HomeMy WebLinkAbout2378 Finchley Roadf, i " '
2018000139 ENCR $25.00
01/02/2018 01:38:40PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I III I III I I III II
CONSENT TO T+NC.ROACH�
d�
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Scot and Dawn Pollard,
2378 Finchley Road, 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 868 ("Lot") in Village of West Clay, Section Number 10003 which is located
within the corporate limits of the City of Carmel; Indiana ("Subdivision"), which meal 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 3, Slide 396, Instrument Number 200100030208
in the Office of the Hamilton County Recorder on May 7, 2004, as Village of West Clay, lection Number 10003 (the "Plat"); and.
WHEREAS. the current Owner wishes to construct an earthen berm 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 and sewer
easement, identified as "20' DU&SE" 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 (th<: "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 and
WHEREAS, Owner and tycknowledge 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 Elhibit.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 acknowledge_, 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 Improvementin good cond-ition and repair.
4. Owner agrees that City shall have the right to remove any portion of the ite Improvement as City deems necessary, .in
City's sole discretion, to install, protect and/or repair any utility lines, sever 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 Iinprovement, the Lot; ar to
Owner.
5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as provided in this instruments
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 upoil 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 1indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and
agents, from and against any and all losses, viabilities, damages, claims, judgments, attorney fees and costsarising fi,om
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 rehiiburse 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 H:aniiltoii "County:Recorder and to -provide-to City a recorded'
copy of same within tela (10) business days of the effective date of this Agreement. Iii the event this Agreement is not
timely recorded by Owner, Owner agrees and consents to City recording s£.me, 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 resp. ective heirs,
administrators, successors and assigns:
10. The parties executing this Agreement represent and warrant that they are authorizedto 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.paity Hereto.
12. The Owner agrees to provide full disclosure of this Agreement to all per: ons; 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'
Scot Pollard
Signat 11 -
Date:
+n Pollard
rgnat.
STATE OF INDIANA )
SS:
COUNTY OF
Before in, e, allotar} Public in and for said Counly and State; personally appealed Scot and Dawn Pollard, 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
_. T` Y PUBLIC
MAionExpir : 1' _ !�N Printed Name
My County of Residence:
CHENOA G CLARK
TM
Boone County
My Commission Expires
September 13, 2019
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Nc,; _
James = canard, Presiding Officer
Mary Ann B� ke, Mln�gt`o ,2�!
Date: / (/�
Lori Wat n, Mie er
Date: l 0
ATTEST:
Christine S. Pau le" , C .It-Treasurer�
STATE OF INDIANA )
SS,:
COUNTY OF HAMILTON
Before rile, a Notary Public in and for skid' 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 THEE CITY OF CARMEL, who acknowledged the execution of the -
foregoing "Consent To.Encroach" on behalf of the City of Carmel, Indiana:
ieA
Witness my hand and Notarial Seal this 10 day of 6d&A&4 , 20
NO R,Y PUBLI"C
n1iSS'
2,vA n1AuuC WAITUAI I Minted Name
Sail
Notary Public - Sti Wot Indiana
Hamllton County
Commitslon ppires Mar 16, 2024
This instrument was prep
T y County of Residence: #4v' ; �hv .
Corporate Counsel, One Civic Square, Carrnel; Indiaria4'032.
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.,Ak
TC P THE N HV
URV GERV
VMS AT..
�AR
6ko f3ffa
A: Port, Of 1he Norlhwdi Qucrlai and'-1he O'luler of Skdion JS
Tcwnship M41brib. RongO 3 fust. WClay Ilm'aiibn
'as, foliows:;
lcfor 3'1.9,.$1 tc t1 llierae
5:.tcs 0
4r
d O'distoncC of 70,01: feet-, ttltilc6S, 7 N
-A� st . ou h., B � deg e -
i W seconds ust:,O- d-.sttee f I. -No 'o'-fe
2DZ.61' fni; is cnce, Scutb 86 reg reas-1,R) mnutp48: secuds E
.ieonds,1ECIS( a iiisiuce.-ai,n9,1555 feet; thiiM: t6l,'tll DO
$,jp' ' " ' i 'E i "c"fu 7-2' k
;umds'� -6SU-ci 01M d, of 12 9
in Re5 33 SE
-i� N -t�)- 7 dvvfts'�� 25 'r
0 9. 9 E), 11. L tfi. P. I? Q . *�, I - 5� milyVIC � �D Zf, 'On,
sqmp,I , f i5g5 feeler.
