Main Street - The Pint Room - Carmel Lofts LLCCONSENT TO ENCROACH AGREEMENT
2015030610 ENCR $58.00
06/22/2015 02:14:50PM 24 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111 I IN 1111111111IIIII 1011111111111111
THIS CONSENT TO ENCROACH AGREEMENT (hereinafter the "Agreement") is entered into by and between Carmel
Lofts LLC, 47 S Pennsylvania Street, 10th Floor, Indianapolis, Marion County, Indiana 46204, ( "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 fence and patio adjacent to the Real Estate (the "Encroachment") which
will encroach into property owned by City as well as those segments of 1st Avenue NW (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 May 6, 2015; 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. 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.
1 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, upon forty eight (48 ) hours prior written notice to Owner, 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 consult the Owner in an effort to reduce any damages caused thereby. So long as City complies with the
terms and obligations set forth in this Paragraph 4, 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. Not withstanding the
above, in the case of a bona fide emergency, the City shall be required to provide only such advance notice to Owner as
is reasonable under the circumstances.
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 notconstitute 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 construct the Encroachment in accordance to the architectural and engineering drawings approved by
the City which are attached and incorporated herein as Exhibit C. In the event the Encroachment is not constructed,
initially installed. or at any time thereafter fails to meet specificiations set forth and/or referenced in Exhibit C, or the
Encroachment requires reinstallment, replacement or repair, the Owner agrees to fully cure the defect within ten (10)
days from notice thereof at Owner's sole expense.
14. Owner agrees to abide by all City ordinances, resoultions, and laws, including, but not limited to, Carmel City Zoning
Code§25.07.
15. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder andto 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.
16. 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, attomey fees and costs arising
from any bodily injury, death or property damage to the extent caused by Owner 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 18 hereof.
17. 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.
18. 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
19. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
20. 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 PONDER
Carmel LDJts LC
esentalive
Signatu
Date:
STATE OF INDIANA )
�/� ) SS:
COUNTY OF alar art ISYS )
Before me, a Notary Public in and for said County and State, personally appeared DAVID PONADER, an authorized
representative of Carmel Lofts LLC, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his or her voluntary act and deed. 1✓
Witness my hand and Notarial Seal this 1 0 day of
My Commission Expires:
-ao-t�
County of Residence: ' Y so n (7"-11
20 Cr
NOTARY PUBLIC
Ze.1,c11/4rcCb k-13 ib u r
Printed Name
4g
,o""t E,""EO'E., KENDRA D. WILBURN
o Notary Public, State of Indiana
*itlORkY..*S Marion County
SEA. Commission n 624814
'y, 'o • s;f: My Commission Expires
March 20, 2019
My
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Jamfl$rainard, Presiding 0
Date
Mary An Burke, Member
Date:
Lori Watson, M
Date:
ATTEST:
lana Cordray, IA
Date:
STATE OF INDIANA
, C Y Treasurer
) SS:
COUNTY OF HAMILTON
Sandra 11 ]ohnsor
Deputy Clerk For
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN
BURKE and LORI WATSON, by meown, and by me known to be the Members of the City of Carmel Board of Public Works and
Safety, and DIANA -L -.-C, eiefk- reasu r 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 4 day of Z0!
1 S. C
My Commission Expires:
1740//7
NOTARY PUBLIC
Cecrvn k S
Printed Name ((L ^
My County of Residence: 1 NCL
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
LEGAL DESCRIPTION
The land referred to in this Pdky, situated In the County of Hamilton, State of Indiana, Is described as follows:
TRACT 1:
Lot Ave (5) In Simeon Havddns' Addition to Bethlehem, now the City of Carmel, Indiana, except a strip fourteen and
thee -quarters (14 3/4) feet off the East side thereof, all In Hamilton County, Indiana.
Also, a ship of land being 4 fed In width by parallel lines Ming North of and adjacent to Lot *5 in Simeon Hawkin?
