CCC Market, LLC2018011204 ENCR $25.00
03/20/2018 01:56:45PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I II II I I I I I I I I II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between CCC Market, LLC, 770 P
Ave SW, 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 a canopy over an existing patio with posts on the Real Estate (the
"Encroachment") which will encroach into those segments of the unnamed fire road accessing Fire Station 41 (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"
CCC arket, L C
v2�. VI .i1/10
Signature /
Date: I I3 I
STATE OF INDIANA )
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared �,..�a0�� , 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 3� day of , 20A.
NOTARY P I
My Commission Expires:
Printed Name
My County of Residence:
}+oraar�: SHERI J. ER
Hamilton County
m
aex My Commission Expires
October 17, 2023
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: G�
Jam(/Brainard, PresidingOf ce
Date: ;Z/-�/1
Date:
Lori Waton M er
Date: oZ �a r /1
ATTE',
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 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/`i -day of�L , 20
NOTARY PUBLIC
My Commission es'
DIANNE WALTHALL f
Soil'
Notary kills - Stat" In0lsns. Printed Name II^- -^
Hlm tomgounty:; My County of Residence: `1�/Iq.�L l
My Commission Falpires Mir 16,,2024
This instrument was prepared by Douglas C. Haney, Esquire, Corporation Counsel, One Civic Square, Cannel, 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
Parcel (fee)
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Northeast Comer of the Northeast Quarter of said Section 36, Township 18 North, Range 3
East; thence South 00 degrees 00 minutes 00 seconds East (basis of bearing is a Quitclaim Deed recorded in
Deed Record 360, page 883 in the Office of the Recorder of Hamilton County, Indiana)1412.00 feet along the
East Line of said Northeast Quarter (all of the following calls are parallel with or perpendicular to said East Line);_
thence South 90 degrees 00 minutes 00 seconds West 51.18 feet to the POINT OF BEGINNING of this
description; thence South 00 degrees 00 minutes 00 seconds East 152.32 feet; thence South 90 degrees 00
minutes 00 seconds West 304.38 feet; thence North 00 degrees 00 minutes 00 seconds West 76.80 feet; thence
North 90 degrees 00 minutes 00 seconds East 152.47 feet; thence North 00 degrees 00 minutes 00 seconds West
75.53 feet; thence North 90 degrees 00 minutes 00 seconds East 151.91 feet to the POINT OF BEGINNING.
EXCEPTING from the parcel described above that land conveyed to The City of Carmel Redevelopment
Commission by Limited Warranty Deed recorded June 9, 2010 as Instrument No. 2010025538, in the Office of
the Recorder of Hamilton County, Indiana, and further described as follows: 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 Comer of the Northeast Quarter of
said Section 36, Township 18 North, Range 3 East; thence South 00 degrees 13 minutes 54 seconds East
(assumed bearing) 1412.00 feet along the East Line of said Northeast Quarter to the easterly extension of the
northern line of the 0.249 -acre tract of land granted to the City of Carmel, Indiana ("City tract') (recorded as
Instrument Number 200200025738 in the Office of the Recorder of Hamilton County, Indiana); thence South 89
degrees 46 minutes 06 seconds West 51.18 feet along said extension and said northern line to a northwestern
comer of said City tract and the northeastern comer of the 0.800 -acre tract of land granted to BJS, LLC (Grantor)
(recorded as Instrument Number 200200025739 in said Recorder's Office), being the. Point of Beginning of this
description (the following two courses are along the common boundary of said Grantor and said City tract); (1)
thence South 00 degrees 13 minutes 54 seconds East 152.32 feet; (2) thence South 89 degrees 46 minutes 06
seconds West 15.84 feet to the southerly extension of the eastern face of a brick building existing on September
17, 2009 (the following Thirteen (13jicifii&69 and along the southerly and northerly extensions of'and the actual
face of said buildin ); (1)the ce N . 00 degreqs 20 minutes 41 seconds West 35.68 fee 2 thence North 89
degrees 39 minutes 19 seconds East 4.00 fpei; �3) thence North 00 degrees 20 minutes 41 seconds West 31.00
feet; (4) thence North .89•degrees-39'rninutes 19 seconds East 4.00 feet; (5) thence North 00 degrees 20 minutes
41 seconds West 10.20 feet; (6) thence North 89 degrees 39 minutes 19 seconds East 1.80 feet; (7) thence North
00 degrees 20 minutes 41 seconds West 13.70 feet (8) thence South 89 degrees 39 minutes 19 seconds West
1.80 feet; (9) thence North 00 degrees 20 minutes 41 seconds West 10.10 feet; (10) thence South 89 degrees 39
minutes 19 seconds West 4.00 feet; (11) thence North 00 degrees 20 minutes 41 seconds West 30.95 feet; (12)
thence South 89 degrees 39 minutes 19 seconds West 4.00 feet; (13) thence North 00 degrees 20 minutes 41
seconds West 20.69 feet to the northern line of said Grantor, thence North 89 degrees 46 minutes 06 seconds
East 16.14 feet along said northern line to the Point of Beginning.
