854 Rangeline Road_Nash Building2016016402 ENCR $29.00
04/13/2016 11:40:44AM 10 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I II I II I I I III I I II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by acid between CCC Dash, L:I_C, One
Pedcor Square, 770 3rd Avenue Southwest, Carntel, 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 iii fee simple certain real estate which is located within the corporate limits of the City of Carmel,
Indiana and is more particularly described is Exhibit A (the ``Real Estate"), attached hereto and incorporated herein by this reference;
and
WHEREAS, the current Owner wishes to install an awning on the Real Estate (the ` Encroachmetif') which will encroach into
those segments of Rangeline Road South (rhe `Right of Way") which are contiguous to the Real Estate and which are. identified oil the
drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing"), in the manner and locations shown on the
Drawing; and
WHERE -AS, 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 4 r, _ ; and
'H'
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
(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 harniless City, its officers, officials, members, employees, invitees, 'licensees and
agents,, (i) Horn and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising
fi,om 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 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.
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'`
LA UNE SILER, Senior Vice Preshlent
C -CC Nash, LLC
A�
Signattife $
Date:
STATE OF ]INDIANA
SS:
coumry OF
Before me, a Notary Public in and for said County and State, personally appeared LAURIE SILER, Senior Vice President,
CCC Nash, LLC, by me known, and who aclinowledged the execution of the foregoing "CONSENTITTO ENCROACTI", as his or her
voluntary act and deed.
Witness any. hand and Notarial Seat this day of a r �A ----------- 20
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NOTARY PUBLIC
My Commission Expires,
2— 2S Printed Name
My County of Residence:
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"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH I i S BOARD OF
PUBLIC WORKS AND SAFE'l-'Y
BY:
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STATE OIC INDIANA
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COUNTY OF 14AN41LTON
-Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN
BURKE and LORI WATSON, by me knovni, and by me known to be the Members of the City of Carmel Board of Public Works and
Safety, and CHRISTINE S. PAULEY, Clerk -Treasurer of T14E CITY OF CARMIEL, who acknowledged the execution of the
foregoing "Consent To Encroach" on behalflof the City of Carmel, Indiana.
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M*Iry Public - state of 1041sna
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
Witness my hand and Notarial Seat this
clay of
--------------- ----- - -- - -
--------------------- - -- - -
NOTARY PUBLIC
My Commission Expires:
Printed Name
My Countv of Residence.
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M*Iry Public - state of 1041sna
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 OF REAL ESTATE
Tract 1
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North,
Range 3 East; thence South 00 degrees 13 minutes 54 seconds East (Basis of Bearings assumed from the
Quitclaim Deed granted to Carmel City Center, LLC ("CCC tract") (recorded as Instrument Number
200600060668 in the Office of the Recorder of Hamilton County, Indiana) 821.000 feet along the East
Line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West 72.00 feet to the
western right-of-way line of Range Line Road and the eastern line of said CCC tract, being the Point of
Beginning of this description; thence South 00 degrees 13 minutes 54 seconds East 271.80 feet along said
western right-of-way line and said eastern line to the southeastern corner thereof, being the northeastern
corner of the 0.501 -acre tract granted to the Carmel Redevelopment Commission ("CRC tract") (recorded
as Instrument Number 200600064025 in said Recorder's Office); thence South 89 degrees 12 minutes 13
seconds West 154.88 feet along the common line of said CCC and CRC tracts; thence North 00 degrees
00 minutes 00 seconds East 273.95 feet; thence South 90 degrees 00 minutes 00 seconds East 153.76 feet
to the Point of Beginning, containing 0.967 acres, more or less.
Tract 2 (right-of-way to be vacated)
That portion of the following described real estate that abuts Tract 1:
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North,
Range 3 East; thence South 00 degrees 13 minutes 54 seconds East (Basis of Bearings assumed from the
Quitclaim Deed granted to Carmel City Center, LLC ("CCC tract") recorded as Instrument Number
200600060668 in the Office of the Recorder of Hamilton County, Indiana) 714.91 feet along the East
Line of said Northeast Quarter to the easterly projection of the southern line of the 2,575.7 -square foot
parcel of land granted to the City of Carmel Redevelopment Commission ("Ramp tract") (recorded as
Instrument Numbers 2011064473 and 2011064474 in said Recorder's Office); thence South 89 degrees
59 minutes 31 seconds West 59.00 feet along said easterly projection to a point lying 13.00 feet
(measured easterly in a perpendicular direction) from the western right-of-way line of Range Line Road,
being the Point of Beginning of this description; thence South 00 degrees 13 minutes 54 seconds East
377.70 feet parallel with said western right-of-way line to the easterly projection of the northern line of
the 0.501 -acre tract granted to the Carmel Redevelopment Commission ("CRC tract") (recorded as
Instrument Number 200600064025 in said Recorder's Office); thence South 89 degrees 12 minutes 13
seconds West 13.00 feet along said easterly projection to the northeastern corner thereof, being the
southeastern corner of said CCC tract at the western right-of-way line of Range Line Road; thence North
00 degrees 13 minutes 54 seconds West 377.88 feet along said western right-of-way line and the eastern
line of said CCC tract to the southern line of said Ramp tract; thence North 89 degrees 59 minutes 31
seconds East 13.00 feet along said southern line to the Point of Beginning, containing 0.113 acres, more
or less.
