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HomeMy WebLinkAboutWoodfield Way - Woodfield HOA2015007292 ENCR $27.00 02/23/2015 03:23:52PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1 1111111 111111 111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Woodfield Homeowners Association, 5436 Woodfield 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 "). WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate limits of the City of Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate "), attached hereto and incorporated herein by this reference; and WHEREAS, the current Owner wishes to reinstall landscaping and has existing landscaping, decorative pole lamps, entrance lighting, and stamped concrete on the Real Estate (the "Encroachment ") which will encroach into those segments of Woodfield Way (the "Right of Way ") which are contiguous to the Real Estate and which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing "), in the manner and locations shown on the Drawing; 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 febtaary 1 %1201 nd 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. 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. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Woodfield Homeowners Association, 5436 Woodfield 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 "). WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate limits of the City of Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate "), attached hereto and incorporated herein by this reference; and WHEREAS, the current Owner wishes to reinstall landscaping and has existing landscaping, decorative pole lamps, entrance lighting, and stamped concrete on the Real Estate (the "Encroachment ") which will encroach into those segments of Woodfield Way (the "Right of Way ") which are contiguous to the Real Estate and which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing "), in the manner and locations shown on the Drawing; 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 feVKA20,1 1%120l 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. 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 Encroachment from what is depicted on Exhibit B, and to maintain the Encroachment in good condition and repair. 4. Owner agrees that City shall have the right to remove any portion of the Encroachment as City deems necessary, in City's sole discretion 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 Encroachment, the Real Estate, or to Owner. 5. Owner agrees and acknowledges that the City's consent to encroach within the Right of Way, as provided in this instrument, regards the City's Right of Way 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 Right of Way. 6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any covenants and restrictions applicable to the Encroachment. 7. Owner agrees that the Encroachment will not create standing water and /or other drainage problems that affect the City or adjacent property owners and that, if such problems arise, the City, in its sole discretion, may itself remove or may notify Owner who shall then immediately remove, all or any portion of the Encroachment as is necessary to correct such problems, at Owner's sole cost and expense. 8. Owner agrees that the water flow from the Encroachment shall be directed away from all street travel lanes and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into contact with any travel lanes or paved areas of any street or street intersection. 9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction, any utilities or improvements (whether located above, below or on the surface of the Right -of -Way) damaged as a result of the installation, construction, maintenance or operation of the Encroachment. 10. Owner agrees to install identification tape or identification wire on the Encroachment that will allow the City to readily determine the underground location of any Encroachment. 11. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time. 12. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Right of Way and any improvements located therein caused by the installation, construction, maintenance and /or operation of the Encroachment. 13. 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. 14. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, (i) from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury, death or property damage occurring during the initial installation and during any subsequent use, maintenance or repair of the Encroachement and (ii) for any failure of proper disclosure pursuant to Paragraph 18 hereof. 15. 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. 16. 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. 17. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 18. 