HomeMy WebLinkAbout10130 Hillsdale Drive - Patrick Stoffregen/Angela Mills2016019742 ENCR $27.00
05/04/2016 02:17:36PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111111111111111111111111111111111111111111111111111111111 II II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Patrick J. Stoffregen &
Angela D. Mills, 10130 Hillsdale Drive, Carmel, Hamilton County, Indiana 46032, (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 42 ("Lot") in Holaday Hills & Dales, 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 Deed Book 139, Page 375, Instrument Number 11599 in the
Office of the Hamilton County Recorder on July 6, 1954, as Holaday Hills & Dales, Section 2 (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 5' Utility Easement, identified as
"5' Utility Easement" 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 A P 1 `" t 0 , t o "6 ; 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:
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.
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 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.
KITNITNIT119
PAT RICFJ. STOFFREGEN
Signatur�Z2 a/
Date:
ANGELA D. MILLS
Signature/ /'1/ ®�
Date: ( '(
STATE OF INDIANA )
) SS:
COUNTY OF Hr<4 M I t_Tb�.A
Before me, a Notary Public in and for said County and State, personally appeared PATRICK J. STOFFREGEN & ANGELA
D. MILLS, 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 --qv-- day of ,AP F-1 L , 201 �.
NOT Y PUBLIC
My Commissipn Expires: V( TWL-C c— '�2-6&h LI A
�b 1 J 3 I) (o Printed Name
KATHLEEN BARBAGLIA
Notary Public - Seal
State of Indiana
My Commission Expires Oct 13, 2016
My County of Residence: -MW LO nJ
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Brainard, Presiding Officer
Date: ' /,/ —.J n
Lori Wat � n, M ear'/� ® / /
Date: 'l (o
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 cf'Public Works and
Safety, and CHRISTINE S. PAULEY, Clerk -Treasurer of THE CITY OF CARMEL, who acknowledgeti;;the` eisecnticn',of. the
foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal tlua day o /t in204/
My Commission ETres:
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 42 IN HOLADAY HILLS & DALES, SECTION 2, RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON JULY 6, 1954 IN DEED BOOK 139, PAGE 375, AS INSTRUMENT NUMBER 11599
CONSENT TO ENCROACH
This is a consent agreement between the owners of two properties in the Carmel, IN zip code 46032:
10211 Holaday Drive West
and
10130 Hillsdale Drive
By signing below, all parties confirm that
a) they represent the Deeded Owner of the property under which they are listed, and
b) permission is granted for the installation of a chain link fence to connect to an existing fence, the proposed
location of which is depicted below as Exhibit A, and
c) ownership and responsibility of the newly -installed fence will run with the property 10130 Hillsdale Drive
EXHIBIT A
SURVEYOR LOCATION REPORT
"—by to the Pardee hamed -b— ft the re)—e&—*bed herein ora inspected order lny lup-iliwtm 0. dale
.f&6tcdhnd thin to thobatofmy knowlNge. this repcn mnf wish ft mmnts"o ined In Sallmu 27 through 29
fi.. II44- fora SU11111 LOCATION REPORT. UnIm oibewile huled he. I, ho•isible eAdeoea ofpoa 1.
limn found.
� Nate: lienee lotationa shom I
oeea,rhle b<au�darr ti. ieerew9� �oa:nnte.
t aelmn�e i mwuons
Note. Due to the 1008 0l Quantic,,
mtot;w found. the h ocy _ [-
of Dire report ie I'mRed 10 3'S.
I
approximate proposed fence ioca6on in green
Patrick J. Stoffregen and Angela D. Mills,
Husband and Wife, Deeded Owner of 10130
Hillsdale Drive, Carmel, IN 46032
l�
Patrick J. Stoll gen Date
CLI
a D. Mills
Da
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CERTIFIED: OLOM016
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Cb..d D. Hahn
Regie Leed Sandy,
loth x20300031
lab No.: 20160210-10
Short 2 aft
Mark Evan and nda K. McCammack, Deeded
Owner of 10 oladay Drive West, Carmel,
460
Evan McCamnWO Date
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Rhonda K. McCammack Date
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IIAHN SURVEYING
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GROUP, INC.
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Su—y—&Eoginttn
2850 F 961h SL, Ind'unaPol6, IN I62a0
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PHONE: III i)SA(.081O or M6 -I119
f AY: (11'71 &16-12981, (117) 5822.01,,2
Patrick J. Stoffregen and Angela D. Mills,
Husband and Wife, Deeded Owner of 10130
Hillsdale Drive, Carmel, IN 46032
l�
Patrick J. Stoll gen Date
CLI
a D. Mills
Da
�VS,`o1115Ttg9y'''
iQ e'O..G
a xa
i 207,,10.31
CERTIFIED: OLOM016
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Cb..d D. Hahn
Regie Leed Sandy,
loth x20300031
lab No.: 20160210-10
Short 2 aft
Mark Evan and nda K. McCammack, Deeded
Owner of 10 oladay Drive West, Carmel,
460
Evan McCamnWO Date
G c Z
Rhonda K. McCammack Date
V11va()/�
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April 11, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
.JAMES BRAINARD, MAYOR
RE. CONSENT TO ENCROACH —10130 HILLSDALE DRIVE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Patrick Stoffregen & Angela Mills, owners of the property
with a common address of 10130 Hillsdale Drive 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 April 20, 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: CONSENT TO ENCROACH DOCUMENT
S:\BPW16\10130HILLSDALEDRENCROACHMENT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
Y -i
e
April 11, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
.JAMES BRAINARD, MAYOR
RE. REQUEST FOR VARIANCE (FENCE IN EASEMENT) —10130 HILLSDALE DRIVE, CARMEL INDIANA
46032
Dear Board Members:
Patrick Stoffregen & Angela Milss, owners of the property with a common address of 10130 Hillsdale
Drive, 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 5' 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.
2. 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, represents a Detriment as defined in City
Code.
3. Petitioners shall obtain permission from the adjoining homeowners if the fence is to connect
onto an adjacent fence.
4. Petitioners shall obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW16\10130HILLSDALE DRREQUESTFORVARIANCEFENCE. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
EXHIBIT B
SURVEYOR LOCATION REPORT
I hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date.
indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC I -I-12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
i
Note: Fence locations shown are approximate.
An accurate boundary survey is required
to determine exact locations.
Note: Due to the lack of qualified
monumentation found, the accuracy
of this report is limited to 3'±.
Scale: 1"=30'
HAHN SURVEYING
H GROUP, INC.
S Surveyors & Engineers
2850 E. 96th St., Indianapolis, IN 46240
G PIIC)NE: (317) 840--0840 or ('317) 846-4119
X: (3 17) 846-4298 or (317) 582-.0662
CERTIFIED: 02102/2016
Chad D. Hahn
Registered Land Surveyor,
Indiana rr20300031
Job No.: 2016021020
Sbect 2 of 2
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