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HomeMy WebLinkAbout4411 Panthera Leo Drive-Johnson, Ty/Everly, JackCONSENT TO ENCROACH 2015001312 ENCR $23.00 01/09/2015 02:23:44PM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1IIIII1111111IIII11111111111 11111111111111I111111111111111111111111111 o� ; THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Jack Everly and Ty A. Johnson, 4411 Panthera Leo Drive, Westfield, Hamilton County, Indiana 46074, (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 32A ( "Lot ") in The Woods At Lions Creek Replat of Lots 15, 16, 24, 31 & 32, Blocks 15A, 16A, 21A, 22A, 23A, 24A, 25A, 26A, 27A, 28B, 31B & 32B, and Common Areas B, C & D 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. 4, Slide 782, Instrument #2012034199 in the Office of the Hamilton County Recorder on June 21, 2012, as The Woods At Lions Creek Replat of Lots 15, 16,24,31 & 32, Blocks 15A, 16A, 21 A, 22A, 23A, 24A, 25A, 26A, 27A, 28B, 31B & 32B, and Common Areas B, C & D (the "Plat "); and WHEREAS, the current Owner wishes to install a pergola 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 and Utility Easement, identified as "Drainage and Utility Easement" 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 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Jack Everly and Ty A. Johnson, 4411 Panthera Leo Drive, Westfield, Hamilton County, Indiana 46074, (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 32A ( "Lot ") in The Woods At Lions Creek Replat of Lots 15, 16, 24, 31 & 32, Blocks 15A, 16A, 21A, 22A, 23A, 24A, 25A, 26A, 27A, 23B, 31B & 32B, and Common Areas B, C & D 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. 4, Slide 782, Instrument #2012034199 in the Office of the Hamilton County Recorder on June 21, 2012, as The Woods At Lions Creek Replat of Lots 15, 16,24,31 & 32, Blocks 15A, 16A, 21A, 22A, 23A, 24A, 25A, 26A, 27A, 2313, 31 B & 32B, and Common Areas B, C & D (the "Plat "); and WHEREAS, the current Owner wishes to install a pergola 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 and Utility Easement, identified as "Drainage and Utility Easement" 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 ptce er 3 , oe ; and 4111Ir WHEREAS, Owner and City acknowledge the locate• . • E •.0 ment; 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 property interests are also located within the Easement. consent even if such 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 teens 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 determined by the City to be resulting from the Encroachment. "OWNER" TY A. JOHNSON Signature ) Date: //: s / "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: 6.4-r �afnes Brainard, Presiding Officer D: e: 3 —/ 5V iffafifl Mary Ann .t urke, / 7 fte eer J _ ? / ' Date: / i Lori Watso Date: ATTEST: member toyikD iana Cordra Date: 0-/3 Sandra M Johnson Deputy Clerk For STATE OF INDIANA ) ) SS: COUNTY OF Ham' 1 ) Kathryn 0 Lustig Notary Public Seal State of Indiana Hamilton County My Commission Expires 08/21/2016 Before me, a Notary Public in and for said County and State, personally appeared Jack Everly and Ty A. Johnson, 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 S± day of Nov ernb -a+ , 20144. My Commission Expires: blest zotb STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) NOTARY PU KCil,�yr� O Printed Name My County of Residence: I-10,-n. 1 +a 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 rctra. rn , 4)-e Members of the City of Cannel Board of Public Works and Safety, and ! . • °r A` er 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 My Commission Expires: il//7// NOTARY PlIBLIC 4i✓// Yis ---- Printed Name My County of Residence: /114/n/.419/1/ 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. c EXHIBIT A LOT 32A IN THE WOODS AT LIONS CREEK REPLAT OF LOTS 15, 16,24,31 & 32, BLOCKS 15A, 16A, 21A, 22A, 23A, 24A, 25A, 26A, 27A, 28B, 3IB & 32B, AND COMMON AREAS B, C & D RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JUNE 21, 2012 AS INSTRUMENT #2012034199 QgOaillM9g IMor [ Q65111G23 1u= aOI "BASE ROUSE STANDARD' FEATURES" 9' FULL BASEMENT 3 CAR SIDE ENTRY GARAGE (1t) 4'X4' WINDOW WELL "SELECTED FEATURES" 9' WALKOUT BASEMENT 2 CAR SIDE/ 2 CAR FRONT ENTRY GARAGE SUNROOM GUEST SUITE BAY WINDOW DECK LOT # 32A ±8,343 SF PAD 880:0 PER PLAN MFPG 873.6 PER PLAN 1 r/ TAI 30 r 64r1 (4- pspAr km) BLOCK 30A Dr SECT SYriH VA! IN7260.0 N. P.i&4M. vua -EMIG YR'• MIA LOCKf31A n6a iwaESSEOreae este 'Ail is TO,ltl, 11 PANTHERA LEO DRIVE VAR. RNV Aka= Tm+ aln 8 �o- ° ,m ie 146.47' 1 MO SECTION vri.mssr hb ID' ' 9 / 44;71' 46! � j/ , / ,o E,,: / j 2 ./ / X33,O8V E /PFlOrM�.ev -V / / n / / 5LQCK32B / cavc&Tnt. 23.45, EXHIBIT B 45.90. i2. 28.73' JUEJU El o o UL)UIf 0 0 n o ®0; 11 0 CITY OF \ ARMEL JAMES IBRAINARD, MAPOR November 20, 2014 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 4411 PANTHERA LEO DRIVE, WESTFIELD, INDIANA 46074 Dear Board Members: A Consent to Encroach document, signed by property owners Jack Everly and Ty A. Johnson is submitted to the Board for signatures. Board approval of a variance for the encroachment was granted by the Board of Public Works during the December 3, 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: \BPW 14 \4411PANTH ERALEODRIVEENCROACH M ENTDOCU M ENT. DOC ONE CAW. , iN 46032 OP19CB 317.571.2441 FAN 317.5712439 FyL4u. rngi' cring�r:vnxiin.gor