HomeMy WebLinkAboutCTE - 12950 Old Meridian StDocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961
CITY4�I �EL
JA11E5 BRAINAM), NIAYOR
10/25/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (lighting conduit and light poles) at 12950 Old Meridian St.
Dear Board Members:
A Consent to Encroach document signed by Edward Rose Development Carmel LLC, owners of the property with the common
address 12950 Old Meridian Street, 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 11/01/2023 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,
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961
CIT E' 'CXhMEL
f,i-,mi s BitAINARDl NIA-1-011
10/25/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (lighting conduit and light poles) at 12950 Old Meridian St.
Dear Board Members:
Edward Rose Development Carmel LLC, owner of the property with the common address 12950 Old Meridian St., has requested a variance
from the Carmel City Code Section 6-227(a)(4) for the installation of a lighting conduit and light poles within a portion of the lot which will
encroach into those segments of Old Meridian which are contiguous to the Real Estate. 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):
• Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. (we will record
the agreement for you).
• Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the
improvement that, in the opinion of the City, represents a Detriment as defined in City Code.
Respectfully,
;Z7
Jeremy Kashman, PE
City Engineer
DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Edward Rose Development Carmel,
L.L.C., 11611 N Meridian Street Suite 800, 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
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 (the "Real Estate"), attached hereto and incorporated herein by this reference; and
WHEREAS, the current Owner wishes to install lighting conduit and light poles on the Real Estate (the
"Encroachment)" which will encroach into those segments of Old Meridian (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 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:
1. The foregoing preambles, recitations and definitions are made apart 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.
DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961
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 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.
9. 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.
10. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time
l l . 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.
12. 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 16 hereof.
13. 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.
14, 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: 04372EEB-5867-4AO5-9261-64610CF6A961
15. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
16. 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"
PROPERTYOWNER
EDWARD ROSE DEVELOPMENT CARMEL, L.L.C.
Printed Name
BY: Z—�
Signature Warren Rose, Manager
Date: 10/6/2023
STATE OF MICHIGAN
) SS:
COUNTY OF OAKLAND
Before me, a Notary Public in and for said County and State, personally appeared WARREN ROSE, by me known, and by me known
to be the MANAGER OF EDWARD ROSE DEVELOPMENT CARMEL, L.L.C., who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH' as his voluntary act and deed on behalf of the company.
Witness my hand and Notarial Seal this 6th _ day of _ October , 2023.
My Commission Expires: 8/20/2029
NOTARY PUBLIC
Richard Stecker
Printed Name
My County of Residence: Oakland
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DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date: N/A
rD"USIgned by:
I Mayr�Qku, lac,
�k`A°AT rke, Member
Date: 11/1/202 3
D—Signed by:
I.oln U►aisew
Lar VIMM.'Nember
Date: 11/1/202 3
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
DocuSigned by:
Sue Wolfgang, Clerk
Date: 11/1/2023
Before me, a Notary Public in and for said County and State, personally appeared I A Ad,
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 CARMEL, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmel,
Indiana.
Witness my hand and Notarial Seat this 2 day of lbgA20 20_ ?>
My Commission Expires:
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NOTeY PUBLIC '
C\ essica
Printed Name
My County of Residence: CIL�;
This instrument was prepared by Jon Oberlander, Esquire, Assistant 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. Jon Oberlander, Esquire
DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961
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