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HomeMy WebLinkAboutKristoff Properties, LLC2018011206 ENCR $25.00 03/20/2018 01:56:45PM 8 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II I I II II I I I I I I I I II CONSENT TO ENCROACH(` THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Kristoff Properties LLC, 1040 North Rangeline 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 currently has a sign on the Real Estate (the "Encroachment") which encroaches into those segments of Rangeline 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 B (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 oll i ; and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not 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. 2. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the 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 of 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 of the 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, (i) 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. • Kr*off ' • STATE OF -A rLo-9 ` �R) SS: COUNTY OF —b K LJ I(�L Before me, a Notary Public in and for said County and State, personally appeared An Authorized Representative of Kristoff Properties, LLC, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. // --V— Witness my hand and Notarial Seal thisZ day o , 20/ V e&' � A . 97�al NOTARY PUBLIC My Commission Expires: Aie?') /V( /) l g Printed Name My County of Residence: �)LCy �- '+�pY''!a�`:, KAREN M KING •j4 MY COMMISSION#FF155029 ty.. \o 9�Of P'" EXPIRES October 19, 2018 C407) 395.0153 FloridallotaryService.com "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Jame rainard, Presiding Officer Date: -?, ".4 -/.P Md4-1d, A ja, MaryAni/Burke, Me er ✓� Date: Lori Wats , Me er l Date: a2. -la i _ f ATTEST: Christine S. Pauley, Cler - reasure Date: 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 known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and CHRISTINE S. PAULEY, 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 thisal"day of 20 u . cl:), NOTARY PUBLIC My Commission Expires:. ' , 4. I -61 A0 Printed Name '' 11 DIANNE WALTHALL My County of Residence:�lc0.YY) I 1+a-� Seal Notary AWIC - StSte,of Indiana Hamilton My Commission Expires Mar 16, 2024 This instrument was prepared by Douglas C. Haney, Esquire, Corporation Counsel, 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 File No.: 2071333 EXHIBIT A Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 24, Township 18 North, Range 3 East; thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on and along the East line of aforesaid Southeast Quarter 616.80 feet; thence North 90 degrees 00 minutes 00 seconds West 32.85 feet (32.98 feet, measured) to the West right-of-way line of Range Line Road, said point being the place of beginning of this tract; thence South 00 degrees 05 minutes 55 seconds East on and along said right of way line 76.90 feet; thence South 90 degrees 00 minutes 00 seconds West 297.85 feet (298.49 feet, measured) to the Easterly right of way line of U.S. #31 as located per project ST -F222(9), said point being on a curve with a radius of 1542.39 feet, the radius point of which bears North 43 degrees 46 minutes 06 seconds West (North 43 degrees 44 minutes 53 seconds West, measured) from said point; thence Northeasterly on and along said right of way line on said curve 184.65 feet (184.90 feet, measured) to a point which bears North 71 degrees 15 minutes 00 seconds West from the place of beginning; thence South 71 degrees 15 minutes 00 seconds East 181.99 feet (182.45 feet, measured) to the place of beginning. February 1, 2018 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Sign) at 1040 North Rangeline Road. Dear Board Members: A Consent to Encroach document signed by Linda Kristoff of Kristoff Properties, LLC, owner of the property with the common address 1040 North Rangeline Road, is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of Public Works for approval during the February 21, 2018 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, PE City Engineer ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT JArvifis BRAINARD, MAYOR February 1;;2018 Bbar&of Publip- Work&and Safety One,O* Square Carrriel, IN 46032 Re Request Wqutst f6r Variance (Sign) North.Ran, 9 -eune. -R A Dear Board. Members:. Linda Kristoff of Kristoff Properties, TALC, owner ,.- . . of the property-wjt.4 common address 10 No #h ( e!Road,hasrequested t d avariance from Cannel City C6de.lection §6w227 (a)(4) for a:business sign within the Right of Way of Range'line koakadjacent'to'the property,, is prpp(?Seq. ,gn wit n to b� ery,� sign installed, at the location indicated, on th' tt . h d exhibit. 'ItIs not expected thattheimprovements at theT, proposed - location will result, in Detriment (As defined T property City: Code), o the subject y -or. the adjacent prqp6 ies (provided the petitioner -adheres to the conditions recommended below). The.':En,g,lneen'n-gDeparftnerit. recommends 4haf the Board approve the variance conditioned upon -th f6llowit'(as discussed with the petitioners)`: J. Petitioners enter into a .Consent-lo=Encroach Agreement with the -city, and record 'the Agreement. (we will record i eAt, . fie.��enl for you) ®`.® -.e.$ vii 814FgF o to o ul"i o u"i a N R. ygy�6. g Rig. Natdine. 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