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HomeMy WebLinkAbout14108 Ben Kingsley Lane - Ludeman/RochelleAD OD APPROVED GOD 2014049092 ENCRORCHME $28.00 10/30/2014 12:11:34P 8 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented ny-CCONSENT TO ENCROACH "P'"" A 1 1- THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Ms. Rochelle A. Ludeman, 14108 Bcn Kingsley Lane, Carmel, Hamilton County, Indiana 46033, (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 Lot 10 ( "Lot ") in The Meadows At The Legacy Section One which is located within the corporate limits of the City of Cannel, Indiana ( "Subdivision "), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 5, Slide Number 38 as Instrument #2013002735 in the Office of the Hamilton County Recorder on January 11, 2013, as The Meadows At The Legacy Section One (the "Plat "); and WHEREAS, the current Owner wishes to install a fence on the Lot (the "Site Improvement "); and WHEREAS, Owner has given the City a sketch ( "Sketch ") depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as a Drainage, Utility and Sewer Easement identified as "15' D.U. &S.E." on Exhibit B (the "Easement "); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment ") upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 October 15, 2014; 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; and WHEREAS, the location of the Site improvement as indicated by the Owner on Exhibit B should not materially interfere with the City's use of the Easement. 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 Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 4. Owner agrees that City shall have the right to remove any portion of the Site improvement as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, 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 Site Improvement, the Lot, or to Owner. 5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as provided in this instrument, regards the City's Easement 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 Easement. 6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate the original Plat, any subsequent amendments or restatements thereof, and /or any covenants and restrictions applicable to the Encroachment. 7. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and /or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and /or for any failure of proper disclosure pursuant to Paragraph 13 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and /or agents in, on, under, across or to the Easement. 8. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and /or operation of the Site Improvement. 9. 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. 10. The parties agree that the tenns of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 11. 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. 12. This Agreement shall be effective as of the date on which it is last executed by a party hereto. STATE OF INDIANA COUNTY OF ) )SS: Before me, a Notary Public in and for said County and State, personally appeared Rochelle A. Ludeman, 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 2(-74day of SepJenier , 20)?. v4Commission Expires: pr /ate c� 20 ? ©2P_ STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Y P _/25. U /fie -0.1 Printed Name My County of Residence: Anon Before me, a Notary Public in and for said County and State, personally appeared 42444ES- ,Breritra MARY ANN BURKE and LORI WATSON, by nie known, and by me known to be the anal& Atingon Members of the City of Cannel Board of Public Works and Safety, and DIANA LtkK Clerk - Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing ",Consent To Encroach" on behalf of the City of Cannel, Indiana. Witness my hand and Notarial Seal this 1C�ri1a of s Pa% ,€ . ( Y Y r� Er SF'• My Commission N� ires: NOTARY P BLIC . 44/4/ Printed Name • rlh' 4a My County of Residence: ,"',Iliu,'I'' 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 1 have taken reasonable c to redact each Social Security Number in this document, unless required by law. Orticeika 13. 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 Lot on and after the effective date of this Agreement. 14. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 15. