HomeMy WebLinkAboutCTE - 41N Range Line-202212152022058658 ENCR $25.00
12/15/2022 11:59:21AM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH II II II II II I I I I I I I I I III II TGR
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Lot One Partners LLC,
41 N Rangelme Rd, 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
Cannel, 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 Footings and foundation on the Real Estate (the "Encroachment)"
which will encroach into those segments of 1st Street NE, N Rauigehiie Road, E Main Street (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 mariner and locations shown on the Drawing, and
WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner's request for a variance from
Carmel City Code Section 6-227(4); 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, and
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:
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 Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement 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
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 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.
14. 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.
15. 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.
DocuSlgn Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53FB
16 This Agretmenl shall be of mi%e <Is of the date om n 51Ch It is laa eXeerrled b% s pane hereto
17. -The OA iI icr agrecs to piovide [I'll dicclnstrre of lhts A�,rcemclst to all persons. enliucs and Olher.,- who aCcluirc
h} or IhrouLh (honer aisy mlcresl in rile Real fatale on a:od after the rll'erti+c date ul' Ihic Agreemew.
"U�VV'ER"
PROPERT)' 0W.-1VER
15
Michael Jones, Manager; Lot One Partners, LLC
STATE s1F INDI:A\A t
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My Commission Expirels
C-OUNTY OF I [A\11l.T()\ December 15, 2028
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E0ibil A
LEGAL DESCRIPTION (COMMfTMENf NO. 102100088 REVISION A)
VICIN1
CARMEL
(NOT T
TRACT 1:
Lots 1, 2, and 3 In the Original Plot of the Town of Bethlehem, now City of Carmel, recorded in Deed
Record E, page 512, in the Office of the Recorder of Hamilton County, Indiana.
Also: A part of Lot No. 4 in the Original Plot of Carmel, as follows: tlegin at the northwest comer of
said Lot, run thence east 85 feet, thence south 68 feat, thence west 65 feet, thence north 86 feet, to
the place of beginning, In Hamilton County, Indiana.
Except: A part of Lot Four of the Original Plat of Carmel, recorded in Plat Book E, page 512 In the
Office of the Hamilton County Recorder, Hamilton County, Indiana and more particularty described as
follows: Commencing at the Southwest Comer of Lot Four of the Orlginol Plat of Carmel; thence East
along the South line of sold Lot Four 20 feet to the East edge of an existing landscaped area and the
Point of Beginning; thence North along the East edge of sold landscaped area 24 feet; thence East
19.33 feet; thence South 24 feet to the South line of sold Lot Four, thence Went along said Lot tine
19.33 feat to the Point of Beginning and containing 463.92 square feat more or lase.
Also: Begin at the Southeast comer of Lot 4 In the Orlglnol Plat of Carmel, run thence West 80 feet,
thence North 66 feet, thence East 80 feet, thence South 66 feat to the placo of beginning, in Hamilton
County, Indiana.
Also: Vacated alley set out in Decree Vacating Alley filed September 29.1970 In Hamilton Circuit Court
Cause No. 70-400, which was recorded October 2,1970 In Miscellaneous Record 121. page 65.
Also, The following described real estate in Hamilton County, State of Indiana, described as follows: A
part of the west half of the Northwest Quarter of Section Thirty (30), Township Eighteen (18) North,
Range Four (4) East; begin at the northeast corner of Lot Number One (1) in the Original Town of
Bethlehem, now City of Carmel, and run East 10 rods; thence South 4 rods; thence West 10 rods, to
the southeast comer of sold lot number one; thence North 4 rods to the place of beginning, containing
.25 of an acre, more or lase.
Also. Begin at the northa$et comer of Lot No. 2 In the Original Town of Whleham, now Carmel, in that
part known as the Mille Addition to sold Town, and run coat 10 rods, thence south 4 rods, thence west
10 rods to the southeast comer of said Lot No. 2, thence north 4 rods to the place of beginning, the
same being a port of the West Half of the Northwest Quarter of Section 30, Township 18 North, Range
4 East, adjoining said Town, now City, of Cannel, Hamilton County, Indiana,
Also, That part of the Northwest Quarter of Section 30, To 18 North, Range 4 East of the Third
Principal Meridian, described as follows: Beginning 33 fact North and 208 feet East of the Southwest
comer of the Northwest Quarter of sold Section and running thence North 132 feet; thence East 77 feet;
thence South 132 feet; thence West 77 feet to the place of beginning, in Hamilton County, indtona.
Also, Vacated public alley right--of—way per Ordinance D-2525-20 recorded September 18, 2020 as
Instrument No. 202DO65000 and described as followe:
Part of on un—platted alley located just east of Lots 3 and 4 of The Town of Bethlehem (Now Carmel),
as recorded as plot thereof in Deed Record 'E', page 512 in the Office of the Recorder of Hamilton
County,lndiano, lying in the Northwest Quarter of Section 30, Township 18 North, Range 4 East of the
Second Principal Meridian, Cloy Township of Hamilton County, Indiana, being more particularly described by
Tyler J. Thompson. LS21400008 of Civl1 do Environmental Consultants. Inc. on March 26. 2020, as follows:
BEGINNING at the southeast corner of said lot 4; thence North 00 degrees 06 minutes 04 seconds West
along the easterly lines of sold test 4 and Lot 3 and the northerly extension of said easterly line of Lot
3 a distance of 142.00 feet to the southeast comer of Lot 2 of sold Town ofBethlehem; thence North
89 degrees 44 minutes 42 socands East along the southerly line of the real estate conveyed to City of
Carmel Redevelopment Commission as recorded in Instrument Number 2017019558 In sold Recorder's
office a distance of 85.97 fast; thence South 00 degrees 15 minutes 16 seconds East a distance of
10.00 feet to the northeaet comer of the real estate conveyed to Cfty of Carmai Redevelopment
Commlasion in Instrument Number 2016046274 In said Recorder's office; the following two courses being
along north and west lines of said real eatotai (1) thence South 89 degrees 44 minutes 42 seconds
West a dletance of 77.00 feet; (2) thence South 00 degrees 06 minutes 04 seconds East a distance of
132.00 feet to the north right—of—way tine of Main Street; thence South 69 degrees 44 minutes 42
seconds West olong sold north line a distance of 10.00 feet to the Point of 13aginnfng, containing 0.050
acres of land, more or less,
TRACT II:
A part of Lot Four of the Original Plat of Carmel, recorded in Plat Book E, page 512 In the Office of
the Hamilton County Recorder, Hamilton County, Indiana and more particularly described as follows:
Commencing at the Southwest Corner of Lot Four of the Original Plat of Carmel; thence East along the
South line of sold Lot Four 20 feet to the East edge of on exieting landscaped area and the Point of
Beginning; thence North olong the East edge of sold landscaped area 24 foot: thence East )9.33 feet;
thence South 24 feet to the South tine of sold Lot Four, thence West along said Lot tine 19.33 feet to
the Point of Beginning and containing 483.92 square feet more or lass.
Exhibit B
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ENCROACHMENT EXHIBIT
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