Addition to Bethlehem (now Cannel), an addition In Harnikon County, Indiana, as per plat thereof, retarded In Deed
Record 30, page 441, in the Office of the Recorder of Hamilton County, Indiana, and berg part of the first alley North of
Main Shed, more particularly described as follows:
Beginning at the Northwest Corner of said Lal #5, said point being on the South Ane of the first alley North of Main
Street; thence East on and along said South Ane to a point 14.75 feet We of the Northeast Comer of said Lot #5;
thence North 4 feet thence West parallel with said South Ione to the East line of the fist alley West of First Avenue,
kW.; thence South on and along satd East line to the Place of Beg nr ng.
ALSO, Lot Mang Bght (8) to Simeon FawldrW Addition to the Town of Cannel, Hamilton County, itdiana, as per plat
thereof reowded In Deed Record 30, page 441, to the Office of the Reooider of Hamilton County, Indiana
Except Begked ng at the Southeast Corner of said Lot #8; thence North on and along the East line thereof 66.0 feet to
the North line of said Lot #8; thence West on and along saki North line 123.25 feet thence South 66.0 feet to a point on
the South line of said lot,123.10 feet West of the Place of Beghming; thence east, on and along said South one 123.10
feet to the Place of Beginning.
And Except Part of Lot #8 In Simeon Hawldns' Addition to Bedhiehsi (now Carmel), an addition In HarNaOn County,
Indiana, as per plat thereof, recorded in Deed Record 30, page 441, In the Office of the Recorder of Hamilton County,
Indiana, more particalarty dwelled as fellows: Beginning at the Southwest Corner of said Lot 98; thence East on and
along the South One of said lot a distance of 41.90 feet thence North 4 feet thence West parallel with said South line to
the West One of said Lot #6; thence South on and along said West pyre 4 feet to the Place of Beginning.
AISO, the West Half of Lot Nine (9) in Simeon itawvidns' Addition to the Toxin of Bethlehem, now City of Cartmel, as per
plat thereof recorded in Feed Record 30, page 441, in the Office of the Recorder of Hamilton County, Indiana.
ALSO, lot Fourteen (14) and one-fowtn (1/4) of the East Half of mat Nine (9) In the Northeast Comer thereof in Simeon
Hawkins' Addition to the Town of Cannel, Hamilton County, Indiana.
ALSO, Lots 6 and 7 and the East Hat of Lot 9, except 1/4 of time East Half In the Northeast Corner In Hawkins' Addition to
the Town of Bethlehem, now City o5 Cannel, as recorded In Deed Record 30, page 441, in the Office of the Recorder of
Hamilton County. Indiana.
TRACT 2:
Part of lot 4 in Simeon Hawkins Addition to the Town of Bethlehem, now Carmel, Indiana, described as follows
Beginning at the Southeast corner of said Lot 4; thence North 8 rods thence West 2 1/2 rods thence South 8 rods,
thence East 21/2 rods to the pace of beginning In Hamilton County, Indiana.
ALSO, begin 21/2 rods West of the Southeast owner of Lot 4; run thence West 20 feet North 132 feet East 20 feet;
South 132 feet to the place of beginning.
ALSO, part of Lots 4 and 5 hi Simeon Hawkins Addition to the Town of Bethlehem, now Carmel, Indiana, described as
follows:
Beginning
ifthence �Soouuthw13322 ffeeet tto�the of beginning of
I Hamilton County, Ie diana. thence North 132 few thence East
TRACT 3:
Pmt of Lot #8 In Simeon Hawldns Addition to BeiMehen (now Cannel), an addition In Hamilton County Indiana, as per
plat thereof recorded in Deed Record 30, page 441, In the office of the Recorder of Hamilton County, Indiana, more
particularly described as follows:
Beginning at the Southeast corner of said Lot #8; thence North (Ninth 00 degrees 00 minutes 00 seconds West measured
assumed bearing) on and along the East fine thereof 66.0 feat to the North line of said Lot S8; thence West (South 89
degrees 08 minutes 53 seconds West, measured) on and along said North One 123.25 feet nonce South (South 00
degrees 07 minutes 49 seconds East measured) 66.0 feet to a pont on South line of said Lot 123.10 feet West (South 89
degrees 08 minutes 53 seconds West measured) of the place of beginning; thence East (North 89 degrees 08 minutes 53
seconds East, measured) on and along South One 123.10 feet to the piece of beginning, D(CEPiING therefrom the East
15 feet conveyed to the Qty of Cannel by Grant of Right of Way recorded in Instrument No. 9909935513.
