Old Meridian Street-Horizon BankCONSENT TO ENCROACH
2015001316 ENCR $23.00
01/09/2015 02:24:11PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
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CONSENT TO ENCROACH (hereinafter the °Agreement') =ism entered into by and between
Horizon Bank NA, 941 North Meridian Street, Cannel, Hamilton 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 in fee simple certain real estate which is located within the corporate
limits.of the City oft-Cannel, 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 planter, concrete platform and hand railing on
the Real Estate (the "Encroachment") which will encroach into those segments of Old Meridian Street
(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 Scction 6- 227(4) on r an,a ry 1 , Zo'S ; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WI- IEREAS, 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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CONSENT TO ENCROACH
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CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Horizon Bank NA, 941 North Meridian Street, Cannel, Hamilton County, Indiana 46204, (individually
and collectively, "Owner "), and the City of Cannel, 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 planter, concrete platform and hand railing on
the Real Estate (the "Encroachment ") which will encroach into those segments of Old Meridian Street
(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 zt ry 1 , Zo'S : and
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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
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 terns 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"
James J. Jaksa
Pres'ien <acilities and Services
aturW
te: 2- - - tel 14-• BY:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Avg
J,eCdres Brainard, Presiding Officer
ate: i T 17 %5
Ma4ry • • Curke, Member
Date:
Lori Watson .y' tuber
Date: 177/in
ATTEST: Sa) ILUYv '""
Sandra M Johnson
Deputy Clerk For DiamCordray, IAMB, jerk- Treasurer
Date:
4
STATE OF INDIANA )
) SS:
COUNTY OF 1-If o(i-T e )
Before me, a Notary Public in and for said County and State, personally appeared James J. Jaksa,
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 5 day of Y L-3 ,-20 /
My Commission Expires:
2021
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STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
NOTARY :IC
iLGiftyy En. %!49,7
Printed Name L
My County of Residence: L/iw2 z
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
SoattvrbAdnno, ftav
Members of the City of Cannel 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 -TM day of .-
My Comm issio i Expires:
This instrument was prepared by Douglas C
Indiana 46032.
NOTARY PUBL
44/41 0iv/ S
Printed Name
My County of Residence: Me2n2/, 7o,J.. -= -
Haney, Esquire, City Attorney, One Civic Square, Carmel,
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
INSTRUMENT #2011066991 - 0.665 ACRES & INSTRUMENT #2013044473 - 0.317 ACRES
BLOCK 1, CARMEL SCIENCE & TECHNOLOGY PARK (LOT 1 SHEPHERD INSURANCE GROUP
PARK) AS RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON
OCTOBER 19, 1995 IN PLAT CABINET I, SLIDE 607, PLAT BOOK 13, PAGES 72 -73
INSTRUMENT #9556927
6
•
EXHIBIT B
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STAIR(3) 67t.RSERS.) --- /'
NOTE:
HIGHEST ELEVATION AT
STREET 856.68
FIN FL. ELEVATION 858.86
DIFFERENCE 2.18' (26-)
MIN. REQUIRED 15'
/D.S. q7
RIM: 856.29'
TAIR (2).EQUAL
RISER/@ S/�
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STAIR (1) RISER
!STAIR
9116" EA.
PROPOSED (2) STORY BANK
7,332 S.F TOTAL
3.686 S.F. FOOTPRINT
FIN. FL. = 858.86'
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CITY 0 ARMEL
December 29, 2014 JAMIs BRAINARD, N'Lvolt
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — HORIZON BANK — IMPROVEMENTS WITHIN RIGHT OF WAY
Dear Board Members:
A Consent to Encroach document, signed by Mr. James Jaksa, Vice President Facilities and Services,
Horizon Bank, is submitted to the Board for signatures. Board approval for the encroachment is granted
by the Board of Public Works during the January 7, 2015 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 15\ HORIZONBANKENCROACHMENTDOCUMENT .DOC
1)EEAIcI Il Xr OF ENGINEERING
ONE CIVIC SQt VI E:. C\R ■Eil.. IN 46032 OvI'IcE 317.571.2441 FAx 317.571.2439
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