Tract 3
Easement for access drive over and across the following real estate:
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North,
Range 3 East; thence South 00 degrees 13 minutes 54 seconds East (Basis of Bearings assumed from the
Quitclaim Deed granted to Carmel City Center, LLC ("CCC tract") recorded as Instrument Number
200600060668 in the Office of the Recorder of Hamilton County, Indiana) 1091.80 feet along the East
Line of said Northeast Quarter to the easterly projection of the northern line of the 0.501 -acre tract
granted to the Carmel Redevelopment Commission ("CRC tract") (recorded as Instrument Number
200600064025 in said Recorder's Office) and the southern line of the 0.967 -acre tract of land granted to
CCC Nash, LLC ("Nash tract") (recorded as Instrument Number 2012080283 in said Recorder's Office);
thence South 89 degrees 12 minutes 13 seconds West 84.06 feet along said easterly projection and said
common line to the Point of Beginning of this description, said point being the point of curvature of a
non -tangent curve concave to the northwest, said point lying South 71 degrees 00 minutes 23 seconds
East 42.64 feet from the radius point thereof, thence southerly, southwesterly and westerly 52.85 feet
along said curve to its point of tangency, said point lying South 00 degrees 00 minutes 00 seconds East
42.64 feet from said radius point; thence North 90 degrees 00 minutes 00 seconds West 40.44 feet;
thence North 00 degrees 00 minutes 00 seconds West 2.51 feet to the point of curvature of a non -tangent
curve concave to the southeast, said point lying North 00 degrees 00 minutes 00 seconds West 9.46 feet
from the radius point thereof, thence westerly, southwesterly and southerly 14.88 feet along said curve to
its point of tangency, said point lying North 90 degrees 00 minutes 00 seconds West 9.46 feet from said
radius point; thence South 00 degrees 00 minutes 00 seconds East 4.03 feet to the point of curvature of a
curve concave to the northeast, said point lying North 90 degrees 00 minutes 00 seconds West 14.50 feet
from the radius point thereof; thence southerly, southeasterly and easterly 22.98 feet along said curve to a
point lying South 00 degrees 47 minutes 47 seconds East 14.50 feet from said radius point; thence South
00 degrees 47 minutes 47 seconds East 2.63 feet perpendicular to the southern line of said CRC tract to a
point thereon; thence South 89 degrees 12 minutes 13 seconds West 65.86 feet along said southern line;
thence North 00 degrees 47 minutes 47 seconds West 3.11 feet perpendicular to said southern line to the
point of curvature of a non -tangent curve concave to the northwest, said point lying South 00 degrees 47
minutes 47 seconds Eat 14.50 feet from the radius point thereof, thence easterly, northeasterly and
northerly 22.58 feet along said curve to its point of tangency, said point lying South 90 degrees 00
minutes 00 seconds East 14.50 feet from said radius point; thence North 00 degrees 00 minutes 00
seconds West 38.78 feet to the northern line of said CRC tract and the southern line of said Nash tract;
thence North 89 degrees 12 minutes 13 seconds East 127.09 feet along said common line to the Point of
Beginning, containing 0.103 acres more or less.
H I E31 "T'"
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March 28, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE.- CONSENT TO ENCROACH -854 RANGELINE ROAD, NASH BUILDING — A INNING IN RIGHT OF WAY
Dear Board Members:
A Consent to Encroach document signed by Laurie Slier, Senior Vice President of CCC Nash, LLC, property
owner of the Nash Building at 854 Rangeline Road S, is submitted to the Board for signatures. A
variance for the encroachment is also submitted to the Board of Public Works for approval during the
April 6, 2016 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: CONST NTTO ENCROACH DOCUMENT
S:\BPW16\854RANGELINERDNASHBUILDINGENCROACHMENT.DOC
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March 22, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
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RE. REQUEST FOR VARIANCE (AWNING IN RIGHT OF WAY) — 854 RANGELINE ROADS, NASH BUILDING,
cARma INDIANA 46032
Dear Board Members:
CCC Nash, LLC, owner of the property with a common address of 854 Rangeline Road S, known as the
Nash Building, has requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the
installation of an awning in the Right of Way of Rangeline Road S.
It is not expected that the installation of the awning at the proposed location will result in a Detriment
(as defined in City Code) to the subject property or the adjacent properties (provided the petitioners
adhere to the conditions recommended below). The Department recommends that the Board approve
the variance conditioned upon the following (as discussed with the petitioners):
1. Petitioners enter into a Consent -to -Encroach Agreement with the City and record the
Agreement.
2. Petitioners (and successors and assigns) agree to remedy any drainage issues resulting frorn the
installation of the awning that, in the opinion of the City, represent a Detriment as defined in
City Code.
3. Petitioners shall ensure that awning is ADA compliant and allows flow of pedestrians utilizing
sidewalk.
4. Petitioners shall obtain all necessary permits and approvals from the Engineering Department
and Department of Community Services for installation of the awning.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S,\BPW16\854RANGEUNEROADNASH13LDGREQUESTFORVARIANCEAWNING.DOC
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THE NASH RESIDENCES AWNING
Architecture! Project Management 8S4 SOUTH RANGE LINE ROAD
355 City Center Drive CARMEL, IN 46032 S P I
Cannel, indiona 46032 SUPPLEMENTAL DRAWING
317.70$.7979 (voice) 2/22/16
317,705.7900 (tax)