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Home My WebLink About12348 St. Armands Circle-Temple,Al/BarbaraCONSENT TO ENCROACH 2015001367 ENCR $23.0e 01/09/2015 03:50:47PM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented I I I I I I I 1 11111 1 111 I I I I 1 1111111111 I I H 1111111111111 ! I I I I 1 111111111111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Mr. and Mrs. Al R. & Barbara A. Temple, 12348 St. Armands 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 48 ( "Lot ") in Plum Creek Village Section 2 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 1, Slide Number 766 as Instrument 149709712325 in the Office of the Hamilton County Recorder on April 3, 1997, as Plum Creek Village Section 2 (the "Plat "); and WHEREAS, the current Owner wishes to install landscaping/piping 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 "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 May 21, 2014; 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 Mr. and Mrs. Al R. & Barbara A. Temple, 12348 St. Armands 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 48 ( "Lot ") in Plum Creek Village Section 2 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 1, Slide Number 766 as Instrument #9709712325 in the Office of the Hamilton County Recorder on April 3, 1997, as Plum Creek Village Section 2 (the "Plat "); and WHEREAS, the current Owner wishes to install landscaping /piping 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 "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 May 21, 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 beyond that allowed by the variance granted from the City of Carmel Board of Public Works and Safety on May 21, 2014. 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" Al R. Temple Signature Date: "OWNER" Barbara A. Temple Signature Date: /1----3 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: cw roes Brainard, Presiding Officer atte/ //,//�/7 /z 3 ^ L/' Mary An Date: Burk, Lori Watson, 4 ei ber. " Date: 1 a"� 3/ /ft ATTEST: Sandra M Johnson cjeuxdAt kty Clerk For Diana Cordray,9'AJv1C� Clerk- Treasurer Date: % .-4111111101101W iii/ / /o- 2/ / - to- STATE OF INDIANA ) SS: COUNTY OF Ham; HON ) OFFICIAL SEAL NICHOLAS PATTERSON NOTARY PUBLIC— INDIANA HAMILTON COUNTY My Comm, Expires Nov. 4, 2018 Before me, a Notary Public in and for said County and State, personally appeared Al R. Temple and Barbara A. Temple, 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 n day of O o+ober , 20N. ear NOTARY PUBLIC My Commission Expires: N; c, Aot-A PA-TT es n - `4 - Ault; Printed Name My County of Residence: H •. w `40^ CO. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) 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 Zncfrauohns n.4)41 4 `„ Members of the City of Carmel Board of Public Works and Safety, and N" ' . CC:' ,1Clerk- 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 3 day of My Commission Expires: #402 NOTARY PUBLIC e • '9,1» 41//S Printed Name My County of Residence: WAyn // TD This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 1 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. I EXHIBIT A LOT 48 IN THE PLUM CREEK VILLAGE SECTION 2 SUBDIVISION. RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON APRIL 3, 1997 IN PLAT CABINET 1, SLIDE NUMBER 766 AND INSTRUMENT: 9709712325 SENT RY:SC EXHIBIT B r i THE SCHNEIDER L. J CORPORATION NOTE: 'TIPS