Pennsylvania at Hamilton Crossing / KRG Hamilton Crossinggrr { y ti- CONSENT TO ENCROACH
APPROVED eizb
2014049087 ENCROACHME $26.00
10/30/2014 12:11:34P 7 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
(1111111 II I I III IIIII I I Ii I IIII IQI l I l I I I IIIII III I l I l Il Ii I l II lI I l
THIS CONSENT TO ENCROACH (hereinafter the "Agreement') is entered into by and between
KRG HAMILTON CROSSING, LLC, 30 South Meridian Street, Suite 1100, Indianapolis , Marion
County, Indiana 46204, (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 11.042 acres in Hamilton Crossing which is located within the
corporate limits of the City of Carmel, Indiana ( "Real Estate "), which Real Estate is more particularly
described in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the Real Estate was recorded as Instrument #200400059877 in the Office of the
Hamilton County Recorder on August 25, 2004; and
WHEREAS, the current Owner wishes to install a entrance sign on the Real Estate (the "Site
Improvement "); and
WHEREAS, Owner has given the City a sketch ( "Sketch ") depicting the location of the Site
Improvement on the Real Estate, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit B; and
WHEREAS, the Site Improvement will be constructed on portions of the Real Estate designated as
a Irregular Utility Easement (Instrument #9909929602 and Instrument #199909972494) identified on
Exhibit B (the "Easement "); and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the
"Encroachment ") upon the Easement, which Encroachment is crosshatched on Exhibit B; and
WHEREAS, City of Carmel Board of Public Works and Safety approved the Owner's request for
a variance from Carmel City Code Section 6- 227(4) on Septembe>y< 2014; and
ii'
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
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easement.
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.
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. Owner agrees that City shall have the right to remove any portion of the Site Improvement as
City deems necessary, in City's sole discretion, to install, protect and/or repair any utility
lines, sewer lines or drainage ditches located in the Easement, 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 Improvement, the
Real Estate, or to Owner.
5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as
provided in this instrument, regards the City's Easement 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 Easement.
6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does
not violate the original Plat, any subsequent amendments or restatements thereof, and /or any
covenants and restrictions applicable to the Encroachment.
7. 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 or damage to any property or improvements, located on the
Real Estate, or otherwise, and /or for any failure of proper disclosure pursuant to Paragraph 13
hereof, which results directly or indirectly from any act of Owner, its employees, contractors
and /or agents in, on, under, across or to the Easement.
8. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace
or repair any damage to the Easement and any improvements located therein caused by the
installation, construction, maintenance and /or operation of the Site Improvement.
9. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to
provide to City a recorded copy of same within ten (10) business days of the effective date of
this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees
and consents to City recording same, at Owner's sole expense.
10. 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.
11. 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.
12. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
13. 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.
14. Owner agrees not to alter the ground surface elevation within the limits of the easement at any
time beyond that needed to install the Site Improvement.
15. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the
Lot or adjacent properties determined by the City to be resulting from the Encroachment.
"OWNER"
¢99y Signatur
44, Mark S. Jenkins, Senior Vice President
Development, Kite Realty Group
Date: 8— (8 -it%
Sandra 14. Jelmcon,
)34d--tut r
"CITY"
CITY OF CARMEL, INDIANA,
BY AND TI- (ROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
James Brainard, Presiding Officer
Date:
Lori Watsia Member
Date: at /ii II
ATTEST:
Q66-44401/4. 11\
Diana Cor, a . IAA IC _ Treasurer
Date: (1�
STATE OF INDIANA )
) SS:
COUNTY OF {-60M---- )
Before me, a Notary Public in and for said County and State, personally appeared Mark S.
Jenkins, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his or her voluntary act and decd.
Witness my hand and Notarial Seal this
My Commission Expires:
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
My County of Residence:
JENNIFER L KELLER
Notary Public, State of Indiana
Hancock County
Commission # 642883
My Commission Expires
March 13, 2021
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 DIAN.9r: .piyCiY',•�Clerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of Apr �p8rl}q` g t,To
Encroach" on behalf of the City of Carmel [ ndiana. C'
17-Sc cc- tor
Witness my hand and Notarial Seal this t7 day of
My Commission Expires:
/y // 7
NOTARY PUBLIC oopntnnots:'
4ti,'m� "s
Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel,
Indiana 46032.
1 affirm, under the penalties for perjury, that I have t en reasona '. • le :ire to redact each Social Security
t �
Number in this document, unless required by law.
EXHIBIT A
11.042 ACRES RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON
AUGUST 25, 2004 AS INSTRUMENT #200400059877
Return to: Sandy Johnson
City of Carmel
One Civic Square
Carmel, IN 46032
SCALE: 1"=.20'
II
UnLITY EASEMENT
PROPOSED SIGN
EXIS IND SIG TO 18E REMOVED
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HAMILTON CROSSING CENTER
CARMEL, IN
PROPOSED MONUMENT SIGN
LOCATED IN THE SOUTHERN
ENTRANCE OF THE PROPERTY
EX'HJr3 /T 8
id 1
REALTY GROUP
30 S. MERIDIAN STREET
SUITE 1100
INDIANAPOLIS, IN 46204
PHONE 317- 577 -5600
FAX 317- 577 -5605-