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Home My WebLink AboutCTE - 1361 S Rangeline Rd - TCM LCB I, LLCDocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 I 1 1 �ma I I M I �I * W. Q®1 1 /3/2024 Board of Public Works and Safety One Civic Square Cannel, IN 46032 Re: Consent to Encroach (monument sign) at 1361 S Rangeline Rd Dear Board Members: A Consent to Encroach document signed by TMC LCB I LLC, owners of the property with the common address 1361 S Rangeline Rd , 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 01/11/2024 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 AI"IACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 I a I No lot 1 /3/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (monument sign) at 1361 S Rangeline Rd Dear Board Members: TMC LCB I LLC, owner of the property with the common address 1361 S Rangeline Rd, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a monument sign within a portion of the lot which will encroach into those segments of Range Line Road 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, Jeremy Kashman, PE City Engineer DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between TMC LCB I LLC, 1361 S Rangeline 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 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 a monument sign on the Real Estate (the "Encroachment)" which will encroach into those segments of Range Line 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 WHF,RF.AS, 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. DocuSign Envelope ID: 26D15E17-5C6F-4682-gF06-12E228FB6A23 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. to. 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 17 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. DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 16. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 17. 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" PROPERTY OWNER PROPERTY OWNER .-rm (, /- Printed Name �m� Q W ,Wy1.tPrinted Name Signature Signature Date: G G ten[ ' a-3 - Date: STATE OF INDIANA ) SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. ��% t,4 1 Witness my hand and Notarial Seal this y of 20� My Commission Expires: NOTARY PUBLIC (� Printed Name My County of Residence: BRENDA S BRYANT Notary Public • Seal Hendricks County - State of Indiana Commission Number NP0662926 My Commission Expires Jan 21, 2031 DocuSign Envelope ID: 26D1 5E1 7-5C6F-4682-9F06-12E228FB6A23 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: i�e,ro„m�T r DocuSIgned by - Sue Finkam, Presiding Officer Date: 1/11/2024 DocuSlgned by: (�a,b1n. Lori 0ais8'n2,V6mber Date: 1/11/2024 ----Docualgned by: M,a Qttibu ur�t ary inn i�ii°r�Ce, Member Date: 1/11/2024 STATE OF INDIANA D ) SS: COUNTY OF IIAMILfON ) [— Oocuafgned by: Jacob Quinn, City Clerk Date: 1/11/2024 Betbre me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LORI WATSON, and MARY ANN BURKE, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behall'of the City of Carmel, Indiana. Witness my hand and Notarial Seal this I (� day of U4.W 20d.y Huston My Commission Expires: _ ;� A. NOTARY a•: _ :0 PUBLIC a: y a �3 � � :3 y SEAL 4fL.�.s c1 ;sao !/ton Co aQ�'Q\.�� l9 Numbel.,\P�\�� FtOF iN�� 1 Printed Name My County of Residence: Lul� 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 la%v. Jon Oberlander. Esquire DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 EXHIBIT A Legal Description Tax Parcel No. 29-10-31-000-037.000-018 Part of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the West line of said Section, distance 685 feet measured North 01 degrees 04 minutes 45 seconds West along said West line from the Southwest corner thereof; running thence North 01 degrees 04 minutes 45 seconds West and along the West line of said Section 378 feet; thence North 89 degrees 55 minutes East 250 feet; thence South 01 degrees 04 minutes 45 seconds East 378 feet; thence South 89 degrees 55 minutes West 250 feet to the point of beginning. Except therefrom: Beginning at a point on the West line of said Section, distant 685 feet measured North 01 degrees 04 minutes 45 seconds West along said West line from the Southwest comer thereof; running thence North 01 degrees 04 minutes 45 seconds West and along the West line of said Section 278 feet; thence North 89 degrees 55 minutes East 250 feet; thence South 01 degrees 04 minutes 45 seconds East 278 feet; thence South 89 degrees 55 minutes West 250 feet to the point of beginning. DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 Exhibit B r'p••1 r ��lliiilliii Dili ��( e� • ' 111 1 ul 1 I! 1 I � 1 1 p{II Hit, -- 1 1 - .ml 1 r _ 1 r I � 1 1 1 l:J r t 1 - • f 1 , Il 19• DocuSign Envelope ID: 26D15E17-5C6F4682-9F06-12E228FB6A23 Exhibit B, Continued I I � I t iI I ' 3.2 r. ntoNuwENT .>rcN �;.= 2' I' (/-PPROX IOCATION) f ' r •— • PROPOSED LANDSCAIPING / r ` , •�� i t � :.._... ..........�i t (TYP.)l LXISIING R/W LIVE - ( jam,