DRAWING IS BASED ON DONS/MORON P145 OR RECCRO DRAWLS AND I5 NO1•BASED UPON A RELn SURVEY, TIIC SCIINEIDER OCR.. 006 NOT WARRANT THE AOOJRACT OR SUFFiCi NCY Or 0115 INFOMARON. THE CONTRACTOR ,SHOULD VERIFY EXISTING CONa1ONS PRIOR TO ANY CONSTRUCTION. ANY DISCREPANCY FOUND UPON 1105 DRAWING SHOULD BE REPORTED ID THE SCSLNOEER CaiP..'NMEDIAIELY: AWE TO DO 50 BILL RESIRI IN ME CONTRACTORS ASSLOPIDS ar UA8UIY. NOTE: llC �A YVir 'nnnAT 1T .I0C1d��RiR wa:49 TEN OfInw:vr0, M0 - 'nl."ZO'IPW'MCPM' a X1'&.o a-GC111PJNn 1 LI Mom 14. •CONSaucTON RIMS s01 MF 9.. '4St7I. wIESS STAR NO M9.41.A1I04 A9007 FLUCNATNO'WA974 . TABLES GL CDN TTt is 0' SCIL`TIPEV.1491H m: IlASOc:AREA MAS'Bm1'PPOYEED 09 tS aD COI tar P NS R 9 IQ11YV4tm M 1'BABEUo OCO Max. iOAVAnoRSIT VAT L[ABT (] ).nal A31K Ne IO NM. PD1 EN•rm '�RAAMY. A a a r c %CES■D tuna 0bA SEA.SNPY a F.CTS • ASH f,OBERbri., uiNR:mmz p &iAna MMUS'' ANA- T310.AtO ;iE.Ressou nNisD.aa cae.,ncutrou6wanrto:NNm}ATLLT. nc:M tNNELDRYONiOrns 4'A•[ZO •Y MOIC PC cRAAPAra'1EW1 'ABO,ADpT0Ar,OCWIN[ as RIXNaS1'1N■nl5 BE:N NIRDLY O'r0Alltx•IC NNKln. 11 CnO 0. ASSURED NORTH SCALE 1' R 30' A .I S. 18:01' 47.9 10. O.U. & 5.5 LOT # 48 11,956 SF 48.0 1T 3020 North Post Rand Iudlan.poTth, Indiana 40228 -0068 317 - .098 -0262 317 -895 -2803 FAX K E TH0iPSON':t 2/ 2 Engineering Surveying GIS • 1..15 Runlegy NOTE: F DURING TIE EXGVATKN PROCESS. ANY GROUNDWATER IS %MESSED. THE 5CO11005R CORP. 91GND BE NOTIFIED 1NNFAIAIELY. WE CRAWL SPACE SHOULD BE RAISED 2' ABOVE TIC GROUNDWAIOI LC'tt AND ADDIIIONAI COiiSIrtUCTON TECNN:CUES SHOULD BE INCORPORATE() TO ALLEVIATE nJTIRE PRDESENS. 'NOT: 101 ++-A8 DOES NOT LIE IN 100 YEAS FLOOD ZONE AB PER SCALED OISTANCC r HC9.FLOOD INSURANCE' RATE NAP 1.180081 00990 REVIS1D MAY 19. 1981. FL000WAY & FL00D'WAY FRINGE DOES NOT AFFECT LOr 1:40 P1014 CREEK NLLACES SECTION 1 2 PER FLOOD BOUNDARY 8 FL033WAY MAP y 180081 0000 REVISED NAY 19, 1981 NOTE: LOWEST ADJUSTED GRADE AROUND THE STRUCTURE SHOULD BE EOUAL TO ' -OR ADCVE 747.4 N.C.V.D. (FLOOD PROTECTION GRADE) 100.01 PROPOSED GRADE 00.0 GHAOE PER RECORD DRAINAGE ORAWNG APPROXIMATE 10CA1:014 CONFIRM DEFORE CONSTRUCTION C SAN LATERAL, WATER SERVICE LINE & SUB - SURFACE DRAIN LATERAL FIRE NYD t:ml •6.5 • TCR TA9.11 PER SAN 5E REC DRWD uN ST. ARM N 50' R Pl4 5 Tt -7'9.0) P514 SAN SEWER REG CRWC PLOT PLAN PREPARED FOR HOMES BY DAVE THOMPSON, LLC PLOT PLAN LOT # 48 PLUM CREEK VILLACE SECTION 2 INSTR. # 9709712325 P. C. # 1 SLIDE # 766 1 ) tR- CT A DAA A NIIC CNI>ri r NOTE: IN THE RESIDENPAL DISTRICT, W1TING HEIGHT TO TWENTY -FIet (20) FEET. A DWELLING MAY GE INCREASED IN HEIGHT TO 1HIRIY -FIVE (35) FEET PROVIDED THE SIDE AND REAR YARDS ARE INCREASED, AN ADDITIONAL FOOT FOR EACH FOOT SUCH STRUCTURE EXCEEDS TWENTY -FIVE (75) FEET IN HEIGHT. PER CARMEL ZONING CFCINANCE 26.1.1, _taut rTiGL smAI{ SECllOY JOB # 00- 2719 -14 08/24/00 KMC REVISION /1D inn /,ln :,.,n F1 November 20, 2014 ant Jrv■n?S I3RAINARn. 1'IA' OR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —12348 ST. ARMANDS CIRCLE — LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by property owners, Mr. & Mrs. Al & Barbara Temple, 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 21, 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 \12348STAR MAN DSCI RCLE E N CROACH M ENTDOCU M ENT. DOC DEPARTMENT OF ENGINEERING ONE Civic Soi ARE, CARMEL. IN 46032 OmicE 317.571.2411 RAN 317.5712139 I'.,AIdi. enginccringgre rmel.in.goc