The URL can be used to link to this page

Home My WebLink About5111 Chestnut Circle-McCarroll, John/JanCONSENT TO ENCROACH 2015001314 ENCR $23.00 01/09/2015 02:23:57PM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented IIIIIIIIIIIIIIII�IIIVIIVIIVIIIVIIIVIIIVIIIIIII 'IIIIIIIII'I a Et THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Mr. John R. McCarroll and Mrs. Jan McCarroll, 5111 Chestnut Circle, 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 Briarwood 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 Book #5, Page #73 as Instrument #6375 in the Office of the Hamilton County Recorder on July 25, 1974, as Briarwood (the "Plat "); and WHEREAS, the current Owner wishes to install a 12" storm pipe 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 an Utility Easement identified as "10' Util. Esmt. ", 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 Cannel City Code Section 6- 227(4) on N r r� 11114; and r),;20CS 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 Mr. John R. McCarroll and Mrs. Jan McCarroll, 51 1 1 Chestnut Circle, 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 Briarwood Subdivision 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 Book #5, Page #73 as instrument #6375 in the Office of the Hamilton County Recorder on July 25, 1974, as Briarwood (the "Plat "); and WHEREAS, the current Owner wishes to install a 12" stone pipe 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 an Utility Easement identified as "10' Util. Esmt. ", 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 , 14; 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 Encroaclnnent 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 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" John R. McCarroll Q- M P*'O Si( n tore Date: "\3 \�`{ Jan McCarroll Signature Date: Sandra M Johnson Deputy Clerk For "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: games Brainard, Presiding Officer Date: M y An Date: Burke, Member _ , S — 7 Lori Wa[sor ember Date: V 1/. ATTEST: Diana Cordray, IAM , C prk- Treasurer Date: l 15 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared John R. McCarroll and Jan McCarroll, 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 i day of Nn Je m be. 2019 . My Commission Ex NOTARY PUBLIC ELLEN M. RICE Marion County Printed Name 1.: My Coumisslon Ems '.:t;Q:,a•'� April 15, 2017 asaiiiscSaat My County of Residence: STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before nie, 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 Sutra Sdnrecc., Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRA- 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 t day of , 20 My Commission Expires: NOTARY PUBLIC [, 4.r/A/ Printed Name "� My County of Residence: ,47nh�-TD/v 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 21 IN THE BRIARWOOD SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JULY 25, 1974 IN BOOK #5, PAGE #73 AS INSTRUMENT #6375 EXHIBIT B GENERAL NOTES: ' CONSTRUCTION LOVA. WAwplem(Snlw Co •• <.OrvpEIOnS IVS.LPPSnNwrvrPEP3.Vwr B, €fl •c[pvnnl � ``�/� —_ —r "� \ :/ .o%,os o 3.rnU1n PV Dxxn.IrelLx'. n.. „re ;. "� mrvlP.aOPSI�.u�eir.wmrvc.wnePOrosm �\ • u °A� �� L BFl.11 11'Eg iU�IL v I OuNn fv fLrvlYM�1p @A'rnCriPl.t.nn0 / _ i J! OrvI.♦Clp.eli.11 vFl`u. EN3N,PE11 ..1.V lO nwrCli[u3Nq roan W 7 I r - '_'.\��„ \ • En / f gWIE STRUCTURES vOPLAS KO r(r ply t.r;e•.s 471-------11- > y • • • 4 1 My CNPES e ww[ M n r' e> eoeumwrh. orm /__ `, amZ +a.rn' _`-fC,.a-�e 3Hn- 3_cYQ' \ 0 Cpr rvl IIr.G qunWe3rMIUp[MCrve 31M1r COOL `/ r ---17, \ C e. tt / I U:E AII.PRVp �^ / �i ° C0414•004 P. Pnp Pr 00504 mppeCX04 /4 ICNV! \• wow �a CAYYMr / / aCU. 3rINE PROVO* <eOYp.ICdrtrIX.,1. • '`• —3., , r Tn..al r.onalw..a nommn son UMGpvNwGr SOUCNen \: 1 A w INV 28,LOk,� _o A eomc w1OR's "'ere sro„sar.w wrvu¢.r ewrs u+r i)< 1. \� � ,l / e' / `%f ,_, .� l\ •• �/• ( TC M.E.G / ;I. mmw,mn 1. a J 1ti, I INV 761.14 o r� ��` V r \ �: 28 UF. 12' DIA. PIPE @ .5% SLOPE w a y FSYq 5\.\ \ 4f'4} .4 / v TC 786 75 88 � I • I�pn � Me. hCfCV �� \ \�• � r J l\ M� / ,iCCvw.v v. 1 INN 78430. ; • •f,oe iii• w In • ICJ 1Ei %,�.•'�rFS .•b\ :�\ , :k r�l §• �I w / 1121. F. IT DIA PIPE 6 5% SLOPE / SAW CUiIAND REMOVE SD ASPILALT P��[ Cal w.,ay TOM Y AS RCQUIRED REPAIR RE CE i0 MATCH pf�' [ %ISTINGIGONDITIONS. J '1 io.rv..afl 55 LF. 8' DIA. PIPE @ 1% SLOPE nfO2nm I. 757 00 Owl) INV 783,7.5 1 %SLOP / \788]5 4. :' '31.61,11-1,4"-DIA IPE @1 SLOPE 80 LF. 12' DIA. PIPE @1 %SLOPE SILT FENCE AS REQUIRED 1. \� two '•/ %LOPE TC M.E.G. INV 782.P5 65 LF 12' DIA. PIPE @1 %SLOPE p TC M.E.G. —INV 782.30 +tee ms 01 McCorroll Residence DRAINAGE PLAN del® 551.F. IT DIA. PIPE @ I% SLOPE \` ?ludo 9 =0 00 - CITY 0 ' ARMEL December 19, 2014 JAMES BRA INAM, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —5111 CHESTNUT CIRCLE —12 "STORM PIPE Dear Board Members: A Consent to Encroach document, signed by property owners, John R. and Jan McCarroll, 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 S: \BPW 15 \5111CH ESTNUTCI RCLEENCROACHMENTDOCU MENT.DOC Dh.PARrvII,NI 0E ENGINEERING ONE CIVIC SQl ARE:. CARMEL, IN 16032 OFU:E 317.571.2441 FAX 317571 2439 EMAIL cnginccringilcirmel . m.guc