Rangeline at City Center Drive/ Carmel City Centera5
MCC C CONSENT TO ENCROACH
APPROVED Got
THIS CONSENT TO E
2014049090 ENCROACHME $27.00
10/30/2014 12:11:34P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
I IIIII I I IIII I I III IIIII IIIII IIIII VIII VIII VIII VIII VIII VIII IIII IIII
wake)
ac,
ROACH (hereinafter the "Agreement" )`is entered into by and between
Cannel City Center, LLC & Carmel City Center Retail, LLC, Cannel, 770 3`d Avenue S.W., Cannel,
Indiana, 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 ( "City ").
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 a sidewalk plaza on the Real Estate (the
"Encroachment ") which will encroach into those segments of Rangeline Road (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 approved the Owner's request for
a variance from Cannel City Code Section 6- 227(4) on April 2nd, 2014; 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.
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:
I. 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
1
(i) the Encroachment exists; and
(ii) Owner complies with all of the terns and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or
otherwise change the Encroachment from what is depicted on Exhibit B, and to maintain the
Encroachment in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion 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 cost 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 then
immediately remove, all or any portion of the Encroachment as is necessary to correct such
problems, at Owner's sole cost and expense.
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. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at
any time beyond that necessary to make the improvements allowed by the variance obtained
on April 2, 2014.
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 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.
14. 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 Encroachement and (ii) for any failure of proper disclosure
pursuant to Paragraph 18 hereof.
15. The parties agree that the tenns of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
16. 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.
17. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
3
18. 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.
"OWNER"
Laurie Siler
Senior e President, Carmel City Center
aQc
Sign
atuyeJ
Date: ' °13Iz0tt4
Sandra M Johnson
Deputy LIc t. r
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
i1/07 -?res&7 t
James Brainard, Presiding Officer
ate:
ary nn Burke, Member
Date / '/5'77
Lori Watson4e/ ber
Date: `7 I t `s / t
ATTEST:
m
Dia a Cordray, IAM ¶Clerk- Treasurer
Date: /CY/St�
4
STATE OF INDIANA )
) SS:
COUNTY OF a- nt. H
Before me, a Notary Public in and for said County and State, personally appeared Laurie Siler, by
me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his
or her voluntary act and deed. 22
Witness my hand and Notarial Seal thiSe'4day of if/ AP, - , 20/ V
My Commission Exp
Orley 2,0 1 t.Printed Name
TERREL.CROSS
Marini County
My Commission Expires
August 30, 2015
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
My County of Residence: a r i D n
Before me, a Notary Public in and for said County and State, personally appeared JAMES-
I114.4,444412-D, 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 Bh4A3-A-L—. t; lerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this k5 day of rkAt nbp,t/ 0 (4.
6i✓ii' r /uCJ' .�%C
NOTARY 3 BLIC -4P� test '�
My Commission Expires: -r
/ e/ 7 Printed Name • .,,,,t, INDIAN j` a.. ..
My County of Residenc W.:M. /.'w/•/
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One ry ;c..
Indiana 46032.
I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security
Number in this document, unless required by law. Douglas C. Haney Esquire
5
EXHIBIT A
Retail Unit 2, together with an undivided interest in the Common Area, per the Declaration of
Condominium Ownership for the Carmel City Center Condominiums Building I dated the 13th day of
December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended
pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City
Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of
February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the
Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the
8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No.
2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership
for the Carmel City Center Condominiums Building I dated the 4th day of May, 2012, and recorded the
4th day of May, 2012 as Instrument No. 2012024564, amended pursuant to the Fourth Amendment to the
Declaration of Condominium Ownership for the Caramel City Center Condominiums Building 1 dated the
1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, amended
pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City
Center Condominiums Building 1 dated the 19th day of June, 2012, and recorded the 22nd day of June,
2012 as Instrument No. 2012034572, amended pursuant to the Sixth Amendment to the Declaration of
Condominium Ownership for the Carmel City Center Condominiums Building I dated the 6th day of
June, 2013, and recorded the 18th day of June, 2013 as Instrument No. 2013037775, amended pursuant to
the Seventh Amendment to the Declaration of Condominium Ownership for the Carmel City Center
Condominiums Building I dated the 21st day of August, 2013, and recorded the 30th day of August,
2013 as Instrument No. 2013056282, and amended pursuant to the Eighth Amendment to the Declaration
of Condominium Ownership for the Carmel City Center Condominiums Building I dated the 22nd day of
October, 2013, and recorded the 23rd day of October, 2013 as Instrument No. 2013065243, all in the
office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center
Condominiums Building I dated the 15th clay of November, 2010, and recorded the 13th day of
December 2010 as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City
Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of
February, 2011 as Instrument No. 201 1009361, amended pursuant to the Amendment No. 2 Carmel City
Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of
December, 2011 as Instrument No. 201 1064759, amended pursuant to the Amendment No. 3 Carmel City
Center Condominiums Building I dated the 4th day of May, 2012, and recorded the 4th day of May, 2012
as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center
Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June 2012 as
Instrument No. 2012030244, amended pursuant to the Amendment No. 5 Carmel City Center
Condominiums Building 1 dated the 19th day of June. 2012, and recorded the 22nd day of June, 2012 as
Instrument No. 2012034571, amended pursuant to the Amendment No: 6 Carmel City Center
Condominiums Building 1 dated the 6th day of June, 2013, and recorded the 18th day of June, 2013 as
Instrument No. 2013037774, amended pursuant to the Amendment No. 7 -Cannel -City Center
Condominiums Building I dated the 21st day of August, 2013, and recorded the 30th day of August, 2013
as Instrument No. 2013056281, and amended pursuant to the Amendment No. 8 Carmel City Center
Condominiums Building I dated the 22nd day of October, 2013, and recorded the 23rd day of October,
2013 as Instrument No. 2013065242, all in the Office of the Recorder of Hamilton County, Indiana.
Rangeline Road
r :.
Project:
CARMEL
CITY CENTER
CARMEL CITY CENTER
RANGELINE ROAD
Carmel, Indiana 46032
Date: eat R:
MAY 19. 2011
Drawn By:
JAW
Ref. Drawing:
Architect
PEDCOR DESIGN GROUP
Architecture) Project Management
One Pedcor Square
355 City center Dare
Carmel, Indiana 16032
317.7057979120nna)
317.705.7980 Sax)
ADO8 I RFIMIASik 11'Ra.
JIUnW o o U i +U
co O m o=n
CITY 0 ARMEL
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11
October 6, 2014 JAMES 13RAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — CARMEL CITY CENTER — SIDEWALK PLAZA
Dear Board Members:
A Consent to Encroach document, signed by Carmel City Center Senior Vice President Laurie Slier, is
submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of
Public Works during the April 2, 2014 BPW meeting.
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,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
S: \BPW 14 \CITYCENTERPEDCORENCROACH MENTDOCUM ENT.DOC
DI9'.-ARTMI NT or I2NGINIIIIINC,
ONIi Civic SQl'ARE. CARMEL. IN 46032 On :ice 317.57 42441 FAN 317.571.2439
I', ?IAII. engincrring i'cnrmeI.in.gur