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 Real Estate on and after the effective date of this Agreement. "OWNER" CESARE TURRIN, Representative Woodfield Homeowners Association Signature Date: P�o��ao�s STATE OF INDIANA ) SS: COUNTY OF 1 ) Before me, a Notary Public in and for said County and State, personally appeared CESARE TURRIN of the Woodfield Homeowners Association, 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 day of klac aruf , 2015 My Commission Expires: 1.10.)1 NOTARY PUBLIC Printed Name qOati My County of Residence: *31 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: mes Brainard Presiding Offi er Date: M.ry Ii :urke, ems er Date: Lori Watson, r ber Date: ATTEST: /is ' . na Cordray, I V er, k- Treasurer Date: %,� STATE OF INDIANA ) SS: COUNTY OF HAMILTON ndra M Johnson Deputy Clerk For 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 Members of the City of Carmel Board of Public Works and v ` Safety, and rrIlillIrL- -C —eIABI Y, Cl k- Treasurer of THE CITY OF CARMEL, who acknowledged the execution.of,the foregoing 5andelaN3ohnebn, "Consent To Encroach" on behalf of the City of Cannel, Indiana. kr. Witness my hand and Notarial Seal this 1 day of My Commission Expires: fib //7 NOTARY PUBLIC Printed Name My County of Residence: AAA Azn 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 WOODFIELD SECTION 7B IN PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON APRIL 6, 1992 AS INSTRUMENT #9212166 IN PLAT CABINENT NO. 1, SLIDE NO. 22 EXHIBIT B Woo briELD wAy R AE mum •M PN11H 3tru,'�r :,rr epSE:F % -1 E IIc;> YE, rKltX44 Gk!SS ^['4VE E1AEIlI '' • • EXIS^titst 146TH STREET ENTRANCE NORTH 1 14 SW Q 6.gsSiMG t.ANOSCAVIN(. a 4' x ; VII ut, lia t4t419 C K i svi n 1 Atcorati ve r 3 y'NCUUIR ausE�CcY 1 14.60' Row Mai) rrw;;t, AtltiN Sbarbieed taw.p post :�IrAn , r ,b FSLVE(YIVFFI'd Vie,lo' '.N:IU) EX%SIIM(v ry YVEuE>(;:4 nE ;(IX', E) NN�q�4 3 e.1 mu�iN vlR,ER � >� 3`a..E,rro,a ws�(e Nl E ' Hvnn(E y Fv.V6 m rrlu vlmLE.,n,in; CRAY ROAD ENTRANCE NORTH .jlgrnvut,, (r),,nr. s,'rr,E) Dos, Darn By RCV`I5 -IS �ULJLB 0 0 0 U[U+UI� 0.0.0 N CITY OF ARMEL February 11, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — WOODFIELD SUBDIVISION — LANDSCAPING IN RIGHT OF WAY Dear Board Members: A Consent to Encroach document, signed by Cesare Turrin on behalf of the Woodfield Homeowners Association, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the February 18, 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:\ BPW15\ WOODFIELDSUBDIVISIONENCROACHMENTDOCUMENT .DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CAR E:I., IN 46032 OEricE 317. 712441 FAx 317.571.2439 EDI Vii. engineering@c:irmcLin.gov February 11, 2015 1LIUU 000 ®© CI00 CITY O' CARMEL Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (LANDSCAPING IN RIGHT OF WAY) — WOODFIELD SUBDIVISION Dear Board Members: Mr. Cesare Turrin, on behalf of the Woodfield Homeowners Association, has requested a variance from Section 6- 227(a)(4) of the City of Carmel Code to replace landscaping within the Right of Way for Woodfield Way. The new landscaping will be installed at the location generally indicated on the attached exhibit. There are existing decorative pole lamps, landscaping, entrance lighting, and stamped concrete in the Right of Way that were recorded in a Consent to Encroach on December 23, 2003. It is not expected that the improvements will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties or a hazard to the motoring public. The Department recommends that the Board approve the variance conditioned upon the following: 1. Petitioner enters into a Consent -to- Encroach Agreement with the City and records the Agreement. 2. Petitioner (and successors and assigns) agree to remedy (including removal of the improvements and /or relocating the improvements from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. Sincerely, Jeremy Kashman, P.E. City Engineer S:\ BPW15\ WOODFIELDHOAREQUESTFORVARIANCEROW .DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CA RMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL enginecring@cirmel.in.gov The intended ow or Ai. batwing n . toncepmal Isymn and declo Itomish..1 lb. gdo, low nly. yk)h;,j4. Um." Fumnme suume■ 411 . nwong land..p. pianism v.. rn any orgionnwles EXHIBIT B woo DCELD txrAsi RLA MIMI V0,111:,11.111 5 tlftora T mri • • EXIS-nr4 146TH STREET ENTRANCE 1 NORTH 3 t_ N Syke yst C• 6ANDSoopp N ex,;sittin tz.bv.f. puss e stri^ cAtC13rali ve. Raw Ex .0 YLIIJE (r.1.1 .)(2,. N.1.L., ikuC VItf1,1 Abu. ExiSitts4 GRAY ROAD ENTRANCE. NORTH 11:1ta eX-UM MOFFI,1 VA. N(rM) 3 PUT PILIFFml P.,...ott, , 3w...oar PC,Sk..5(E *.) r4) a t10414 trit 01, 9 104k - INI.VE rr171./.71 jP-fr.vu■As (Div, DC ki -0“-` • /-F, • I-F .011-1516 • .7-2.acq Vn. I