HomeMy WebLinkAboutRecorded - TMC LCB I LLC 1361 S Range Line Rd2024001406 ENCR $25.00
01/16/2024 10:27:52AM 7 PGS
Trini Beaver
Hamilton County Recorder IN
DocuSlgn Enve,upa l D 26D16E17-5COF-4ue2.sro6-12E226FB6A23 Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN
CONS�N_7 TQ._F,H_CKOAC11
THIS CONSENT TO ENCROACH (hereinafter the "A grecment") is entered into by and betsve an TMC LCS I LLC, 1361 S Rangeline
Rd, Carmel, Hamilton County, Indiana 46032, (individually and collectively. "Owner"), land the City of Cannel, Hamilton County,
Indiana, by and through its Board of Public Works tied Safely ("City").
WITNESSLTH:
WHEREAS, Owner .,,as in I'ec simple cleat, reel estate which is located Within the ca aatc limits of the City of
Correct, Indiana and is nmre particularly described to Exhibit A (the "Real Eslatc"), attached hereto and incorporated herein
by this reference; and
WHERL•AS, the current Olvner wishes to install a mmremvtt sign oa the Rcal C.I.I. (the'Eneroachment)" which will encmaoh into
tbose segment, of Range Line Read (the "Right of Way") which are contiguous to the Real Estate and which are Identified on the drawing
attached hotel. and mwo rpoled harcin by ofic,cnec as E hib'd (the "Draw'ing"L in the manner and Incatinns shown on the. ❑,.wing,
and
WHEREAS, City of Carmel Board of Pubic Works and Safety approves he Owner's request for a variono, from
C, nud City Code Section 6-227(4); xad
WHEREAS, Owncr and City aoknowlefge the location of the Fecruachntcnl; and
WHEREAS, M. ter acknowledges treat this Agreement does ant imply any approval of existing or future i,nPeOvcments
not indicated by Owner on Exhibit B; and
NOW. 'I HEKEFORE, for and in censldehluon of the normal covenants and agrecnocnts contained he"in and other
good and valuable constdaration, the sufficiency, and receipt of which arc hereby ecke.wledged. the parties mutually
promise, agree and covenant as follows:
The foregoing preambles. recitations and deflations are made 4 V.t hereof u thoug;i such were I"ully set
Earth herein.
2. The City cunscnts to the Encmachmcnt for only so long es
fit the Ear,onchment exts3; and
(ii)Owner ccn,pl ies wish all.f the terms and pros lSions o f in i s Agreement,
:I. Owner cr.erants and ag, cos tool to extend, incresse, ,a0dify, alter, landscape, recophgure a nthenvise
change he Site Improvemrnl front what is depicted an 'n�t,R,, ,ed in maintain the Site Inl,,OVCmcnl in
good coudibnn and repair.
DecuSign Envelope ID: 26015E17-SC6F-4682-9F66-12E228FE6A23
It. Owner agrees that City shall have the right to remove any potion 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 war 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 that Immediately remove, all or any portion of the
Encroachment es is necessary to correct such problems, at Owner's sole cost and expense.
It Owner agrees that the water flow from the Encroachment shall be directed away Gem all street travel lanes
and that water from the Encroachment shall not be permitted to spray onto, uaverse or otherwise come into
contact with any trovcl 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 Righbof-Way) damaged
as a result of the installation, construction, maintenance or operation of the Encroachment
Ill. Owner agrees to mslall identification tape or identification wire on the Encoachmem 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 ai any tine.
12, Owner agrees to reinrhurse 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, constriction,
maintenance and/or operation of the Encroachment.
13. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees,
liecnseca and agents, (1) from and against any and all losses. liabilities. damages, claims, judgments, attorney
Ices and costs arising from any bodily injury, death or property damage occulting 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 or this Agreement shall he binding upon and were to the bertelit of their
respective heirs, administrators, successors and assigns
I5. 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; 26D16El7-4C6F-4682-9f06-12E22BFB6A23
16. This Agreement shall be effective as of the date on which it is last executed by a party herein.
17, The Owner agrees to provide hill disclosure of this Agreement to all persons, entities and others who acquire
by or through Owner any interest in the Real Eslate on and oiler the effective dale of this Agreement.
"OWNER"
PROPERTY OWNER PRO➢ERTY 0V NER
Trrf C J! cv I , t_ G Ci
C / i4f�:�re JJau tlNy¢l- Pr'e51we t ;
Prim � �mCi �ej/Jq 1l1.L'4'rinted Name
Signature 9 Signature
Date: C!/L' �'� T_— Date: ---___
STATE OF INDIANA )
1 ) SS:
COUNTY OF
Before me, a Notary Public in and for said County and Slate, personally appeared
by me known, and who acknowledged the execution of the foregoing "CONSENTTO ENCROACI-I' as his or
her voluntary act and deed. �f '%
Witness my hand and Notarial Sul this,--`C5y of�.-'^'.20
My Commission Expires: OTARY PUBLIC
l/ 1� ��erc�
1 ^ A Printed Name
.My County of Residence.
Ba.,rk�
BRE710A S 6RfANT
Notary Public -Seel
INntlrkks County - State of Indiana
Commission Number NP0662426
MY Canml#bn Euylrn Jan 21, 2031
DocuSign Envelope ID. 26D15El7-5CGFA662-9FO6.12E228FB6A23
"Cf1'Y•'
CITY 017 CARMEL, INDIANA,
BY AND TH ROUGH ITS BOARD 01:
PUBLIC WORKS AND SAFETY
�] j
�C
fly:;:
Site Finkam, Presiding Officer
1/11/2024
Date:
Mcu]pn,tl Y(
_lon Ulafsev, .. _.
Lori ga'Ison;Vember
1/11/2024
Date:
OY
/�
AOosu]IpnH
�L, r
N4ember
Jacob Quinn City Clerk
1/11/2024
Date 1/11/20214
11 1.
STATE OF INDIANA )
SS:
COUNTY OF IIAMIIAON )
Before me, a Notary Public in and for said Comity and State, personally appeared SI.I E f INKA,Nt, LORI WA ISON, and
MARY ANN BURKE. by me knotyn, and by me known to be the Members of the City of Cannel Board of'Pubiic works and
Safety, and Jacob Quinn, Clerk of Till; CITY 017 CARMGL, who acknowledged the execution of tl•'.e foregoing
"CONSENT TO ENCROACH" on behall'of the City of Carmel, Indiana.
114-
Witness my hand and Notarial Seal this I t Jay of .202.Ll
My Commission ENpires
ttUainuur, r fAD r
4e�y n isstor c fir
i NOTARY
SEAL
i p
IUJ
N61 PUBLIC
i
{ t
("Jessie
Printed Name
'
M} County of Residence:
This instrument was prepared b) Jon Obertander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel,
Indiana 46032.
I afiirnt, under the penalties for petjur;, that I have taken reasonable care to redact each Social Security Number in (his
documon, unless required by law. Jon Oberlandet. I'.Jnalre
Ur,,, ,y— ri:,s::Wre ,b 21,015L 17 5C6F_ 3J12. fjF 3. 12t'2,9F Bi:� 7
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 Soutlt 01 degrees 04
minutes 45 seconds Easl 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 feel,
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 10: 26DISE17-SC6F-4682-9F06-12E228FB6A.23
Exhibit B
O
DocuSign Envelope ID 2601SE17-5C6Fv1682-9FU6-12E228�135A23
Exhibit B. Continued