRAY OAKS SUBDIVISION Dear Board Members: Mr. Jeffrey Delello, on behalf of JLD properties, LLC, owner of the Gray Oaks Subdivision in Carmel, has requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for the installation of irrigation piping and sprinklers in the Right of Way for Gray Road. The new piping and sprinklers will be installed at the location generally indicated on the attached exhibit. It is not expected that the improvements will result in a Detriment (as defined in City Code) to the subject property or adjacent properties or create a hazard to the motoring public. The Department recommends that the Board approve the variance conditioned upon the following: 1. Petitioner enters into a Consent -to- Encroach Agreement with the City and records the Agreement. 2. Petitioner (and successor and assigns) agree to remedy (including removal of the improvements and /or relocating the improvements from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. Sincerely, Jeremy Kashman, P.E. City Engineer S: \BPW 15\ GRAYOAKSSUBDIVISIONREQUESTFORVARIANCEROW .DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov t4 WBUSWOOD BEIM C 1 .1010i1'41 4-iti 1 ih-14:-side#.4i1 ,s„",i -;•roP 13.....1 1 : ' , I I _. ... ......:_,:z . , v.....: ._, 1 HI 11 '3:1f,"1 :11f4cily:7 i! l. lil i t t . f Oil 0* t t ,i i, . \ I I 1 . ilift II f A, 1 l• i ( ,.,. i 1 t4, gl 1 I in: . r,itti 1$ • I • ',I !!!!, I 101: X , 777 1 • 1g, 6 5:611c Sg ft PROJECT: g GRAY OAKS DEVELOPMENT 11 ati SHEET DESCRIPTION: IRRIGATION DESIGN BARTHDLY iwcAMIKATILIMINC BARTHULY IRRIGATION, INC 101152 DEANDRA DRNE ZIONSVILLE, IN 48077 117 317.8734700 werw.barthutylnimillon.corn