The Seasons of Carmela5(1)
a Wit
2014049091 ENCROACHME $27.00
10/30/2014 12:11:34P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
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CONSENT "roENCROACH
THIS CONSENT TO ENCROACI -I (hereinafter the "Agreement ") is entered into by and between
The Seasons of Carmel, LLC, 3755 East 82nd Street, Suite 300, Carmel, Hamilton County, Indiana 46240,
(individually and collectively. "Owner "), and the City of Carmel, Hamilton County, Indiana, by and
through its Board of Public Works and Safety ( "City ").
WITNESSETI -1:
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 permanent residential complex sign on the Real
Estate (the "Encroachment ") which will encroach into those segments of Westfield Boulevard (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 Carmel City Code Section 6- 227(4) on June 4, 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:
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
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(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 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
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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.
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 terms 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.
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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"
THE SEASONS OF CARMEL, LLC
Barrett & Stokely Seasons, LLC, its Manager
Rex M. arrett any-
Signature
Date: ?
c � 9'�S' t7`%
STATE OF INDIANA )
COUNTY OF 1'}1/44606 ) SS:
Before me, a Notary Public in and for said County and State, personally appeared Rex M. Barrett,
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as
his or her voluntary act and deed.
Witness my hand and Notarial Seal this day of __S/L_%.• 0
.rntesA- LYn 11-f
My Connu ssion Expires:
OF INDIANA )
) SS:
COUNTY OF HAMILTON ) ;9f ....
OF ;NOV
Before me, a Notary Public in and for said County and State, personally appeaijea111 s
B - , MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
-umbra m • -, p •
Members of the City of Carmel Board of Public Works and Safety, and • •,lerk-
NOTARY PUBLI
Printed Name
111111 Junto
My County of Residence: IMIL1 y p o4
S
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 It day of
NOTARY PUB IC
My Commission. Expires: (L - .%-4
#PeWy7 Printed Name
My County of Residence„
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This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One C+ulp S9 arg.- Carmel.
Indiana 46032.
'b)�IANA )
Voe
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. Douglas C. Haney Esquire
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EXHIBIT A
Legal Description
A part of the Northwest Quarter of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, located in Clay Township, Hamilton County,
Indiana, being a portion of the lands of Pittman Partners Inc., per Instrument
No. 2007 -20186 (this and all documents referred to herein are recorded in the
Office of the Recorder of Hamilton County, Indiana) as shown on a survey by
Schneider Corporation, recorded as Instrument No. 2010007044, being more
particularly described as follows:
Beginning at a stone marking the Southeast comer of said quarter - quarter
section and the Southeast corner of said Pittman Partners Inc property; thence
along the South line of said property, North 89 °30'24" West 1275.51 feet to the
East right -of -way line of Westfield Boulevard; thence along said East line the
following three (3) courses: 1) North 00 °09'06" East, 323.07 feet, 2) South
89 °31'11" East, 5.00 feet, 3) North 00 °09'06" East, 597.10 feet to the North line
of said Pittman Partners Inc. property; thence along the north lines of said
property the following five (5) courses; 1) South 89 °50'54" East, 305.00 feet, 2)
South 00 °09'06" West, 54.22 feet, 3) South 89 °47'07" East, 124:20 feet, 4)
South 00 °09'06" West, 221.91 feet, 5) South 89 °31'11" East, 843.52 feet to the
Northeast most corner of said property; thence South 00 °20'55" West, 646.66
feet to the Point of Beginning, containing 21.46 acres, more or less.
Record of Ownership
Deed Book Instrument Numbers: 2007020184, 2007020185, 2007036491
Date Recorded: 3/12/2007, 3/12/2007, 4/10/2007
Tax Parcel Numbers: 17- 14- 07- 03 -01- 017.000, 17- 14- 07- 03 -01- 017.001,
17- 14- 07- 03 -01- 005.000, 17- 14- 07- 03 -01- 016.000, 17- 14- 07- 03 -01- 007.000
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GARAGE FFE:786.50
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REFER TO I
PLANS BY
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October 6, 2014 JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — THE SEASONS OF CARMEL — COMPLEX SIGN
Dear Board Members:
A Consent To Encroach document, signed by Rex M. Barrett, Manager, The Seasons of Carmel, LLC, is
submitted to the Board for signatures. Board approval for the encroachment was granted by the Board
of Public Works during the June 4, 2014 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon
approval and signatures 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 —THE SEASONS OF CARMEL COMPLEX SIGN
S: \BPW 14 \SEASONSOFCARM ELCTEDOCU MENT. DOC
1412PAIEIM12411 r OF EAOIAISL'ItI:CG
OM r: Civic: S Aae. CAItyII?I.. IN 46032 OFFIcE 317.571.2441 FAX 317.571.2439
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