HomeMy WebLinkAbout13463 Abercorn-Hatke, Andrew/Jackson, KarolineCONSENT TO ENCROACH
2015002872 ENCR $23.00
01/22/2015 02:24:58PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111 I 0 011 1111111111111111111111111111111111111111111111111111111
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Andrew J. Hatke II and
Karoline E. Jackson, 13463 Abercom Street, Cannel, Hamilton County, Indiana 46032, (individually and collectively, "Owner "), and
the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ( "City ").
W ITNE S S ETI -I:
WHEREAS, Owner owns in fee simple Lot 46 ( "Lot ") in Village of WestClay Section 9002 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 P.C. #4, SLIDE #47, Instrument #200600017010 in the
Office of the Hamilton County Recorder on March 30, 2006, as Village of WestClay, Section 9002 (the "Plat "); and
WHEREAS, the current Owner wishes to install a fence and has installed a playhouse and 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 B; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility and Sewer
Easement, identified as "I0'DU&SE" on Exhibit B (the "Easement "); and
WHEREAS, the Easement is beneficial to the City and its residents; and
W1-IEREAS, 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
bt ,1o'S ; and
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Andrew J. Hatke II and
Karoline E. Jackson, 13463 Abercorn Street, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner "), and
the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ( "City ").
WITNESSETI -I:
WHEREAS, Owner owns in fee simple Lot 46 ( "Lot') in Village of WestClay Section 9002 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 #47, Instrument #200600017010 in the
Office of the Hamilton County Recorder on March 30, 2006, as Village of WestClay, Section 9002 (the "Plat "); and
WHEREAS, the current Owner wishes to install a Fence and has installed a playhouse and 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 B• and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility and Sewer
Easement, identified as "10'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
S3v.v& -1 Lt, to IS ;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:
I. 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 teens 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 13, 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 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 terns 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 beyond that needed
to install the Site Improvement or beyond the alterations associated with the existing portions of the Site Improvement.
14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the I_ot or adjacent
properties determined by the City to be resulting from the Encroachment.
"OWNER"
Ant few J. Ilatke II
Signature
Date: ig— 099— 1'I
Karol.!: $ E. Jackson
Sign lure
Date:
1' U?V
l a
STATE OF INDIANA
) SS:
COUNTY OF HaN\ RDA )
Before me, a Notary Public in and for said County and State, personally appeared Andrew J. Hatke II and Karoline E.
Jackson, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary
at and decd. �p,-
witness my hand and Notarial Seal this ���dav of Oecomba 20 (L.�'
Lkijek, 75Laic,
NOTARY PUBLIC
My Commission Expires: G O�
n t I - 1 Printed Name
My County of Residence: G..im l 1
-c4
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKSS.ANND SAFETY
BY: ' "/bt
James Brainard, Presitpng Officer
Date:
Mary An
Date:
Lori Watson
Date:
ATTEST:
Sandra M Johnson
Deputy Clerk For
Dian Cordray, IAMC, Clerk - reasurer
Date: r 5
STATE OF INDIANA
) SS:
COUN"I'Y OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAM — &,4FN*PAD, MARY ANN
BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of' Cannel Board of Public Works and
--�r m•Ackotu i aPtr -y
Safety, and D iM-A---etftDRa4 , 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 lA day of
My Commission Expires:
LAPP/7
NOTARY PUBLIC
4-4vf1 c4/1/4..5
Printed Name
My County of Residence:
/4411777ii,re /11
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. Douglas C. Haney, Esquire
EXHIBIT A
LOT 46 IN THE VILLAGE OF WESTCLAY SECTION 9002 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON MARCH 30, 2006 IN P.C. #4, SLIDE #47 AS INSTRUMENT #200600017010.
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EXHIBIT B
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January 12, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
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CITY 0 ' AI MEL
JAMES BRAINARD. f\t \YOR
RE: CONSENT TO ENCROACH — 13463 ABERCORN STREET — FENCE, PLAYHOUSE, LANDSCAPING
Dear Board Members:
A Consent to Encroach document, signed by property owners, Andrew J. Hatke II & Karoline E. Jackson,
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 Dun
Assistant City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
S: \BPW 15\ 13463ABERCORNSTREETENCROACHMENTDOCU M ENT.DOC
DEPAr4EiNr UP ENGINEERING
ONE. CIVIC SO ASE, CARJIEI.. IN 40032 OFFICE 317 571.2411 I'AX 317571 2439
F i iI. engineciingscarmel guc