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. "OWNER" Rochelle A. Ludeman Signature Date: Sandra M Johnson Deputy Lerk For "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: 46/ Pase.Sorl * James Brainard, Presiding Officer ary n Burke Member Date. Burke Lori Wa o1Z"Member Date: „ i t 51,4 ATTEST: Diana Cordray, IA CC,, CC erk- reasurer Date: /a EXHIBIT A LOT 10 IN THE MEADOWS AT THE LEGACY SECTION ONE RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 11, 2013 IN PLAT CABINET 5, SLIDE 38 AS INSTRUMENT #2013002735 0002/0004 Morgans tanley 00 00 EXHIBIT B BOUNDARY I4ECRACT,9QINT SURVEY OF: LOT 10, THE MEADOWS AT THE LEGACY, SECTION ONE CARMEL, HAMILTON COUNTY, INDIANA PROPERTY ADDRESS: 14108 BEN KINGSLEY DRIVE 2(Y LOT 2 0 20' SCALE: 5' a 2d LOI II 90'00'00'E — 135.00' 6TDRU ony0 CO LOT 22 8 8 2 (AV LOT 10 (Lemma 8XIME (EEO. 011!0110 '0 4.I ..R U}IWE2 sun tiE 0 °o P IR rO6sLED'e' ssI m CONCRETE 00(10 LOT 23 N90'00'00'W — 135.00 LOT U LEGAL DESCIIPSOH Lou 10 In me weapon. at ma Canoe, 5e[uan One. an par plat thecae,evamee m pmt 0,6na! 1. elms .W In Me Olna. 01 the Recorder of Mardi lu' County, Indiana. CURVEM'S 0(604601 [oedan[e rim Elk 065. Attic". 1.1. ppoler 12. 1,0161,. I In0Wp11 10 of the Indian, AdmedeLaliw Code ('04,1num .landord. la epee.el prncnce Ice to ee 4..14 ). the Iolawh 06.exn and .oNlon• o ,beeped rya,0mq the ,,lan unc0Halnr.e In Re maanm. lord .114 I m cone. established m Inn wmy 01 a reef, al. 0.) Weinman In the Reference I004me.060 b.) O1.cre pan[lea In Record Oe.olpllo,. and (101e m.l•lw,e. n LN al Ow0allcn end; d. Rtlollw Pwi110,01 Accuracy, 114 ROollra awlllm y (due to random ml) al the I the wbLat Lo enlobll,nea during this survey Is within, the .pecIll0allm• fro a 5,60,6 li 060vey (0.13 Imll140.4,) o. 0.6nM In LAC A011 GENERAL IN(LVNATRAI 1. Ae 4IUM eun'ey ea* hated upon IM1• peel al Ire LleMnre at (0, Legacy. Seclicn Ont. 2. Ma pate of beu:lnq. Io IM1b u1.py le I0o plot of IM Meadow. 01 4a Legoey. Section (Ma. 3. 'Capped ,eb,r 1.1' 0ennln a 5/6' alemnll red, rRb a penult cop mated 'ARE SlRm0100 fQU /0007'. '6000 naluon meaner tare found or anMe MAO lnfur loth union brae. n 1,0,06 -ME Sfmatra0 5811 pair. 51M1 en ,fled. eon m Ion suety were a[eepled at mholo In 11. 01164. of ea bOundocy 10. IM1I. w oy 62N01 a Ina olgln, 01 Ue found monuments sheen on We .urwy 0 e unknown unlace °therein noted. 11IE097 Cr LOCATION Centreline ,offend m men .oaf on IA• a coed tAu.a r m um o,0, oath In unlumle• boundary m[ou e, ware; d4¢I n. and 1 ,0,1w a shown m 16.00(0,0.0 plat e 9luuµr OF LNQRTAINNES 0e a ,..v, of the nhote ofbeelvoilkne, and me opolorn„ of In n. y of location, ll n NA , rimy 61,,1,0,. and belief that ma anemaln In In u. .ua.e of Me 11100 Cna ewe '.lab.lme0 m 6011 nrv.y arse are Wove; ME TO VARIANCES In Reference umumente Within law „a, of 'Suburbia,' nappy DUE TO 0450401PANn01 I. m. Raawd Le.apnm; None Apparent DUE TO INCOISSTENOES In Theo of O0000Illn; !Vann Apporml It Inc.. a.. 1a be weaned It shoed b. kept N mind ma anwnoxWn el comn bond o- ..I. 401E Tk sans `01 pM.O .IUnit w 6w6.41 of a current au. poOy at au. amt .111x, may pose 0000084 Fbmalfn, wanenle..I0. nal shown m to Oat. SIPVEmm'S CEAnncomm .l1 . II(et 6060• my o40 k oaelolge and belkr Rat me oboe nth me su,vnyare Noon repra..nu a wavy I further cattily to tb. b00 of my knowledge and bell.f mlo repo-1 .mmrma with one requbement. [mtnben In S4cUone 1 uh). g, l0 or 66s C 1.1 •12 for a rnbac•ent .Nosy. I[ Oro. nlnv. n.abna Reg. Data of Survey. Ame 3. 201 Client: Rochelle Iodeman 200( / No. \ LS 20000001)1 \ arm OE / 44 ,510 \” ARE SURVEYING CONSULTANTS, INC. 71 °I IIAVOl n RFD n rWZRpnl net PEW 129Snnhlih Avenue Beech Grow, lolls 16107 (3514 407. 0 Fm' 0171862-1747 w.w.un.w.ynRm PRORLT NO m.1 Ira 010 10 1e,mwe- 1 %m 1002 rNl* rvd. .,J1.uhmrvvm.a September 10, 2014 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JUnU 0 0 0 U JUI 0 ®a ONO wow= CITY 0 AIZVIEL e a JAMv s 13RAINANI). 'VLvYOIi RE: CONSENT TO ENCROACH -14108 BEN KINGSLEY LANE - ROCHELLE A. LUDEMAN Dear Board Members: A Consent to Encroach document, signed by property owner Rochelle A. Ludeman, is submitted to the Board for signatures. Board approval for the encroachment was granted by the Board of Public Works during the October 15, 2014 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 ENCRAOCH DOCUMENT S: \BPW 14 \14108B EN K I N GSLEYLAN E DOCU M E NT. DOC DEPARTMENT OF I_yGIyEFRISG ONr ON IC S)[ Aiu=, CAI. a. IN 46032 OFFICE 317.5712441 FAX 317.5712439 )✓�I: iI. englnceringecinncl.in.gov