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Home My WebLink About5110 Briarstone Trace - Matthew Skehan2016019743 ENCR $27.00 05/04/2016 02:17:36PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II I II I I I I I I I I II I II CONSENT TO ENCROACH (T THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Matthew M. Skehan, 5110 Briarstone Trace, 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 79 ("Lot") in Briarstone 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 Book No. 11, Page No. 44-45, Instrument No. 1984009950 in the Office of the Hamilton County Recorder on July 25, 1984, as Briarstone (the "Plat"); and WHEREAS, the current Owner wishes to install a fence, landscaping, and a dry well/creek to facilitate drainage 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 and Utility Easement, identified as "20' 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 M ay , 7.016 ; 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. 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. 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. "OWNER" MATTHEW M. S%EHHAN,4�-- Signature Date: Z �-� �� STATE OF INDIANA, ) COUNTY OF 1' SS: 1i ) Before me, a Notary Public in and for said County and State, personally appeared MATTHEW M. SKEHAN, 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 �� , 20 ID. NOTARY PUBLItcolf My Comms Ixp res: Una II Printed Name My County of Residence:��1 J (J o "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS ANO SAFETi� //jam James Mary Ann Burke, Members / Date: Lori Wa " on, Me er Date: ATTE! 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 CHRISTINE S. PAULEY, 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. Witness my hand and Notarial Seal this --� day of - NOTARY P My '61nmis§iGn 1rxp:rEs = - } ' - Printed Name 20 4/. My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, Corporate Counsel, 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 79 IN BRIARSTONE SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY ON JULY 25, 1984 IN PLAT BOOK NO. 11, PAGE NO. 44-45, AS INSTRUMENT NO. 1984009950 - -- EXHI B1T B -S UIRVEYOR LOCK I hereby certify to the parties named ahove that the real estate described herein was inspected Under:my supervision on the date indicated and that to the tiest of my knowledge, this repos conforms with the requirements contained in Sections 27 through 29 of 565 IAC 1-1-12 fora SURVEYOR LOCATION REPORT. Unless otherwise noted there' is no visible uvidenee of posseSSioii lines found. Lene id. e re, al1211 a copy nt the suf"Y B.L. Building Line '= ii U. E. Utility Easement etiFi'alli ths;CUlit lulls aece ta6fe C D.& U.E. Drainage & Utility Easement — X — Fence 1 0.0Q, , Lot 79 28'� M Pool t i Scale: 1"=30' T'JI)FENCE �LfCP Deek Bit p(egl 'a CD a! Lii N Two Story House w/ Garage M1� a I� L1. cam... 120.00' Briarstone Trace (26' Pavement) (50' R/W per Plot) Note: Fence locations shown are approximate. An accurate boundary survey is required to determine exact locations. lIAL-IN SLRVEYING H GROUP, INTC. S;. SUrve:yors & Eligineers 2850 F 96th St,.Inchanapoli5 I\ 46240 -0i4 I+,7 5-6-1 9\(:1r) ti4c>4 o0-4298 or -(3 17) 582-0,662 �wVyt�ti11;:1i1IdJIL11'/Ijft fir': No. 20300031 = l'• STATE QF 1� CERTIFIED: 07/02/2015 Chad )J. 3:lahn Registered Lund Surveyor Indiana 420300031 Job 3,4.:.201.5061938 Sheet -2 of 2 C April 26, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR L RE., CONSENT TO ENCROACH — 5110 BRIARSTONE TRACE — FENCE & LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Matthew Skehan, owner of the property with a common address of 5110 Briarstone Trace 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 May 4, 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\5110BRIARSTONETRENCROACHMENT.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov C April 26, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 ,JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (FENCE, LANDSCAPING IN EASEMENT) — 5110 BRIARSTONE TRACE, CARMEL INDIANA 46033 Dear Board Members: Matthew Skehan, owner of the property with a common address of 5110 Briarstone Trace, has requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence, landscaping, and dry well/creek in a portion of the lot designated as a 20' Drainage and Utility Easement. It is not expected that the installation of the improvements 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 improvements that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Petitioners shall ensure water is conveyed through the drainage easement and the grade is not altered with the installation of the improvements. 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\5110BRIARSTONETRREQUESTFORVARIANCEFENCELANDSCAPING.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 LOCK[ I:ON RE'PORT I hereby certil'y to the parties named above that the real estate described herein was inspected tinder my supervision an the date indicrited and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29 of 865 IAC 1-1-1.2 for a SURVE O.R LOCATI'0N RIrPORT. Unless otherwise nnled there is no visib[c evidence of possession lines fou;:d. Legend B.L. Building Lirie U.E. Utility Easement D.& U.E. Drainage & Utility Easement — x — Fence ± Q �r —:-I-: ., I�e t t.t Note: Fence locations shown are approximate, An accurate boundary survey is required to determine exact locations. retziaeli a copy of the surve!r id iu� th�,coht ilius acce tahfe I LU. UV Briarstone Trace (26' Pavement) (50' R/W per Plot) HAI IN SURVEYING H GROUP, TNTC. S. Surveyors & Engilleers 2950 F 96th St., hictianepolis I:IN 46240 M.-. (31 r ) 846-08=30 or (31:7) ,5.36-41.19 (3j 7) o�l:fi 4?9S or P) 17) X82-G1iQ ��111111111111if 1///�/ X = 20300031 = ", 5F TE OF t t Scale: '1"=30' FENCE 0 a N AYic e Bim z popos-Pcl 4��C,-- CERTIFILD: 07/0212015 Chad D. Hahn. Registcred Lund Surveyor Indiana #20300031 .lob No.: 201506'1935 Sheet 2 of 2