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Fidelity Office Building2017058840 ENCR $25.00 11/29/2017 04:30:16PM 12 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II I I II I I I I I I II I I II CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Fidelity Office Building II LP, 11590 Meridian Street North, Carmel, 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 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,three ground signs on the Real Estate (the "Encroachment") which will encroach into those segments of West 116`h Street and Illinois 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 Section 6-227(4) on ; 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 (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 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" Fidelity Office B ilding II LP Signature Date:J/ STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared -(1,5 —, by me known, and who acknowledged the execution of the foregoing-"CPNSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and. Notarial Seal this SO day My Commission Expires: ��"��11011j��i CASSANDREA M SUTNERIAND o.Phv P40 Notary Publlc, Stete of Indlena -=SEAL;"= Morgan County *t• •; Commisslon#6ai3883 i �•.• My Commission Expires July 16, 2021 20n. NOTARY PUBLIC / an5andr-e M `. C ) (� %l.-i�'1er) " Printed Name My County of Residence: "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: © � 6— J es Brainard, Presiding Officer ATTEST: Chris ' e S. Paule , 'k -Treasurer Date: 1I/ i.5z`If - STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES, 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 CHRISTINE S. PAULEY, 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 —1641) -ay of- �JoV9 rnJQQn , 20 «. NOTARY PUBLIC My Commission Expires: Printed Name �1 ENOtary IANNE WALTHALL My County of Residence: QVYZ I Seal POublic - State of Indiana Hamilton County ssion Expires Mar 1 6 2024 This instrument was prepared by Douglas C. Haney, Esquire, Corporation Counsel, 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 1 1 ' N EXIIISIT A Part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner or the said Northwest Quarter Section; thence North 89 degrees 11 minutes 58 seconds East (assumed bearing) along the North line of said Northwest Quarter Section 11733 feet to the Southeast corner of the Southeast Quarter of Section 34. Township 18 North, Ranto 3 East, thence North 88 degrees 30 minutes 17 seednds East along the said North line 684.011 feet to the BEGINNING POINT; thence South 00 degrees 13 minutes 58 'seconds East 459.44 feet; 'thence North 89 degrees 46 minutes 02 seconds East 334.09 feet; thence South 00 degrees 13 minutes 58 seconds East 73.53 feet; thenen North 89 degrees 46 minutes 02 seconds East 315.00 feet to a curve having a radius of $62.00 feet, the radius point of which bears South 78 degrees 38 minutes 08 seconds East; thence Northerly along said curve 217.12 feet to a point which bears North 56 degrees 30 minutes 00 seconds West from said radius point; thence North 33 degrees 30 minutes 00 seconds Last 115.02 feet to a curve having a radius of I23.00 feet, the radius point of which bears North 56 degrees 30 minutes 00 seconds West; thence Northerly along the sold curve 35.80 feet to a point which bears South 6S degrees 41 minutes 51 seconds East from said ndius point; thence North 88 degrees .30 minutes 17 seconds East, parallel with the said North line 13.23 fact to a curve having a radius of 235.00 feet, the radius point of which bears North 67 degrees 06 minutes 13 ttcoods West; thence Northerly along the said curve 94.87 feet to it point which bears North 89 degrees 46 minutes 02 seconds Fast from said radius point. thence North 00 degrees 13 minutes 58 seconds West 133,11 feet to the North line of the said Northwest Quarter Section; thence South 88 degrees 30 minutes 17 seconds West along the said North Uae 845.854 feet to the POINT OF BEGINNING. TRACT it Together with easement rights to a grant of perpetual non-exclusive easements executed by Robert V. Welch, dated September 21, 1979, recorded