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Home My WebLink About14572 New Garden Lane recorded2016005468 ENCR $27.00 02/10/2016 12:03:39PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II I II I I I II II I I I I II CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Ty A Martin & Tiffany S Martin, 14572 New Garden Lane, 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 1 ("Lot") in The Ridge at the Legacy, Section 1 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 5, Slide 39, Instrument # 2013002737 in the Office of the Hamilton County Recorder on January 11, 2013, as The Ridge at the Legacy, Section One (the "Plat"); and WHEREAS, the current Owner wishes to install a fence 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 Easement, identified as 30'D. & U.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 Pebruawl 3j2-016 ; and VA— T M 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. 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. 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. 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 isnot 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 at any time. 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" TYA MARTIN Signatu e Date: TIFFANY MARTIN Signature, Date: STATE OF INDIANA ) SS: COUNTYOF Name l h�•� ) Kathryn O Lustig Notary Public Seal State of Indiana Hamilton County EMyCommission Expires 0812112016 Before me, a Notary Public in and for said County and State, personally appeared TY A MARTIN & TIFFANY S MARTIN, 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 20 day of saw-, u ct.ry 520%6. NOTARY PUALIC My Commission Expires: Kc -ti-v,y r, O - Lu s h D 0& 12 1 ( 2 o it, Printed Name My County of Residence: H a.rr,', l'o,-) "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Jame+ Date: A, Ma Date: Lori Watson, e er Date: ATTEST: czc�� ' tia�rdray, I C, Clerk-Trea rer Date: � 3& 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 Members of the City of Carmel Board of Public Works and Safety, and,Co RDPgk Clerk -Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of th6City of Carmel, Indiana. Witness my hand and Notarial Seal this day of /?J , 20 /V . NY PUBLI My Commis io Expires: 11/ZahzzP �� 9�� aDai 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 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Douglas C. Haney, Esquire EXHIBIT A LOT 1 IN THE RIDGE AT THE LEGACY, SECTION ONE RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 11, 2013 IN PLAT CABINET 5, SLIDE 39, AS INSTRUMENT #2013002737 EXHIBIT B .^'�•STO E P P E LWE RTH JOB ID RLEG.1 ALWAYS 0 H CONTROL# 69001 RYAN ;965 East 106th Street, Fishers,1111 45038-2505 I '.� 14572 NEW GARDEN LANA phone: 317,049.5435 fox: 317;849.5942 ' .`} CARMEL IN 4fi033 LOT 1 THE RIDGE AT2.�. TIME LEGACY -- - - - SECTION ONE INSTR, #X}13002737 P.C. #5, SLIDE #39 u APPRO I. AT-. Y 50' FROM -EP TO HO;JSE s 7z i jL• T.C.- 788,01 - AS BUILT M" PROPOSED GRAOEyPER PLAN XY-08 AS OU LT r> 1ADE SUB—SUR-ACE DRAIN SANITAFZY SEwEB STORM SE1WR W WATER M'NIN 3/4� WA;TP. COHNEC'm SWALE .IAC L3Ylc l.lr'! 5IMCONTRACTORS SHALL 'NSTALL HANDICAP P RAMPS AT ALL INTERS£CrONS. MATCI4 RAMP AT CURB AT LCCAMN PRG4)OEO IN MELD, ALL U4DF.RGROU4D SEWERS AND UMITIES SHOWN ARP PLOTTED BYSCALE FROM R£CORO URAWINCS- FURNISHED EY ENGWEER, 1" - 40' LOT AREA: 22,496 Sq, Ft. — FENCE No. $TATE OF y` BC:: CC u.:I::in .JAMES BRAINARD, MAYOR January 25, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. CONSENT TO ENCROACH —14572 NEW GARDEN LANE— FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Mr. & Ms. Ty and Tiffany Martin, owners of the property with a common address of 14572 New Garden Lane, is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of Public Works for approval during the February 3, 2016 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: CONSENTTO ENCROACH DOCUMENT S:\BPW16\14572NEWGARDENLN ENCROACH MENT.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov n msmams H ftl H imams 111 �sll� January 25, 2016 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. REQUEST FOR VARIANCE (FENCE IN EASEMENT) —14572 NEW GARDEN LANE, CARMEL INDIANA 46033 Dear Board Members: Mr. Ty A Martin & Mrs. Tiffany S Martin, owners of the property with a common address of 14572 New Garden Lane, have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence in a portion of the lot designated as a 30' Drainage & Utility Easement. It is not expected that the installation of the fence at the proposed location will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties (provided the petitioners adhere to the conditions recommended below). The Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): 1. Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the fence that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Fence post installation shall consider the location of the subsurface drain near the backyard swale to prevent damage to this infrastructure. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BPW16\14572NEWGARDENLNREQUESTFORVARIANCEFENCE.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov r,.. EXHIBIT B r^. T O E P P E L E R 1 H J06 ifs RLEG.1 ALWAYS U) ' 4 ' CONTROL# 69001 RYAN *� 7965 East 106th Street, Fishers, f"1 46030.2505 14572 NEW GARDEN LANE phone:317.049.5935 fox:3117,849.5942 CARMEL IN A6033 LUT 1 THE FRIDGE AT— THE LEGACY - — SECTION ONE INSTR,#2013002737 P.C. #5, SLIDE #39 �"; • �`- �r 44L. Li � APPRD 1 ATc�Y b0• FROM •� TAP 70 H041E 1 � MFi I �j 72 5) ✓ -� r'AS PUtLT1 . , 1�fs�a►�,cA-� [MY' PRCPOSM GRADF-PER PLAN XY.,XAS AS GU LT GRADE _ S.S10• _ SOH-SUVACE DRAIN SANITARY SEWZ.4 --+ --- s;ORM SEWER W- WATER MAIN W 3/4 WATER CONNECTION ---_ e a . e 0— r SANITARY MANH011 STORM MkafoLE CURE INLET ilpC N\T.0 aIIT SUBCONTRACTORS SHALL ';$TAL_+ HANDICAP *,90P5 Al ALL INTERSECPCNS. MATCF RAMP AT CURH AT LOCATION PROMEO IN FIELD. ALL UNDF,RGROUND SEWERS AND U ..L}?1ES S1001 ARE PUOYTEO gY SCALE FROM RECORD DRAMM S' FURNISHED BY E.NWINEER. 1 1 1* = 40' LOT AREA: 22,496 Sq. Ft. - FENCE _ No. 1800400481 STATE OF %�'9.•• .�NCIAhi°'. .�f1�.