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Home My WebLink AboutCTE and Variance - 803 Rosemary Gardens - Freeland WayDocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 a 9/27/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Monument Sign) at Freeland Way Dear Board Members: A Consent to Encroach document signed by North End Land Development LLC is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of Public Works for approval during thel0/4/2023 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, i Jeremy Kashman, PE City Engineer ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: IFAB5F44-D299-4448-9FD9-EA549FFF4D07 ANIFN BRAINARD. \INVW 9/23/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Monument Sign) at Freeland Way Dear Board Members: North End Land Development LLC, owner, has requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a monument sign which will encroach into those segments of Freeland Way which is located in a vicinity of 803 Rosemary Gardens. Generally, the improvement is proposed to be installed at the location indicated on the attached exhibit. It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): 1. Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. (we will record the agreement for you) 2. The sign and any additional landscaping will not impede on the sight distance requirements for vehicles. Respectfully, Jeremy Kashman, PE City Engineer DocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between North End Land Development LLC. 1 132 S 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 in a vicinity of a Right of Way owned by the City of Carmel, Indiana with a common address of 803 Rosemary Gardens (the "Real Estate"), attached hereto and incorporated herein by this reference; and WHEREAS, the current Owner wishes to install a monument sign ithin the City's Right of Way (the "Encroachment") which will encroach into those segments of Freeland Way (the "Right of Way") which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit A (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); 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 A. 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 Encroachment, 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 DocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 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 pennission 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 detennine the underground location of any Encroachment. It. 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. 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. DocuSign Envelope ID: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 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., OPERTY WNER ignature Date: STATE OF INDIANA SS: COUNTY OF �7a+s+►`Id►-� ) PROPERTY OWNER Signature Date: Before me, a Notary Public in and for said County and State, personally appeared J�sr ra 1h o19Ar.T r— , 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 _ M day of 5ErijfrA641C- , 2021. My Commission Expires: 6 r 3 Zoy PrintedNaine My County of Residence: A" #-j K M MAY p,s % Notary Public, State of Indiana ��Y ��SEAI.ji+ Hamilton County sl, * Commission Number NP0734234 ypiAN� My Commission Expires Jun• 13, 2029 DocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 "CITY" CITY OF CARMEL. INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY � jDocuSigned by: BY: P I l James rainar1111 ,Presiding Officer Date: 10/4/2023 D-uft-d by: r a kwv, 6AL, OE37 OCO6 4C4. ary nn urke, Member 10/4/2023 Date: Docuft-d by: (,ovi U1a�sotn, Lori Mtson, ember Date: 10/4/2023 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) ATTEST: FDocu gned by: —683ASue Wol gang,$ er�aa ... Date: 10/4/2023 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 Sue Wolfgang, Clerk of THE CITY OF CARAMEL. who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmel. Indiana. i1_' �, Witness my hand and Notarial Seal this rr` tay of W1 > 202-B �.V0 A; 203E+q�. `'�i NOTA PUBLIC My Commission Expires: _ ;� NOTARY w :n PUBLICOMP JAW L4, of 0 = ;s 4 SEAL ^p : = Printed Name 0. s ice, . i� *filtdit G eQ�' �` ° `'' ?P`` My County of Residence: Sj.•. This instrument was prepared by Sergey Grechukhin, Transactions Chief, 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. Sergey Grechukhin, Esquire DocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 33NS 7JS 3r 33s4S 339 T G Z — Q - J w F— Z z Z - z a ? 0 C a - o w Q S y z • • • 9 V) co bA O a v ao C Oq N C w t t O Z