September 24, 1979 in Deed Record 315, page 471 as Instrument number 13193 dated June 25, 1980 and recorded June 25, 1980 in Deed Record 321, page 4 as Instrument number 10809 and amended by affidavit of amendment to grant or perpetual ooa-exclusive easements dated August 14, 1981 and recorded August 17, 1981 in Deed Record 327, page 530 as Instrument number I6229 is the Office of the Recorder of J.amatoa County, Indiana, over the following described real estate: Part of the Fast Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East in Hamilton County, Indiana, besot more particularly described as follows:. Beginning at a point on the North line of the East Half of the said Northwest Quarter Section North 88 degrees 30 minutes 17 seconds East 256.12 feet from the Northwest continued- 9200AX2- F r corner of the East Half of the said Northwest Quarler Section; thebcc North 88 I degrees 30 minutes 11 seconds East along the said North line a distance of 6002 i feet, thence South 00 degrees 13 minutes 58 seconds East a distance of 13334 fact to the POINT OF CURVATURE of a 23,33640 degrees curve to the right, the radius j point or said curve being South 89 degrees d6 minutes 02 seconds West a distance of 245 50 feet from Said point; thence Southerly along the said curve it distance of 144.53 feet to the POINT OF TANGENCY thereof; the radius point of said curve being North 56 degrees 30 minutes 00 seconds West a distance of 245.30 feet from said point, thence South 33 degrees 30 minutes 00 seconds West a distance of 13.80 feet to the POINT OF CURVATURE of a 8.74745 degree curve to the left, the i radius point or said curve being South 56 degrees 30 minutes 00 seconds East a distance or 6SS 00 feet from said point; thence Southerly along the sold curve a distance of 487,80 feet to the POINT OF TANGENCY thereof, the radius point of said curve being North 80 degrees 49 minutes 48 seconds East a distance of 655.00 feet from said point; thence South 09 degrees 10 minutes 12 seconds East a distance of 27061 feet; thence South 15 degrees 07 minutes 07 seconds Fast a distance of , 97.64 feet to a non tangent 58.45506 degree curve to the right, the radius point of said curve being South 42 degrees'21 minutes 51 seconds West a distance of 98.00 fat from said point; thence Southerly along the said curve a distance of 63.34 feet I to the POINT OF TANGENCY thereof; the radius point of said curve being North 87 degrees 44 minutes 40 seconds West a distance or 98.00 Am from said point; thence South '02 degrees IS minutes 20 seconds West a distance or 167,08 feet; thence South 88 degrees 30 minutes 17 seconds West a distance of 60.13 feet; thence North 02 degrees IS minutes 20 seconds East a distance of 171.019 feet to the POINT OF i CURVATURE or 1Sk?7837 degree curve to the left, the radius point of said curve t being North 87 degrees 44 minutes 40 seconds West a distance of 38.00 feet from said point; thence Northerly along the said curve a distance of 32.867 feet to the POINT OF REVERSE CURVATURE of a 92.41255 degree curve to the right, the radius point of said curve being North 42 degrees 42 minutes 02 seconds East a distance or 62.00 feet from said point; thence Northerly along said curve.& distance or 34,821 feet to the POINT OF TANGENCY thereof, the radius point of laid curve t being North 74 degrees SZ minutes 53 seconds East a distance of 62.00 feet from. said point; thence North 15 degrees 07 minutes 07 seconds West a distance or V 100.175 feet; thence North 09 degrees 10 minutes 12 seconds West a distance or 273.12 feet to the POiNT OF CURVATURE of a 8.01340 degree curve to the tight, the radius point of said curve being North 80 degrees 49 minutes 48 seconds East a distance of 715.00 feet from said point; thence Northerly along the said curve s distance of 532.48 feet to the POINT OF TANGENCY thereof, the radius point of t said curve being South 56 degrees 30 minutes 00 seconds East a distance of 715.00 feet from said point, thence North 33 degrees 30 minutes 00 seconds East a dtataneo i of 13.60 feet to the POINT OF CURVATURE of a 30,88721 degree curve to the left, t the radius point of said curve being North $6 .degrees 30 minutes 00 seconds West a distance of ISS -50 feet from said point; thence Northerly along said curve a distance ! of 10921 feet to the POINT OF TANGENCY thereof, the radius point of said curve being South 89 degrees 46 minutes 02 seconds West a distance of 185.50 feet from i said point, thence North 00 degrees 13 minutes 58 seconds West a distance of 132.02 i feet to the POINT OF BEGINNING. 