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HomeMy WebLinkAboutVillage of Towne Pointe - LandLink Development :fd 0 V 2011036307 ENCROACHME $26.00 i C 08/01/2011 09:39:00A 8 PGS �'1 1 Mary L. Clark HAMILTON County Recorder IN Recorded as Presented IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDIIIIIIIIII_ AIP RON 17P1' CONSENT. TO ENCROACH U" APi TIOVZO AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Landlink Development, LLC, C/o Kayser Swidan, 14525 Whisper Wind Drive, Carmel, IN, 46032 ("Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, portions of the Village of Towne Pointe Subdivision (Subdivision), located within the corporate limits of the City of Carmel, Indiana, have been designated as public Right -of -Way by plat and identified as "President Street" (the "Right of Way more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 3, Slide Number 348, as Instrument Number 200400010842 in the Office of the Hamilton County Recorder on Feb 20, 2004, as The Village of Towne Pointe; and WHEREAS, Owner wishes to install an entrance sign, landscaping and lighting in the Right -of- Way, (collectively referred to hereinafter as the "Site Improvements and I Eb. *sword:y.isharal 1piai.etrsonsentz rorncroach. of towns pointe sign ctc.doc:122.10) 1 WHEREAS, Owner has given the City a sketch ("Sketch depicting the location of the Site Improvements in the Right -of -Way, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Right of Way is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the "Encroachment upon the Right of Way, which Encroachment is crosshatched on the Sketch; 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 considered Site Improvements as defined in this Agreement; and WHEREAS, the installation of the Site Improvements as proposed by the Owner on Exhibit B should not materially interfere with the City's use of the Right of Way. 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 the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Encroachment from what is identified in this Agreement. )El) nmcontr•almred• Ipicknrconsuns to rncroochailIage of tame pouue sign etc dot I.2k1U) 2 4. Owner agrees that City shall have the right to remove any portion of the Site Improvements as City deems necessary. in City's sole discretion, to install, protect and /or repair any utility lines, sewer lines or drainage infrastructure, located in any or all of the Right -of -Way, or for any other lawful purpose, 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 Site hnprovements or to Owner 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and /or death, and from any destruction and /or damage to any property or improvements, located in the Right -of -Way, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or related to the Site Improvements in the Right of Way. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or all of the Right of Way and /or any improvements located therein caused by the installation, construction, maintenance or operation of the Site Improvements. 7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding on any entity to which Owner may transfer its responsibility for the Site Improvements. 8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from the effective date of this Agreement. In the event this Agreement is not timely recorded by �Fh: n¢o•o[dyrsharo0 Ipickett consents 10 encroach•.ri1Iage of tonne poime sign etcdoca 1 '2i 10] 3 Owner, Owner agrees and consents to City recording same, at Owner's sole cost and expense. 9. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 10. The persons 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. 11. This Agreement shall be effective as of the date on which the last party hereto executes same. f bb msword:y: conscnts to encroach rillagc of tame point., sign rw.doc:1123 10] 4 '`OWNER" "C1TY" LANDLINK DEVELOPMENT, LLC. CITY OF CARMEL, INDIANA A..) BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Kayser Swidan Pa-1014)1 /2 2/OA 0/ James Brainard, Presiding Officer Date: A AAa Mary Burke, Memb Date: Y-- 1/ •I Lori Watso F ember Date: l/ i 1 f 1 ATTEST: 11 iana Cordray, IAMC, ,erk- Treasurer Date: Sc «fi �Eb. mscorJ:e shamidpicken cpuene a rncreadreillage oCiowepouncaim ae.Ao::l I ?'10� 5 STATE OF INDIANA SS: COUNTY OF tbm O Before me, a Notary Public in and for said County and State, personally appeared KAYSER SWIDAN, LANDLINK DEVELOPMENT, LLC., by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed Witness my hand and Notarial Seal this C1 day of OPCe 4k7CY 20 NOTAR P My Commission Expires: Vi 'ky L- W b d tkn2 8 D I1 Printed Naive My County of Residence: Hill ll{OK aY p tiP U STATE OF INDIANA 2 VICKY L. WEgB SS: SEAL R esident of Hamilton County COUNTY OF HAMILTON /yD 0. My Commission Expires June 8, 2017 Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN 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 DIANA L. CORDRAY, Clerk Treasurer 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 /7 day of 20 /1. 2 ;_6t.?„,_,...„22._ L%h�uJ NOTARY PUBLIC My Commission Expires: Ann ,D ✓Is //1l/7 Printed Name My County of Residence: J#L I Ptl 1 MDn 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. This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032: Eb: nsttord7 ^shareddpickett consents to encroachwillacc of iorwe pointc sign cte.doc l 1:23.101 6 ------2n, LEGAL DESCRIPTION Part of the Northwest Quarter of Section 28, Township 18 North, Range 3 East in Hamilton County, Indiana All of the platted/ dedicated Right of Way of President Street included with the Village of Towne Pointe Subdivision as recorded in the Office of the Hamilton County Recorder on February 20, 2004 as Instrument Number 200400010842 in Plat Cabinet 3, Slide Number 348. EXXHIBIT "A" I II N89'54'51 "E d+ a o N85.1 02 E N89'S4'S1 "E N89'54'51' c*) 127.01' o15.00' 12 Q. 29' g :6.0 1 I I 30_D. &U_E. V. W. D. &U.E. c:, 1 —1 15.0 j i 20' D. &U.E. 20 I V R. I �-t I M I o p p I I tl1 O tP .ki t ul I Q .s l I z Z Tg 1 2 M 2 24,228 sgft 3 1 24,259 sqft I- Z 23,838 sqft Q sR `S 40' B.S.L. 7. 1 L S C. 102.18' 5' D. &U C8 89.16' E C9 t 32. f 143.46 --4,5 1 -t-- S9'18'27 "E C 7p 95.4 7' C 1 1 p S83-50'16 E PRESIDENT STREET T g 49 167.45 N. C45 C44 C2 ui 8 9.98' 48.06' C4 0� in F, q .21.0 71.87' _C42_ �5/ 25' D. &U.E. 9 �9 kri N 1 22.60' -1 r-- c.; R Q 4 B.S. 25 D U E in o tF5 40 40 B.S.L. I P 16.5' \--:'63\i-c3.. W1 28 I 21 N mi 22 sqft I 22,361 sqft o I w Q I 25,923 sqft c 1 .r.' s.25' 0. 0 r V fl. MI F 'N