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HomeMy WebLinkAbout13925 Wilmuth Drive-Smith, Colin/StefanieCONSENT TO ENCROACH 2015001315 ENCR $23.00 01/09/2015 02:24:04PM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 11111111 III I I II11111111111IIIII IIIII11111IIIII 11111111111111111111111 oce THIS CONSENT TO ENCROACH (hereinafter•the "Agreement ") is entered into by and between Stefanie and Colin Smith, 13925 Wihnuth 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 155 (Lot ") in Longridge Estates Section 3A 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 Number 409 as Instrument #2008000445 in the Office of the Hamilton County Recorder on January 3, 2008, as Longridge Estates Section 3A (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 "20' D.U. &S.E. ", Landscape, Maintenance Access Easement identified as "20' L.M.A.E." and a Variable Width .Drainage Easement identified as "VAR. D.E." (said easement also a Pipeline Easement as Instrument #2002 - 75101) 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 Stefanie and Colin Smith, 13925 Wilmuth 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 155 (Lot ") in Longridge Estates Section 3A 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 Number 409 as Instrument #2008000445 in the Office of the Hamilton County Recorder on January 3, 2008, as Longridge Estates Section 3A (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 "20' D.U. &S.E. ", Landscape, Maintenance Access Easement identified as "20' L.M.A.E." and a Variable Width Drainage Easement identified as "VAR. D.E." (said easement also a Pipeline Easement as Instrument #2002 - 75101) 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 May 7, 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 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" Stefanie Smith Date: re /L /3) o/y "OWNER" Colin Smith Si Date: ure 19 /3 /a6 Lt "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: ..r Jam s Brainard, Presiding Officer /'7 -/S Date: Mary An Date: Burke Member Lori WAts Member i Date: 15 ATTEST: Sandra M Johnson eatr m Deputy Clerk For Diana Cordray, IAMC, CV - Treasurer Date: STATE OF INDIANA ) ) SS: COUNTY OF IA• Ixe ) Before me, a Notary Public in and for said County and State, personally appeared Stefanie Smith and Colin Smith, 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 0 3 day of \); c - My Commission Expires: 0\,S. oS,a0)\ STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) , 20�. Printed Name My County of HARRISON NGUYEN Notary Public- Seal State of Indiana My Commission Expires Aug 5, 2021 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 mdac ∎Scto n , Members of the City of Carmel Board of Public Works and Safety, and DID, rtci --IrQO DRAA -Y. Clerk - 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 day oft�tLO��dt ` 11 e• NOTARY PUBLI My Commission Expires: //2//% Printed Name My County of Residence: heamix-7-O4/ 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 I have taken reasonable care to redact each Social Security Number in this document. unless required by law. EXHIBIT A LOT 155 IN THE LONGRIDGE ESTATES SECTION 3A SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 3, 2008 IN PLAT CABINET 4, SLIDE NUMBER 409 AS INSTRUMENT #200800045 EXHIBIT 8 Gar. FFE = 903.9 1st Flr FFE = 905.7 TOW = 904.7 Bsmt FFE = 895.9 Drive Slope = 4.7% 2V15M® 111 = 530' Note: Minimum Front yard - Variable Minimum Between Residences - 6' Minimum Rear Yard - 20' w z w a SAN MH 834 TC= 902.00 ARLINGTON - ELEV 7 LEFT HAND - Brick 3 Sides FULL BSMT - 9' Walls 3 CAR - Side Entry Sunroom, 16'X16' Deck LOT # 155 ±16,716 SF PAD 903.4 PER PLAN 152.18 Eiec BASE HOUSE STANDARD FEATURES" 8' FULL BASEMENT 3 CAR SIDE ENTRY GARAGE BRICK WRAP (TYP. ON ELEV. 1 -6) 5'x7' DECK "SELECTED FEATURES" 9' FULL BASEMENT BRICK 3 SIDES SUNROOM 16'X16' DECK (2) 4'X4' WINDOW WELLS Note: Contractor should verify sump pit location with Field Manager. LISTON DRIVE 50' RAN (30'9549C) 7, Sewer o r 02.91 SAN MH 807 cQ TCl903.29 * Conc Flatwork Sq. Ft = ±1625 Public Walk Sq Ft = ±570 Sod Sq Yds = ±393 Seeding Sq Ft =±9174 * (Drive, Apron, 3' Walk, Patio, Stoops) (PORCH NOT INCLUDED) Flood Hazard Note: Water 15 \75' 5' C.A. 410 VAR. RD.U.&S.S.E. / ;FP SLM.A.E. ry4'4 vc E �\ 4111 Da vti 4-. -t p?';ypd�v�E .‘(r * 1,QPiq- �0 Qt'yct yv0 00 o0t SQQ b vr��o o? P� P�6 ,.to* PpP� o,:t..910 S0+ scPcit GPAe Pr' 0�0 ;a0 PS ��O Ce � ry0 4 ��20 . P s'5 Lot Number 155 lies within Flood Hazard Zone "X" per the scaled location on the Flood Insurance Rate Maps for Hamilton County, Indiana (Community Panel p18057CO205F, dated February 19, 2003). Note: This drawing is based upon construction plans and /or record drawings prepared by others and is not based upon a field survey. COOR Consulting & Land Services, Corp does not warrant the correctness or integrity of this information. The contractor /owner should verify existing conditions prior to construction. Any varying field conditions or any discrepancy with the information contained hereon should be immediately reported to COOR Consulting & Land Services, Corp.; failure to do so would result In the contractor/owners assumption of liability. Note: Gas at .1n! `i) IXx.XI = Proposed Grade — – Drainage Flow Contractor should verify site specific information depicted hereon with the approved construction and erosion control plans for this developmenL Also, Contractor should reference Architectural plans for foundation orientation and dimensions. Note: The proposed construction grades, contours, and proposed structure elevations as depicted hereon are based upon information provided upon the approved construction documents prepared for this development. Unless otherwise stated hereon, no information pertaining to but not limited to, fluctuating water tables elevations; soil types, and conditions within the building areas of this development have been provided and \or referenced on said documents. With the excavation of the proposed structure foundations, certain care and observations should be made In regard to such conditions as soil types and fluctuating water tables. During the excavation process should any unsuitable soils or ground water be witnessed, the builder shall be immediately notified for further v whirwpinn pnri rnncuep:inn tit :hp hnitdpre dicrpir_. ar,'riitimat JUL)U o O o UUIJIE m00 =0: giogm CITY 0 ARMEL December 19, 2014 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —13925 WILMUTH DRIVE — FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by Mr. & Mrs. Colin and Stefanie Smith, 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 May 7, 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 15 \13925 WI LMUTH DRIVEENCROACHMENTDOCU M ENT.DOC DEPART :\ INN r or ExcINEFRIcc ONr Cn is SQUARL, CAR:MEL, IN 46032 Omer: 31 7.571 .2441 FAX 317.571.2=139 enginecrinxucarmel . in.goc