99C)OZ22— in ,ti'errih �t:�d / 3 End of Schedule A Sturdti tr:r,r.:�tCr,F, j "1952 r ' ratr2Y;o-a I n November 7, 2017 L JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square :Carmel, IN 46032 Re: Consent to Encroach (Signs) within Right of Way of .W 116th St and Illinois St. Dear Board Members: A Consent to Encroach document signed by Michael Wells, authorized representative of the property with the common address 11590 Meridian Street North, 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 November 15, 2017 BPW meeting. The-Departdwnt:�of Engineehiig_., reyiewed and approved -the encroachment document. Upon approval and signature_ by -the' Board_ Membeis.-the document will be recorded with the Hamilton- County Recorder's Office. Sincerely, . Jeremy Kashman, PE City Engineer ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT JAMES BRmNARD, MAYOR November 7, 2017 -Board of Public Works and Safety One Civic Square .Carmel, IN 46032 Re: Request for Variance (Signs) within Right of Way of W 116th St and Illinois -St. Dear Board Members: Michael Wells, authorized representative of the property with the common address 11590 Meridian Street North, has requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of signs within the right of ways of W 11601 Street .and Illinois Street. Generally, the signs are proposed to be installed at the location indicated on the attached exhibit. is -not -thatith6dm- prpvement&,dtrthe proposed location will result in a Detriment (as' defined :.: --the Code) to.'the=` ubJect=Pro ert :or•the adjacent properties (provided :the petitioner adheres to --conditions--reconunended-below)r_ .he.. Engineering Department recommends that the Board approve the c ): '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. (we will record the agreement for you) 2. Petitioners (and successors, and assigns) agree to remedy any drainage issues resulting from the installation of the signs that, in the opinion of the City, represents a Detriment as defined in City Code. Respectfully, ;77 Jeremy Kashman, PE City Engineer m L 116TH STREET Y_ _ PROPOSED ' SIGN LOCATION #1 C = 779pi}. 5 � � � r � � L 'wrEXISTII\ i SIGN A '• r r 7 + I rPROPOSED' V .:.c �R' y a. ( SIGN LOCATION #2 ^,-M uj cc n��' I. ,F�—� � ." '�q3r. I'.'�: .r car �� � c• � �. RI J T t { PROPOSED �`' t` x } ' I : SIGN LOCATION #3 IMA SCALE: NTS FIDELITY PLAZA DRAWN BY: CAJ SIGN SIGN LOCATION EXHIBIT CHECKED BY: MRK LOCATION 116TH &. IL EL, IN LEGEND Schneider DATE: 10.24.17 JOB N0: 5941.007 m I i . o � Ln �\ N 100- 25.0.O.W. SIGHT VISION R.O.W. CLEARANCE 0) TRIANGLE 25.0' W PROPOSED N ` SIGN MEDIAN �0 0 z 5.17' O1, N 00 N O l!7 O i R.O.W. NOTE: PROPOSED SIGN LIES WITHIN THE EAST -WEST PUBLIC STREET R.O.W. 0 20' 40' SCALE: 1' = 20' SCALE: 1"=20' FIDELITY PLAZA DRAWN BY: CA1 SIGN SIGN LOCATION EXHIBIT CHECKED BY: MRK LOCATION 116TH & ILLINOIS STREET, CARMEL, IN #3 Schneider DATE: 10.26.17 10B NO: 5941.007 RAP I a 0 10' 20' SCALE: V= 10' SCALE: 1"=10' FIDELITY PLAZA DRAWN BY: CAJ SIGN SIGN LOCATION EXHIBIT CHECKED BY: MRK LOCATION116TH & ILLINOIS STREET, CARMEL, IN #2 Schneider DATE: 10.26.17 JOB NO: 5941.007 SIGHT VISION CLEARANCE TRIANGLE PROPOSED SIGN N . o® TING -FA -RE -RJ OPTIC LINE EXISTING STOP SIGN 116TH STREET 25.0' ��SDGE OF EXISTING IDEWALK — — RRIGATION SPRAYHEADS & ' MAINLINE p C l EXISTING SANITARY SEWER LINE EDGE OF, ASPHALT I PARKING UNDERGROUND /'POWER LINE 1 OPERTYhR.O.W. LIN 0 10' 20' SCALE: 1' = 10' SCALE: V=10' FIDELITY PLAZA DRAWN BY: CAJ SIGN SIGN LOCATION EXHIBIT CHECKED BY: MRK LOCATION 116TH & ILLINOIS STREET, CARMEL; IN #1 Schneider DATE: 10.24.17 JOB NO: 5941.007