Loading...
12828 West Road - Shaver, David/Connie2015017889 ENCR $31.00 04/17/2015 08:00:03AM 11 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111111111111111111111111111111111111111111111111111111111111111111 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between David E. Shaver & Connie Jo Shaver, 12828 West Road, Zionsville, Hamilton County, Indiana 46077, (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, operate, and maintain a traffic control device and ancillary equipment, including, but not limited to, a changeable message sign that displays to approaching drivers the speed at which they are traveling, solar power panel, buried electrical conduit and conductors, controller, vehicle speed sensor, mounting hardware, and a breakaway post for mounting on the Real Estate (the "Encroachment "), which is depicted in a product specification sheet attached hereto and incorporated herein by reference as Exhibit B, which will encroach into those segments of West 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 C (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 A-; % tS , 20 1 S ; 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 C. 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 Encroachment from what is depicted on Exhibit C, 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 the Encroachment such that all portions of the Encroachment are at least 5 -feet above the elevation of the adjacent edge of roadway pavement. 11. Owner agrees to maintain the Encroachment in good working order and shall immediately update the equipment as necessary based on any changes or updates to the Indiana MUTCD or as directed by the City. 12. Owner agrees to make any changes to the display board message that are in the interest of public safety as directed by the City. 13. Owner agrees to allow the City to make any changes to the display board that are in the interest of public safety. 14. If the Encroachment includes a lockable cabinet or housing, Owner agrees to provide two (2) keys to each such lock to the City. 15. Owner agrees to provide notice to the City prior to taking the Encroachment out of service for maintenance or other purposes and at such time as the Owner no longer desires to operate and maintain the Encroachment. 16. 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. 17. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time. 18. 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. 19. 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. 20. 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 Encroachment and (ii) for any failure of proper disclosure pursuant to Paragraph 24 hereof. 21. 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. 22. 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. 23. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 24. 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" DAVID E. SHAVE ignature Date: CONNIE JO SHAVER Signature Date: .,,ztiza/i1/4&2} STATE OF INDIANA COUNTY OF ) SS: Before me, a Notary Public in and for said County and State, personally appeared DAVID E. SHAVER and CONNIE JO SHAVER, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. I 'Ck t 1 '�1,� Witness my hand and Notarial Seal this day of U My Commission Expires: 1.n rl 201 NOTARYPUBLIC Loa or---dt Printed Name My County of Residence: 'QrviI !�� "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: James ainard, Presiding Officer Date: Mary Ann B rke1 ember Date: Lori Watson, :fiber - 1 '5 / 1 Date: ik ATTEST: -a(PD Sandra M Johnson Deputy Clerk For Tana Cordray, IAMC, Cl: - Treasurer Date: 41-15-15 STATE OF INDIANA ) SS: COUNTY OF HAMILTON 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 1 day of i21 , 20 t. My Commission Expires: ,‘ a ',n�tuv PUBLIC �v1y ame ty of Residence: . This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 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 EXHIBIT A PARCEL NO. 1709- 30- 00 -00- 027.000 A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 3 EAST IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA ALL TRAFFIC SOLUTIONS EXHIBIT B Product Specification Shield Radar Speed Display SPEEDsentry Shield 12, 12s and 15 Dimensions i L O 0 0 0 0 0 0 x SPEEDsentry Shield 12, 12s and 15 Mounting Bracket I 3.920 —r'- 2.450 6.000 .250 2.750 1 U 4. 25 carriage bolt slot provides leveling capability All Traffic Solutions (814) 237 -9005 ©2012 All Traffic Solutions. Property of All Traffic Solutions. .250 .485 slots for 7 TO banding to pole 1.000 1.375 1 1 1.750 rG 1/2 ", 3 typ carriage bolt mounting holes t 1 \ 07/16 ", 4 typ U-bolt mounting holes 2.500 1.000 11.875 2.876 r- www.alltrafficsolutions.com Dim Sh12 Sh15 X 15.5 24 Y 13.5 17 Z 3.12 3.12 B 26.3 24.3 D 5.75 8 E 12 15 L 15.5 24 H 13.5 8 3100 Research Drive, State College, PA 16801 Specifications subject to change without notice. 5/14/12 0 0 0 0 EXHIBIT G S 0t° SS'0o N/ N o-r To SC.ALF 4. WEST RoP 154.90' 128 28 WEST ROAD 'IONSVILLE, LrJ utu o 0 o WEJu�. ®tea 000, CITY 0 ARMEL April 8, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —12828 WEST ROAD — RADAR SPEED SIGN IN RIGHT OF WAY OF WEST ROAD Dear Board Members: A Consent to Encroach document, signed by property owners Mr. & Mrs. David & Connie Shaver, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the April 15, 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:\ BPW15 \12828WESTROADENCROACHMENT.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering@carmel.in.gov .,11t11±1 0 0 0 LIJ j< o ©t o, mm CITY OF -ARMEL 11 April 8, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (IMPROVEMENTS IN THE RIGHT OF WAY) —12828 WEST ROAD Dear Board Members: Mr. & Mrs. David & Connie Shaver have requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for the installation of a radar speed sign within the Right -of -Way for West Road. The sign will be installed at the location generally indicated on the attached exhibit. It is not expected that the improvement will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties or a hazard to the motoring public. The Department recommends that the Board approve the variance conditioned upon the following: 1. Petitioner enters into a Consent -to- Encroach Agreement with the City and records the Agreement. 2. Petitioner (and successors and assigns) agrees to remedy (including removal of the improvement and /or relocating the improvements from the installed location) any issues that, in the opinion of the City, are resulting in a Detriment as defined in City Code. 3. Petitioner shall install sign on a breakaway sign post to protect motoring public in the event of a crash. 4. Petitioner agrees to install sign at least 5 feet above the elevation of the adjacent edge of roadway pavement. Sincerely, Jeremy Kashman, P.E. City Engineer S:\ BPW15\ 12828WESTROADSPEEDSIGNVARIANCE .DOC DEPARTMENT OF ENGINEERING ONE CIvIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carnmel.in.gov oo ° is E EXHIBIT C S4 .fit' gptbAR 3YX`S 1 bN S Ot° 58'o0 N OT TO SCALE 4. WEST RoAt 154.10' 3 ,00 00 ,0b N R /U/ 6.S' 12$ 28 W EST R oAD IONSV1LLE, =-N