TRACT 4:
Lot numbered 13 in Simeon Hawkins, an addition to the City of Carmel, in Hwnllton County, Indiana, as per plat thereof
recorded in Deed Record 30, page 411. In the office of the Recorder of Hamilton County, Indiana, EXCEPTING therefrom
the East 15 feet conveyed to the City of Cannel by Giant of Right of Way recorded in Instrument No. 9909935513.
TRACE 5:
Part of Simeon Hawldns, an addition to the City of Carmel, In Hamilton County, Indiana, as per plat thereof recorded In
Deed Record 30, page 411 more particularly described as follows:
The East-West alley, 10 feet in width, going from the East dght-of-way line of 2nd Avenue NW to the West right-of-way
line of 1st Avenue NW, said Alley being adjacent to Lots 4, 5, 6, 7, 8, and 9 in said Simeon Hawldns Addition.
ALSO the North-South AIley,10 feet In width going from the North right-of-way line of Main Street to the South right-of-
way lure of 1st Street NW, said Ailey being adjacent to Lots 5, 6, 8, 9, 13 and 14 In said Simeon Hawkins Addition.
ALSO Begt ring at the Southwest comer of Loot 8 In sad Subdivision; thence East on the South One of said Lot 8 a
distance of 41.90 fed thence North parallel to the West Ione of sad Lot 8 a distance of 4.00 feet; thence West parallel to
the South One of said Lot 8 a distance of 41.9 feet to the West One of said Lot 8; thence South on said West line to the
place of beginning.
TRACTS 1 THROUGH 5 BEING MORE PARTICULARLY DESCRIBED IN SURVEY PREPARED BY CROSSROAD ENGINEERS,
P.C, AS FOLLOWS:
Being part of Simeon Hawkins, an addition to the City of Carmel, In Hamilton County, Indiana as per plat therefore
recorded in Deed Record 30, Page 441 In the Office of the Recorder of Hamilton County, Indiana more particularly
desaIbed as follows:
BEGINNING at the Southeast Comer of Lot 4 in said Subdivision; Thence South 90 degrees 00 minutes 00 seconds West
(assumed bearing) along the South lirhes of Lot 4, Lot 5, an alley, Lot 6, and Lot 7 a distance of 340.00 feet to the
Southwest Cone of said Lot 7; Thence North 00 degrees 46 minutes 45 seconds East along the West fines of said Lot 7,
an alley, Lot 9 and Lot 14 a distance of: 27531 fent to the Northwest corner of said Lot 14; Thence South 89 degrees 50
minutes 51 seconds East along the North Ones of said Lot 14, an alley, and Lot 13 a distance of 325.00 feet to the
Northwest Cone of Instrument Number 1999-35513; Thence South 00 degrees 46 minutes 53 seconds West along the
West line of said irstrrenent a distance of 137.22 fed to the Centerline of an alley Thence South 89 degrees 55 minutes
26 seconds East along said Centerline of an alley a dktence of 15.00 fed to the East Line of said Subdivision; Thence
South 00 degrees 46 minutes 53 seconds West along the East lines of an alley and aforesaid Lot 4 a distance of 137.20
feet to the PLACE OF BEGINNING.
EXHIBIT B
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ARCHITECT:
ROTTMANN COLLIER
ARCHITECTS, INC.
