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HomeMy WebLinkAbout5435 Grandiin Hall Circle-McClaine, Frederick/JamieCONSENT TO ENCROACH 2014051210 ENCROACHME $27.00 11/13/2014 02:18:55P 9 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented HIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Mr. Frederick W. and Mrs. Jamie A. McClaine, 5435 Grandin Hall Circle South, Cannel, 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 30 ( "Lot ") in The Grandin Hall Section 1 Subdivision, which is located within the corporate limits of the City of Carmel, 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 4, Slide 38 as Instrument #200600012666 in the Office of the Hamilton County Recorder on March 7, 2006, as Grandin Hall Section 1 (the "Plat "); and WHEREAS, the current Owner wishes to install landscaping & 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 "20' D.U. &S. E." & "10' 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 a 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 terns 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 terms 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. 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" Fredrick W. McClaine Signature Date: Jam e A. McClaine Signature / / 7 4:V/V Date: �, , "CITY" CITY OF CARrvIEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Janie Da rainar Pr siding Officer :stalk lire Ma An Cur embed Date: 'S Lori Watson, ember Date: Sandra M Jn' Deputy _- STATE OF INDIANA ��,��. )SS: COUNTY OF f �U ' ` ) ATTEST: M -Johnson k For /Diana Cordyay, IAMC, Clerk- Treasurer Date: WM/7 / Before me, a Notary Public in and for said County and State, personally appeared Frederick W. and Jamie A. McClaine, 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 ati day of _. e , 20 11. My Commission Expires: G( II'aa STATE OF INDIANA ) SS: COUNTY OF HAMILTON �:a�►si.:�'L . A4a► 9 s RY PUB I 60,4 (e., (I. %AWL", Printed Name mys_cu wt�nfdP eciden 'c. ." "" " SANDRA H. CURRAN 5, "• fie O- *toter)/ Public, Slate of Indiana ▪ •: "O1A "" c Marion County '▪ .SEAS, ` - Commission 4 654459 My Commission Expires 0 ", " June 11, 2022 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 OaDnotrN. known to be the Members of the City of Carmel Board of Public Works and Safety, an tiri o' 'axon , ibzi'.L - rOBftDi -Y', 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 day of o Ve My Conunr si n Expires: //V/7 �y-G7T/ •< NOTARY PUBLIC t> INDlAIb ` '• • Printed Name t tI" 2:4,1'4).-T: z- ' My County of' Resider '•yQE ���` This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, 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. EXHIBIT A LOT 304 IN THE GRANDIN HALL SECTION 1 SUBDIVISION, RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON MARCH 7, 2006 IN P.C. #4, SLIDE #3SAS INSTRUMENT #200600012666. Deco. W!I Fence Pool Equip. Natl. Step Stones Concrete Pool Terrace I CY-O' 20' D.4U.E. J © © ©s 0 O� OL -) on o 0 14x28' Pool f/ Landscape Plan C LE [Sl&4IOOO L_ �� La. Plan Job No. L.I. Rlanrs air v RESER V en In e..r n h M ,� Pm. n .,I ,.4 ,Thi =1A• p,,i0A,n,asnNnghu i `" ,il n -- MCCLAINE RESIDENCE 5435 GRAN D!N HALL CIR. CARMEL, IN 46033 .r,, NF ,, `0•, 659E �,,e' : " I w oo ea ;� E '.., /FU ern lW�� ;,,ccgplaRc`,rr ".ia BELLA VISTA GI7I2515fi.l Date: muw � ^� I ,�° i Drawn by: SGS ,,, ..,m,,.uhr B 1191HX3 lulu .goo UDUL 0 ®o p ®0 O ®u m;8;mi CITY O ARMEL October 21, 2014 ]_DIES BR AINARD, MA) OR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 5435 GRANDIN HALL CIRCLE SOUTH — LANDSCAPING & FENCE Dear Board Members: A Consent to Encroach document, signed by property owners, Frederick W. & Jamie A. McClaine, is submitted to the Board for signatures. Board approval for the encroachment is 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 ENCROACH DOCUMENT S: \BPW14 \5435GRANDINHALL CIRCLESENCROACHMENTDOCUMENT.DOC DIEMI: MI:Ni or FNaNrri<ivc ONE' CIVIC Sp1 Aiae, Cna'in.. IN 46032 Oi°iacr 317.571.24,11 F, vs 317.371 2439 li >r -�a cr,gn,t Ficarincl.iir uc