HomeMy WebLinkAboutCTE - Edward Rose - 20230419672023041967 ENCR $25.00
11/02/2023 10:13:24AM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
II II II II II II I I II III III II
DocuSign Envelope 10: 04372EEB-5867-4AD5-9261-64610CF6A961
EIC
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Edward Rose Mvelopment Carmel,
L.L.C., 11611 N Meridian Street Suite 900, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and
the City of Cannel, 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 A (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 arc contiguous to
the Real Estate and which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit D
(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 ofthe 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 ofwhich are hereby acknowtedged, 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.
Docu6ign Envelope ID. 04372EEB-5867-4A06-9261-&4610GF6A961
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 Fight 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.
It, 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.
❑ocuS gn Envelope ID 04372EEB-5861-4AO5-9261-64blOCF6A9(i1
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 lull 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"
PROPERTY OWNER
EDWARD ROSE DEVELOPMENT CARMEL, L.L.C.
Printed Name
ZBY.
Signature Warren Rose, Manager
Bate: 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 ED WARD 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 Sea] this 6th _ day of , October 1 : 2023,
My Commission Expires: 8I20/2029
NOTAR�PU LIC
Richard Stecker
Printed Name
My County of Residence: Oakland
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Docu5ign Envelope Id: 04372EEB-5867-4AO5-9261-64610CF6A961
'CITY"
CITY OF CAPMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: NOt Present
James Brainard, Presiding Officer
Date: N/A
rt-
�i�r�`,Mrke, Member
Date: 11/1/2023
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L6r 10fl,`Mcmber
Date: 11/1/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Docuftned by:
Sue Wolfgang, Clerk
Date: 11/1/2023
Before me, a Notary Public in and for said County and State, personalty appeared ,
MARYANN 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 Seal this day of , 2013
My Commission Expires:
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Printed Name
My County of Residence:
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
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Envelope ID� 04372EeB-5867-4A05-9261-64610QF6A961
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