CONTACT.
ROD COLLIER
47 SOUTH PENNSYLVANIA STREET
NINTH FLOOR. SUITE 910
INDIANAPOLIS INDIANA 46204
T 317.1212224
f 2114391100
OWNER:
THE PINT ROOM
CONTACT:
KEITH MORELAND
4415 NEST DUFUN GRANVILLE RD
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ARCHITECTS
March 17, 2015
City of Carmel
One Civic Square
Carmel, IN 46032
To Whom it May Concern:
This letter is to serve as a formal request for The City of Carmel to review and approve
the installation of an outdoor dining patio, and for the infill of one (1) off-street parallel
parking space in front of The Pint Room at the corner of W. Main Street and 1st Street at
Sophia Square (address Is 110 W. Main St.)
The Pint Room restaurant recognizes the importance of outdoor dining In the downtown
Carmel area, in order to stay competitive with neighboring restaurants in the area. This
dining patio will increase business and revenue for much of the year. Currently, there is
not enough area to install a dining patio without modifications to the existing sidewalk
and curbs. The Sophia Square building has two (2) floors of internal parking garage that
is free and open to the public, as well as on -street parking around the building. We feel
that this provides more than enough parking for the entire development and
surrounding businesses. The infill of one (1) parking space will not have adverse affects
on the downtown area and building tenants.
The sidewalk area is managed by Sophia Square, LLC however it is City of Carmel
property. The landlord suggested using the front sidewalk/patio area for dining and he
has no concerns about its location or usage. The landlord has agreed to pay for this site
construction if necessary.
In addition to infilling one (1) parking space, we plan to add decorative railings with ADA
gates to provide a secure dining area as required by code if alcohol is being served.
There is no new site lighting, signage, or landscaping associated with this project.
Included with this letter Is the ADLS Amendment application, supporting documents,
specifications, and construction drawings. If you have any questions, please call me at
317-721-2724.
Rod Collier, AIA
Architect
METHOD OF DELIVERY
Hand Deliver Pick Up Courier Express
Mail Fax Email
47 SOUTH PENNSYLVANIA STREET, SUITE 910 INDIANAPOLIS, INDIANA 46204
T 317.721.2724 F 317.635.1100 ROTTMANNCOLLIER.COM
LEGAL DESCRIPTION
The land referred to in lids Polley, situated In the County of Hamilton, State of Indiana, Is described as follows:
TRACT 1:
Lot Five (5) In Simeon Hawkins' Addition to Betldehem, now the City of Carmel, Indiana, accept a strip fourteen and
three-quarters (14 3/4) feet off the East sole thereof, all in Hamilton County, Indiana.
Also, a strip of land being 4 feet in width by parallel lines lying Nath of and adjacent to Lot #5 in Simeon Hawkins'
Addition to Bethlehem (now Cannel), an addition in Hamilton County, Indiana, as per plat thereof, recorded In Deed
Record 30, page 441, in the Office of the Recorder of HamIRon County, Indiana, and being part of the first alley North of
Main Street, more particularly described as follows:
Begfming at the Northwest Comer of said Lot #5, said point being on the South line of the first alley North of Main
Sheet thence East on and along said South line to a point 14.75 feet West of the Northeast Conner of said Lot #5;
thence North 4 feet thence West parallel with said South line to the East Ane of the first alley West of First Avenue,
14.W.; thence South on and along said East line to the Place of Beginning.
A150, Lot Number tight (8) in Simeon Hawkins' Addition to the Town of Cannel, Hamilton County, Indiana, as per plat
thereof recorded In Deed Record 30, page 441, in the Office of the Recorder of Hamilton County, Indiana.
Except Begirmlng at the Southeast Comer of said Lot #8; thence North on and along the East line thereof 66.0 feet to
the North line of said Lot #8; thence West on and along saki North line 12325 feet; thence South 66.0 feet to a point on
the South fine of said lot, 123.10 feet West of the Place of Beginning; thence east, on and along said South line 123.10
feet to the Place of Beginning.