Easement Parcel
Those non-exclusive easements for parking, ingress and egress, landscaping, and storage and use, as set forth in
Easement Agreement recorded April 4, 2002 as Instrument No. 200200024741, as amended by amendments
recorded as Instrument Nos. 200400005237, 2007058836, 2014038937, and by a certain amended and restated
declaration recorded as Instrument No. 2014038939; and those non-exclusive easements for parking, ingress and
egress, landscaping, and storage and use, as set forth in Easement Agreement recorded April 4, 2002 as
Instrument No. 200200024742, as amended by amendments recorded as Instrument Nos. 200400005238,
2007058837, 2014038938, and by a certain amended and restated declaration recorded as Instrument No.
2014038939, all in the Office of the Recorder of Hamilton County, Indiana.
And those non-exclusive easements for access, parking, utility and drainage as set forth in Amended and
Restated Declaration of Covenants and Easements recorded September 3, 2014 as Instrument No. 2014038939,
in the Office of the Recorder of Hamilton County, Indiana.
C
February 2, 2018
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
,JAMES BiwNARD, MAYOR
Re: Consent to Encroach (Canopy with posts) at 918 S. Rangeline Road.
Dear Board Members:
A Consent to Encroach document signed by CCC Market, LLC, owner of the property with the common
address 918 S. Rangeline Road, 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 February 21, 2018 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,
Z10; e�� �
shman, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
A
V6bruary2;201,8*
Board of Public Works and Safety
one iCiVia, sailate
Carmel, IN 46032
JAMES BWNARD, MAYOR
Re: 'Requesffbr Variance ,(Canopy with posts) at 918 Si Rangeline Road.
Dear Boar'dMembefs'
CCC Market - LLC, owner of theproperty y With the common address 918 :S. :'Range -line Road .has
..requested a variance from_CarmelCity (a)(4) for the installdtion.6f-sUPP04,Posts,for
a canopy within `the nght of way of the ito..Tb accessing the posts
are proposed to he installed at thb,16catioh indicated. on the attached exhibit,
It is riot expected '.that the improvements .. ,at'the.pr6po 'Sod location Twill result in a. Detriment. (As defined .by
Cit Code),to to the subjec(properf
'y property :or the adjacent properties (provided the.petitioner adheres to the
.conditions recommended: below): The Engineering Department recommends 'that the Board:aPprbve the
variance c6fiditi6iied upon the f6flowing (as discussed with -the petitioners):
1-6 Petitioners enter - into a Consent -to -Encroach Agreement with the
&y 044 . record the
Agfeenient. (WO, Will record the agreement for voa)
2. Petitioners and successors and assigns) agree to -remedy any drainage is - sues resulting ,from .,
the
installation. of-theposts Ah't "n'the- 0 of the Cit
opinion n y, represents a, Detriment. as defined -in City
Code.
.
Respectfully,
Jeremy PE
m
Kashano. - I.— � -
City Engine . ei
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