HomeMy WebLinkAbout14117 Knightstow Way-Robert Schrader2015001228 ENCR $21.00
01/09/2015 01:06:03PM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
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CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Robert D. Schrader, 14117
Knightstown Way, 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 21 ( "Lot ") in The Meadows At The Legacy Section One 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 P.C. 115, Slide #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 heroin by this reference as Exhibit B- and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage Easement and Drainage,
Utility & Sewer Easement, identified as "15' D.E." and "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 Saharti }r 2.0 IS and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Robert D. Schrader, 14117
Knightstown Way, 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 ").
WITNESSETIC
WHEREAS, Owner owns in fee simple Lot 21 ( "Lot ") in The Meadows At The Legacy Section One 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 P.C. #5, Slide #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 Drainage Easement and Drainage,
Utility & Sewer Easement, identified as "15' D.E." and "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 Cannel Board of Public Works and Safety approved the Owner's request for a variance from Carmel
City Code Section 6- 227(4) on 3a►►kar. 10 1 S ; 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 13; 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 aclnowledges 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 othenvise
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 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 12 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
12. 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.
13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent
properties detennined by the City to be resulting from the Encroachment.
"OWNER"
Robert D. Schrader
QAdi '. —
Signature
Date: 12,01/20/9
STATE OF INDIANA )
'^�_^ t„ IU )SS:
COUNTY OF b r 11 I 1 )
Before me, a Notary Public in and for said County and State, personally appeared Robert D. Schrader, by me known, and
who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
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Witness my hand and Notarial Seal this day of �;J ((NW!' , 20 1�".
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Seal
Stott of Indiana, Morton County
My Commission &pints lanuory 5, 2017
NOTARY PUBLIC
Printed Name
My County of Residence: (140,011
"CITY"
CITY OF CARMEL, INDIANA.
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY ,
BY: ijrti (
.James Brainar
Pate.
aratifit
M ry • n • urke, Member
Date: 7- J(y
Presiding Officer
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Lori IVats
Date-
A fTILS I :
ember
1 / 7 frte
4,4Acokb. a Sandra M Johnson
Diana Cordray, IAM , Cle treasurer
Date: v
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Deputy Clerk For
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
�+r�rrA.JchnSon ,bzet9.0 h/
Safety, and DI7t#A -L. EOI+DRr1Y. Clark- 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 1441 day of _ (i M,10 VtA , 20 15.
NOTARY PUBLIC
My Commission Expires:
61//n/7 Printed Name /
My County of Residence: >�%i-/n//70/
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 460327'
I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document,
unless required by law. Douglas C. Haney, Esquire
EXHIBIT A
LOT 21 IN THE MEADOWS AT THE LEGACY SECTION ONE SUBDIVISION RECORDED IN THE OFFICE OF THE
HAMILTON COUNTY RECORDER ON JANUARY 11, 2013 IN P.C. 5, SLIDE #38 AS INSTRUMENT #2013002735.
,ARTY DESCRIPTION: Lot numbered 21 in THE MEADOWS AT THE LEGACY SECTION 1 the plat of which is recorded as Instrument No.
,002735 and C.O.C. # 2010008902 In the Office of the Recorder of Hamilton County, Indiana.
ADS
EXHIBIT B
36"
STORM WATER INLETS
STORM WATER INLET
FLOOD HAZARD STATEMENT: The accuracy of any flood hazard data shown on this report Is subject to map scalp uncertainty and to any other
uncertainty In location or elevation on the referenced flood Insurance rate map (FIRM). ALL of the within described land DOES NOT LIE within that special
flood hazard zone A as said land plots by scale on flood Insurance rate map # 16057CO235F for Hamilton County. Indiana (maps dated February 19,
2003).
TITLE COMPANY: RYLAND TITLE
I hereby certify to the parties named above that the real estate described herein was Inspected under
my supervision on the date Indicated and that, to the best of my knowledge and belief, this report
conforms with the requirements contained In sections 27 through 29 of 665 IAC 1 -12 for a surveyor
location report.
CERTIFICATION DATE: OCTOBER 10, 2013
SURVEYOR'S SIGNATURE:
PROPOSED LENDER: RYLAND MORTGAGE COMPANY
SURVEYOR LOCATION REPORT
Prepared For. R.H. OF INDIANA
Subdivision: THE MEADOWS AT THE LEGACY SECTION 1
Recording Info: INSTR. # 2013002735 and C.O.C. # 2013008902
County. HAMILTON Township: CLAY
Street Address: 14117 KNIGHTSTOWN WAY
Buyer /Owner. SCIWADER
Prepared By: EAS DATE: 10 -14 -13
SCALE: 1° = 30'
Job # Vb13.0107161
LOT 21
Lot Size: 9,855 SF
Sec /Twp /Rng: SEC 22 -T18N- RAE
R/W: 50'
xtsc,.Nn!t.Rk$ 'JK'nRP.S. 44.4W. :mte #de:4' Ytf>:• -ems. at -1.:- ,cweebr . xiir&}'-sfaa 0I ICa :Wei
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STORM WATER INLETS
STORM WATER INLET
FLOOD HAZARD STATEMENT: The accuracy of any flood hazard data shown on this report Is subject to map scalp uncertainty and to any other
uncertainty In location or elevation on the referenced flood Insurance rate map (FIRM). ALL of the within described land DOES NOT LIE within that special
flood hazard zone A as said land plots by scale on flood Insurance rate map # 16057CO235F for Hamilton County. Indiana (maps dated February 19,
2003).
TITLE COMPANY: RYLAND TITLE
I hereby certify to the parties named above that the real estate described herein was Inspected under
my supervision on the date Indicated and that, to the best of my knowledge and belief, this report
conforms with the requirements contained In sections 27 through 29 of 665 IAC 1 -12 for a surveyor
location report.
CERTIFICATION DATE: OCTOBER 10, 2013
SURVEYOR'S SIGNATURE:
PROPOSED LENDER: RYLAND MORTGAGE COMPANY
SURVEYOR LOCATION REPORT
Prepared For. R.H. OF INDIANA
Subdivision: THE MEADOWS AT THE LEGACY SECTION 1
Recording Info: INSTR. # 2013002735 and C.O.C. # 2013008902
County. HAMILTON Township: CLAY
Street Address: 14117 KNIGHTSTOWN WAY
Buyer /Owner. SCIWADER
Prepared By: EAS DATE: 10 -14 -13
SCALE: 1° = 30'
Job # Vb13.0107161
LOT 21
Lot Size: 9,855 SF
Sec /Twp /Rng: SEC 22 -T18N- RAE
R/W: 50'
xtsc,.Nn!t.Rk$ 'JK'nRP.S. 44.4W. :mte #de:4' Ytf>:• -ems. at -1.:- ,cweebr . xiir&}'-sfaa 0I ICa :Wei
December 19, 2014
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH —14117 KNIGHTSTOWN WAY — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document, signed by property owner Robert Dennis Schrader, is submitted to
the Board for signatures. Board approval for the encroachment was granted by the Board of Public
Works during the January 7, 2015 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— 14117 KNIGHTSTOWN WAY
S: \BPW 15 \14117KNIGHTSTO W N WAYENCROACH M ENTDOCUMENT.DOC
DEPARTMENT (DI, ENGINEERING
Ocu Civic SpuARI CARMEL, IN 46032 Orncr: 31757/2441 FAN 317.3712439
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