And Except Part of lot #8 in Simeon Hawkins` Addition to Bethlehem (now Carmel), an addition in Hamilton County,
Indiana, as per plat thereof, recorded in Deed Record 30, page 441, in the Office of the Recorder of Hamilton County,
Indiana, more particulady described as follows: Beginning at the Southwest Comer of said Lot #8; thence East on and
along the South line of said lot a distance of 41.90 feet; thence North 4 feet thence West parallel with sold South line to
the West line of said Lot #8; thence South on and along said West line 4 feet to the Place of Beginning.
*ISO, the West Haff of Lot Nine (9) in Simeon Hawkins' Addition to the Town of Bethlehem, now City of Carmel, as per
plat thereof recorded in Deed Record 30, page 441, in the Office of the Recorder of Hamilton County, Indiana.
A150, Lot Fourteen (14) and one-fourth (1/4) of the East Half of Lot Nine (9) in the Northeast Comer thereof in Simeon
Hawkins' Addition to the Town of Cannel, Hamilton County, Indiana.
A1.50, Lots 6 and 7 and the East Half of Lot 9, except 1/4 of the East Half in the Northeast Corner in Hawkins' Addition to
the Town of Bethlehem, now Qty of Carmel, as recorded In Deed Record 30, page 441, in the Office of the Recorder of
Hamilton County. Indiana.
TRACT 2:
Part of Lot 4 In Simeon Hawkins Addition to the Town of Bethlehem, now Carmel, Indiana, described as follows:
Beginning at the Southeast corner of sald Lot 4; thence North 8 rods, thence West 2 1/2 rods; thence South 8 rods,
thence East 21/2 rods to the place of beginning In Hamilton County, Indiana.
,4L.50, begin 21/2 rods West of the Southeast corner of Lot 4; nn thence West 20 feet North 132 fed; East 20 feet;
South 132 feet to the place of beginning.
ALSO, part of Lots 4 and 5 In Simeon Hawidns Addition to the Town of Bethlehem, now Cannel, Indiana, described as
follows:
Beginning 61 �'A feet West of the Southeast comer of Lot 4; run thence West 36 feet; thence North 132 feet thence East
36 feet thence South 132 feet to the place of beginning in Hamilton County, Indiana.
TRACT 3:
Part of Lot #8 In Simeon Hawkins Addition to Bethlehem (now Carmen, an addition in Hamilton County Indiana, as per
plat thereof recorded in Deed Record 30, page 441, In the office of the Recorder of Hamilton County, Indiana, more
partkulaify described as follows:
Beginning at the Southeast comet of said Lot #8; thence North (North 00 degrees 00 minutes 00 seconds West measured
assumed bearl g) on and along the East One thereof 66.0 feet to the North line of said Lot #8; thence West (South 89
degrees 08 minutes 53 seconds West, measured) on and along said North One 123.25 feet; thence South (South 00
degrees 07 minutes 49 seconds East, wasted) 66.0 feet to a point on South line of said Lot 123.10 feet WS (South 89
degrees 08 minutes 53 seconds West, measured) of the place of beginning; thence East (North 89 degrees 08 minutes 53
seconds East, measured) on and along South line 123.10 fed to the place of beginning, EXCEPTING therefrom the East
15 feet conveyed to the City of Cannel by Grant of Right of Way recorded in Instrument No. 9909935513.
TRACT 4:
Lot numbered 13 to Simon Hawkins, an addittion to the City of Carmel, In Hampton County, Indiana, as per plat thereof
recorded in Deed Record 30, page 411 In the office of the Recorder of Hamilton County, Indiana, EXCEPTING therefrom
the East 15 feet conveyed to the Oty of Cannel by Grant of Right of Way recorded in Instrument No. 9909935513.
