HomeMy WebLinkAboutCTE 620 VeteransCONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Monon Square
Associates JV, LLC, 620 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
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 building footers on the Real Estate (the "Encroachment)" which will
encroach into those segments of Veterans Way, the unnamed roadway along southern limit of property, and the Monon Trail
(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 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.
Notwithstanding anything to the contrary in this Agreement, Owner shall be given at least thirty (30) days prior
written notice from the City and an opportunity to cure any failure to comply within that period, provided,
however, that (i) if the cure cannot reasonably be completed in that time, Owner shall have the opportunity to
commence within that period and diligently pursue a cure thereafter, the time to shall be extended up to ninety
(90) days, and (ii) such 30-day period shall be subject to extension as reasonably required due to force majeure.
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.
4. Reserved.
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. Reserved.
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 determine the underground location of any Encroachment.
11. Following installation of the Encroachment, Owner agrees not to alter the ground surface elevation within the
limits of the Right of Way at any time, without the prior consent of the City, which shall not be unreasonably
conditioned, withheld or delayed.
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 appurtenant to and run with the land and 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.
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.
[SIGNATURES ON THE FOLLOWING PAGES]
Exhibit A
Real Estate
The Land is described as follows:
PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH,
RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 89 DEGREES 12 MINUTES 13 SECONDS WEST ALONG THE SOUTH
LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 50.01 FEET TO THE WESTERN
BOUNDARY OF RANGELINE ROAD; THENCE ALONG SAID WESTERN BOUNDARY
THE FOLLOWING 7 COURSES: 1) NORTH 00 DEGREES 00 MINUTES 51 SECONDS EAST
A DISTANCE OF 419.00 FEET; 2) NORTH 29 DEGREES 47 MINUTES 36 SECONDS WEST
A DISTANCE OF 74.01 FEET; 3) NORTH 55 DEGREES 51 MINUTES 08 SECONDS WEST
A DISTANCE OF 81.34 FEET TO A NON-TANGENT CURVE; 4) NORTHWESTERLY
102.53 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 494.00 FEET AND
SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 70 DEGREES 02
MINUTES 27 SECONDS WEST AND A LENGTH OF 102.35 FEET TO A REVERSE CURVE;
5) NORTHWESTERLY 102.04 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS
OF 219.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF
NORTH 77 DEGREES 26 MINUTES 36 SECONDS WEST AND A LENGTH OF 101.12
FEET; 6) SOUTH 89 DEGREES 12 MINUTES 29 SECONDS WEST A DISTANCE OF 14.59
FEET; 7) NORTH 00 DEGREES 48 MINUTES 47 SECONDS WEST A DISTANCE OF 3.86
FEET TO THE SOUTHERN BOUNDARY OF WALNUT STREET; THENCE SOUTH 89
DEGREES 10 MINUTES 30 SECONDS WEST ALONG SAID SOUTHERN BOUNDARY A
DISTANCE OF 20.63 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 00
DEGREES 53 MINUTES 01 SECOND EAST A DISTANCE OF 321.31 FEET; THENCE
SOUTH 59 DEGREES 08 MINUTES 29 SECONDS WEST A DISTANCE OF 75.17 FEET;
THENCE SOUTH 89 DEGREES 06 MINUTES 59 SECONDS WEST A DISTANCE OF 267.14
FEET TO THE EASTERN BOUNDARY OF THE MONON TRAIL; THENCE NORTH 00
DEGREES 51 MINUTES 30 SECONDS WEST ALONG SAID EASTERN BOUNDARY A
DISTANCE OF 359.21 FEET TO THE SOUTHERN BOUNDARY OF WALNUT STREET;
THENCE NORTH 89 DEGREES 10 MINUTES 30 SECONDS EAST ALONG SAID
SOUTHERN BOUNDARY A DISTANCE OF 332.10 FEET TO THE PLACE OF
BEGINNING. CONTAINING 2.710 ACRES, MORE OR LESS.
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DESCRIPTIONDATENO
REVISION RECORD
DATE:
DWG SCALE:
DRAWN BY:
CHECKED BY:
APPROVED BY:
PROJECT NO:
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WEST BUILDING
FOOTER EXHIBIT
317-168
1"=20'
AUGUST 7, 2024 CJV
ABS
ABS
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STUDIO M
ARCHITECTURE & PLANNING, LLC
MONON SQUARE MIXED USE
RANGELINE ROAD
CARMEL, INDIANA 46032
NO
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Civil & Environmental
Consultants, Inc.www.cecinc.com
530 E. Ohio Street
Ph: 317.655.7777
Indianapolis, IN 46204
Suite G
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