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Home My WebLink AboutUNEXECUTED: 212 Red Oak Ridge-Heldt, Heidi/ThomasCOPY yizyp tit CONSENT TO ENCROACH AND INDEMNIFICATION AGREEMENT THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Thomas and Heidi Heidi, 212 Red Oak Ridge, 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 No. 16 ("Lot") in Cool Creek North Subdivision, Section No. 1 which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is shown in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Book 4, Page 97 in the Office of the Hamilton County Recorder on July 28, 1972, as Cool Creek North Subdivision Section No. 1 (the "Plat"); and WHEREAS, the current Owner installed a basketball hoop on the Lot (the "Site improvement"); and WHEREAS, the location of the Site Improvement on the Lot is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Inprovement was constructed on portions of the Lot designated as Right -of - Way, identified as on Exhibit A and 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 November 19, 2014; and S:\E Bass\My Documents ENCROACH CONSENT\HELDT, Consent to Encroach FORM - Rev 6-6-13.doc 1 • 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 all or 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, to remove snow 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. The Owner agrees to remove the net and any other part of the Site Improvement that encroaches on or over any portion of the sidewalk. S:\E 13ass\My Documents\ENCROACH CONSENI\HELDT, Consent to Encroach FORM - Rev 6-6-13.doc 2 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 defend, indemnify, and hold harmless City, its officers, officials, members, employees, invitees, Licensees and agents, from and against any and all claims and lawsuits losses, liabilities, damages, judgments, attorney fees and costs brought or threatened by any third party or Parties against the City, arising from any personal injury, bodily injury, property damage 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, including any third party, accessing this 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. SAE Bass My Documents\ENCROACH CONSENT\HELDT, Consent to Encroach FORM - Rev 6-6-13.doc 3 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. 14. Owner agrees to promptly remedy, at Owner's sole expense, any drainage problems or issues, saturated soil or standing water on the Lot or adjacent properties determined by the City to be resulting, in whole or part, from the Encroachment. 15. The Owner understands and agrees that this Consent to Encroach does not limit in any way the City's right to enforce its laws, rules, and regulations as regards the use for the Site Improvement, or otherwise. "OWNER" Thomas Heldt Signature Date: it Heidi Hpldt Lealt- Signature 1� Date: II "CITY ' CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAF BY: A vi^ James Brainard, Presiding Officer Lori Watson Me ber Date: it f l Sandra M Johnson Deputy Clerk Fpr A TEST: Sandra "1 John -;on 1 I la Cordray, IAMB, Clerk -Treasurer Date: 4z-7 9-(K SAE vacs\My Documents\ENCROACH CONSENT\HEIAT, Consent to Encroach FORM - Rev 6-6-13.doc 4 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Thomas and Heidi Heldt, 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 clay of , 20 . My Commission Expires: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) NOTARY PUBLIC Printed Name My County of Residence: 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 Safety, and-DIANA-b-CQR.D.R,AY.,-GIerk- T, s. asu er_e "F14I -CI-TY nR C'ARM.EL 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 of Amom , 20_f. NOTARY PUBLIC t/ My Commission E SANDRA M JOHNSON NOTARY PUBLIC - INDIANA i y Comm. Expires Auq.3yi;7061 Printed Name My County of Residence: / 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 havetakere. 0 1. ble care to redact each Social Security Number in this document, unless required by law SAE 13ass\My Doculnents\ENCROACII CONSENT AHELOT, Consent to Encroach FORM - Rev 6-6-13.doc 5 EXHIBIT B Red cross hatch indicates approximate Mlocation of encroachment 0 N 0 0 22 ism re.637' 173.35( � -° 44 C i9 Ut111ty & Dr alnage .Esmi. N 26 m 185 29 N 63°00a 6.699 8 219.166 N 86°26 15" W 72 v 0 0 CO m L) 135.470' --- 2r 171.791 N 93°CX 28 158.2 N 83°C 29 152. 7i 583°a CV 30 5: 50 00 $1 8 €4,-s\o !i 0b' 0 0 100 Feet 212 Red Oak Ridge City GIS Right -of -Way Printed: Feb 05, 2014 The City of Carmel, Indiana, provides the information located on this web silo. Your use of this web site Is expressly conditioned upon your explicit acceptance of all the terms and conditions set forth in this disclaimer. You are hereby notified and warned that the data provided herein may be inaccurate or out of date. Any person or entity who relies upon said information for any reason or purpose whatsoever does so solely al such person's or entity's own risk. Neither the City of Carmel, Indiana, nor any agency. official. officer. agent, employee or other information provider warrants the accuracy, reliability or timeliness of any of the data provided herein. This data is provided "as is without warranty of any kind or Hamilton Indiana www, hami$oncounty.in. gov