TRACT 5:
Part of Simeon HawIdns, an addition to the Qty of Carmel, In Hamilton County, Indiana, as per plat thereof recorded In
Deed Record 30, page 411 more particularly dusated as folknvs:
The East-West alley, 10 feet In width, going from the East right-of-way line of 2nd Avenue NW to the West right-of-way
line of 1st Avenue NW, said Alley being adjacent to Lots 4, 5, 6, 7, 8, and 9 in said Simeon Hawkins Addition.
ALSO the North-South Alley, 10 feet in width going from the North right-of-way line of Main Street to the South right-of-
way line of 1st Street NW, said Alley being adjacent to Lots 5, 6, 8, 9, 13 and 14 in said Smeon Hawkins Addition.
ALSO Beginning at the Southwest comer of Lot 8 in said Subdivision; thence East on the South line of saki Lot 8 a
distance of 41.90 fed thence North parallel to the West line of said Lot 8 a distance of 4.00 fed; thence West parallel to
the South Ane of saki Lot 8 a distance of 41.9 feet to the West Ise of said Lot 8; thence South on said West line to the
place of beginning.
TRACTS 1 THROUGH 5 BEING MORE PARTICULARLY DESCRIBED IN SURVEY PREPARED BY CROSSROAD ENGINEERS,
P.C, AS FOLLOWS:
Being part of Simeon Hawkins, an addition to the City of Carmel, in Hamilton County, Indiana as per pint therefore
recorded in Deed Record 30, Page 441 In the Office of the Recorder of Hamilton County, Indiana more particularly
described as follows:
BEGINNING at the Southeast Comer of Lot 4 in said Subdivision; Thence South 90 degrees 00 minutes 00 seconds West
(assumed bearing) along the South Tines of Lot 4, Lot 5, an alley, Lot 6, and Lot 7 a distance of 340.00 feet to the
Southwest Caner of said Lot 7; Thence North 00 degrees 46 minutes 45 seconds East along the West Innes of said Lot 7,
an alley, Lot 9 and Lot 14 a distance of: 27531 fed to the Northwest cane of said Lot 14; Thence South 89 degrees 50
minutes 51 seconds East along the Nath lines of saki Lot 14, an alley, and Lot 13 a distance of 325.00 feet to the
Northwest Caner of Irnstrumed Number 1999-35513; Thence South 00 degrees 46 minutes 53 seconds West along the
West line of said Instrument a Mance of 137.22 feet to the Cenbeline of an alley Thence South 89 degrees 55 minutes
26 seconds East along said Centerline of an alley a distance of 15.00 feet to the East lire of said Subdivision; Thence
South 00 degrees 46 minutes 53 seconds West along the East Tunes of an alley and aforesaid Lot 4 a distance of 13720
feet to the PLACE OF BEGINNING.
