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Home My WebLink AboutCTE-620 S Range Line (above-grade) Monon Square Associates JV LLC9/26/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach - 620 S Range Line Rd (above-grade) Dear Board Members: A Consent to Encroach document signed by Monon Square Associates JV, LLC, owner of the property with the common address 620 S Range Line Rd, is submitted to the Board for signatures. This will provide approval for above- grade encroachment to install certain doors that swing outward, balconies, cornice, turret, and canopy. 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, Bradley Pease, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF l l 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. 9/26/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance - 620 S Range Line Rd (above-grade) Dear Board Members: Monon Square Associates JV, LLC, owner of the property with the common address 600 S Range Line Rd, has requested a variance from the Carmel City Code Section 6-227(a)(4) for above-grade installment of certain doors that swing outward, balconies, cornice, turret, and canopy. 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 shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. l Respectfully, BBradleyyPease, PE City Engineer Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF CONSENT 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 certain doors that swing outward, balconies, cornice, turret, and canopy on the Real Estate (the "Encroachment)" which will encroach into those segments of Veterans Way, the to be named right of way dedicated pursuant to that certain Dedication & Deed of Public Rights-of-Way recorded in the Office of the Hamilton County, Indiana Recorder as Instrument No. 2024025821, 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, Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF 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 Encroachments from what is depicted on Exhibit B, and to maintain the Encroachments 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. Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF 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] Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF 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. Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF WALNUT STREET M O N O N T R A I L U N N A M E D S T R E E T UNNAMED STREET DATE:DWG SCALE: DRAWN BY:CHECKED BY:APPROVED BY: PROJECT NO: EXHIBIT: NORTHWEST BUILDING ENCROACHMENT EXHIBIT 317-1681"=50'SEPTEMBER 24, 2024 CJV TJT ABS 1 OF 1 STUDIO M MONON SQUARE MIXED USE RANGELINE ROAD CARMEL, INDIANA 46032Civil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G NORTH Docusign Envelope ID: 2FA3A901-44A9-4A1A-B7C5-BF575DE41EAF