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HomeMy WebLinkAbout13063 Double Eagle-Robbins, John/Jenniferviivy 2015002870 ENCR $23.00 01/22/2015 02:24:58PM 7 P65 Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1 I I I I 1 1111111 1 1111111111111 I I I I 1 1111 I I I I l 111111111111111111111111111 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between John J. & Jennifer J. Robbins, 13063 Double Eagle Drive, 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 "). W IINESS ETH: WHEREAS, Owner owns in fee simple Lot 74 ( "Lot ") in Plum Creek Ridge Section 2 which is located within the corporate limits of the City of Camel, 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. #2, Slide #65 as Instrument #9809801905 in the Office of the Hamilton County Recorder on January 13, 1998 as Plum Creek Ridge Section 2 (the "Plat "); and WHEREAS, the current Owner wishes to install landscaping on the l.ot (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, Utility & Sewer Easement, identified as "22' DU &SE" on Exhibit 13 (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 front Cannel City Code Section 6- 227(4) on 3ar.ua✓• zt ,1.o tS ; and WHEREAS, Owner and City acknowledge the location Encroachment; and wA,7 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between John J. & Jennifer J. Robbins, 13063 Double Eagle Drive, 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 "). \VITNESSETH: WHEREAS, Owner owns in fee simple Lot 74 ("Lot") in Plum Creek Ridge 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 P.C. #2, Slide #65 as Instrument #9809801905 in the Office of the Hamilton County Recorder on January 13, 1998 as Pluni Creek Ridge Section 2 (the "Plat "); and WHEREAS, the current Owner wishes to install landscaping 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 13: and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility & Sewer Easement, identified as "22' DU &SE" 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 S •nua .2.111-0 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 B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit 13 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 perniission 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 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 beyond that needed to install the Site Improvement. 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" Jennifer J. Robbins Sio tat /21 a/ PI STATE OF INDIANA �, n ) SS: COUNTY OF 1 1 I U.t t Before me, a Notary Public in and for said County and State, personally appeared John J. & Jennifer J. Robbins, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. aa Witness my hand and Notarial Seal this `---A day of IpeCerbEr 20 KA" My Cotnmmsi on Expires: I, NOTARY PUBLIC Prin ed Nantc My County of Residence: "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLICS AND AEETY BY: James Brainard/Presiding Officer De e: Mary An urkeMembr of/ /� Date: Lori Wdtson Date: Al FES I : lember 1 Iii •% Diana Cordray, IAM Date: Treasurer STATE OF INDIANA ) SS: COUNTY OF HAMILTON Sandra M Johnson Deputy Clerk For Before me, a Notary Public in and for said County and State, personally appeared J 465-1 D. 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 tndra.lol.nKcn, be ?u fy Safety, and MS, 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. sr Witness my hand and Notarial Seal this day of -) Qn(LL(t- . 20! S NOTARY PUBLIC My Commission Expires: /1 4� i �L (_1 ✓c2,f)V(S ' I / /7b 7 I'rinted Name My County of Residence: A%i7l 1.(7"Dni 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. Douglas C. Haney, Esquire EXHIBIT A LOT 74 IN THE PLUM CREEK RIDGE SUBDIVISION SECTION 2 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 13, 1998 IN P.C. 2, SLIDE 65 AS INSTRUMENT #980 - 9801905 EXHIBIT B SURVEYOR LOCATION REPORT thereby certify to the parties named above thin the real mane &scribal tnetin was inspected upar4 ray supervision on the date indicated and that to the best of my knowledge, this report cani was with the requirements ocrutsited in Sections 27 through 29 of 865 IAC I-1-12 for a SURVEYOR LOCATION REPORT. Un1s8S otherwise noted there is no visible evidence of possession line fotald. 1.1,0•4.,: ;ranee locations shown ore opproAmote. An accurate boundary survey LA required te determine exact locations_ IV b 0 '24 \N, Ao NH i 71 xi 4;9 • tesetatt Rolciiel.) Line O.U. & 5E. Droino9e ubity & Sowde Easreineilt, R /W Riot-of-Way r Fanter.x. r Adjoin er's Fencer 126.60' Gene. 0 2 Story Nose fx..) •.71 Caruge Ln -rn sss —7 Deck Drbie • ', C HAHN SURVEYING GROUP, INC. Surveyors & Engineers 2950 E. 96rb St, indianapobs, IN 46240 PHONE: (317) 846-0840 or (31 7) 846-4 l 9 F.K. 047) MO-4298 or (.317) 5F2-1)662 LeICHIR±VCI Lot 74 0%13/4111/1,i \\ 444„ ■X:S c, Es 544TE Cf WifY D 11§1.3.14C-k‘# -1111111t1M1k.N Scale: 1--z30' aliCITRED) April / 0,2609 Chad a !Jahn Registered Land Surveyor, htdiana #20300031 Job No.: 2009041084 Sheet of 2 0.4.94;_it7SZLIF. 91:60 IxT.13?./ET/TI 00 0 ©0 mina= CITY 0 ARMEL January 12, 2015 JAMES BRAINARIJ, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —13063 DOUBLE EAGLE DRIVE — LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by property owners, Mr. & Mrs. John J, Robbins & Jennifer J. Robbins, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the January 21, 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, Gary Duncan, P.E. Assistant City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT S: \BPW 15 \13063DOUBLEEAG LEDRIV EENCROACH M ENTDOCU M ENT.DOC DEPART:4 NT or ENGINEE:RNC ONE CIVIC SQEAm:. CAR>o-a.. IN 46032 OrncE 317.5712441 FAX 317.571.2439 EMAIL engineeringWcannel. in.goc