13679832
18
ROTTRIRtIII COLLIER
ARCHITECTS
March 17, 2015
Project Name: THE PINT ROOM PATIO
Project Number: 14143
PRODUCT SPECIFICATIONS
DINING TABLES
Commercial -grade
Heavy steel construction
Black powder coat finish
Two piece construction
Sizes: 2 -person &
4 -person rectangular
tables
DINING CHAIRS
High strength tubular steel
Black powder coat finish
Heavy duty mesh seat and back
Stackable
47 SOUTH PENNSYLVANIA STREET, SUITE 910 INDIANAPOLIS, INDIANA 46204
T 317.721.2724 F 317.635.1100 ROTTMANNCOLLIER.COM
ROTTmtallfl I COLLIER PAGE2
DECORATIVE FENCING AND GATE~
Commercial -grade
Heavy steel construction
Black powder coat finish
- Resistant to chipping, scratching, corrosion and UV rays
Height to match existing adjacent tube railings (approx. 42")
Gate: ADA accessible with compliant latch
2"x2" posts bolted to concrete
47 SOUTH PENNSYLVANIA STREET, SUITE 910 INDIANAPOLIS, INDIANA 46204
T 317.721.2724 F 317.635.1100 ROTTMANNCOLLIER.COM
ROTTMFIr1111
COLLIER
ARCHITECTS
March 17, 2015
Project Name: THE PINT ROOM PATIO
Project Number: 14143
EXISTING CONDITIONS
47 SOUTH PENNSYLVANIA STREET, SUITE 910 INDIANAPOLIS. INDIANA 46204
T317J212724 F317G35.11OO ROTTMANNCOLLIER.COM
fEl
ROTT��RM1 1 COLLIER
ARCHITECTS
47 SOUTH PENNSYLVANIA STREET, SUITE 910 INDIANAPOLIS, INDIANA 46204
T 317.721.2724 F 317.635.1100 ROTTMANNCOLLIER.COM
April 9, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
RE: THE PINT ROOM PATIO AT SOPHIA SQUARE — PROPERTY MAINTENANCE CODE VARIANCE
Dear Board Members:
Mr. Rod Collier, AIA, Project Architect for Rottmann-Collier Architects, is requesting a variance from the
Carmel City Code for improvements within the City right-of-way associated with the Pint Room at Sophia
Square.
An outdoor dining patio is proposed within the right-of-way at the northwest corner of West Main
Street and 1" Avenue N.W. The project will vacate one vehicle parking space (exhibit attached) within
the right of way and replaced with a concrete sidewalk extension, including curbing and decorative
metal fence. Sidewalk closure will be required during the construction period. Outdoor seating and
tables will be installed on the existing sidewalk along the east side of the Pint Room restaurant.
Section 6-227(a)(4)(c) of the Carmel City Code states the following : "Excepting those improvements
allowed by other codes or ordinances or allowed by a permit from the Board of Public Works and Safety
pursuant to Carmel City Code §8-67, no construction or other materials utilized to improve or maintain
the premises or temporary or permanent improvements, shall be installed, placed or stored: "Within
platted or dedicated right-of-way that will not be maintained by the City." As such, proper variance is
required,
The Department of Engineering has reviewed the plan and the proposed improvements do not affect
the use of the right-of-way. Adequate width for pedestrian'movements along 19 Avenue N.W. and West
Main Street will remain between the proposed improvements and the proposed dining area. Two floors
of internal parking garage space within Sophia Square as well as amble on -street parking is considered
to be sufficient for the removal of the one parking space scheduled to be vacated.
The Department recommends that the Board approve the variance conditioned upon the following:
• The owners of the proposed improvement entering into a Consent -to -Encroach Agreement with
the City unless there is another contractual agreement proposed or in place that assigns
responsibility for maintenance, upkeep, replacement, removal and repair of damage of the
proposed improvements and assignment of liability associated with the private improvements
being within the City right-of-way.
• If requested by the City, the owner of the improvements shall salvage any items owned by the
City and scheduled for demolition and deliver such salvaged materials to the location specified
by the City.
DEPARTMENT OF ENGINEERING
ONE Cn9c SQUARE, CAIcrIEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
E LVI. engineering@cannel.in.go;'
Page 2 of 2
PINT ROOM PATIO ADDITION
April 9, 2015
• The owner and contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-
227(a)(8) and 6-227(b).
• Any damage to the existing improvements within the right-of-way shall be restored to the
satisfaction of the City when the work is complete.
• During the construction period a sign measuring at least 18"x12" shall be posted on both sides
of the sidewalk stating "SIDEWALK CLOSED".
• The petitioner agrees to only use signage of a type and at a location that does not materially
interfere with the use of the right-of-way by the general public.
• The petitioner agrees to remove any items associated with the outdoor dining area determined
by the City to impair the safe and efficient use of the right-of-way.
• Traffic on West Main Street and 1" Avenue N.W. shall be maintained in both directions at all
times.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
S:\BPW 15\MISC\PI NTROOMPATIOADDITION.DOC