.�fs,
nenpjq� to the riqkFhming q
-
ct
a�e
sOM
from.- ila,.f rcdltil;flu t, tfii
Il, 111-6 right hQv-.pq,,O
, , 1; d
sco"hwesielly oiong sai cpi'lis', E -CM di
roofirJ7 pelnt; iiim?lcs ""South_ 41
o 80m,
f 2
,of , c- dis6le of
Gf degrus'.27 yn!,l V,, s°, 01ono tflz
556 u;ihute, 59.
-ii r sint V,
PC
216 too t to p
pnl otes 01 sc*t
of i,,'z b ears
0 oom WM`eh:te,
lior(h 41
VA ul . , U.N.wAub , 0 ; j
disirmce of 1411.y) -fee", ffier1cd:,5buui
he Ge Martn #g cl��qrpcs `55 rohi65 '5'f
a Zstqn, I v : in
ce� of, '�n, t3 fret; ence Nwth-
1:
Nwth 41, dqr"to minutes �,
islorn-& bF 0,2T feet to 4 tbrgen",
rs S6 rnifdias 9s4cutits w.eft; lhence
13ngunt. cuTvp: to ilia rigfit- f�L'ag 0 rd jus bf 5,003',NvA the r diuz pciint ZN -hiCh b6ars South 03, rhidotet fil seconkli'Mt,
Ono Sbuliker y'c1c:19 ScIT CW-.' -2 Ca GTO clMOKC Of 112 fLei to 47 VAJ wJ,,jL
6 :f o�- seco, 'i
mviotes-, 00 seconds East, s (4,q
G, di. wqc'e- of .93goill ,qiay,,o the;
ifl ft th'C' rclius 00111i: Of which Ildor, sot .,Ifi-90 di�grees- j nl!rlqles 0, j qr,o. . ran n
�e,�
curve
'd Im a'a 2len6e of m5BG that to0 poinit *,tic} lbiuru `Wf, .47 dewsee 15 iPino eS-55 S81C0110 4,1'�
lius 4-rit; theSouth 42' f c6rkllto � thd,�=,M
en�nutes '04 rmconb Eqsi� a a 85.91 fee t
hcnq '),fa4,vjs e•�ado ieet the rodfus. of whir"hi 1p,eqri�, South 4:7 15 rpiotes 56 noo "I. Vlest;
. - . I I i, � I . , 'f, lvtj�
feet to u�ppwir..-Aic -6ux� SO q-qrees lA;mifqui�,._.; 0- ,a odds
'hoMno, dw
i tet t, to curve to u, va , S
0 eTeL 6 -4, , " , , ,
Ed's!�"Jh"n6 5601� 4i V%0111.5 ast 'a. nod of 199.5 1
Us 05M, 01 .Whlc�. beort Ntulb 42 degmes 44, allimulin PM ; s-,Cnhd,3
cf� 275�0,10' feet ;be: ra 11 , ' "
Picnot swt I d ase tori}
. I - I.Fl i� t, fy
mo cum. d, !Crice of 2,05j- to o Doirl�f wiah beors Sotifil 00 dgroes 1.10 -nlinut'ar, W'.se-,crld :osq �nc� ri�-rt J.
oe e.6 .`GO nlpiles00 uoccnds West a disldnep yf -s 36 'fist. once
n,' af�e Sputh".00 d�.qreqs,25 m1huh of
2.49 fe6t asst poet tein',, 4600. at puth' y pi�rppdiwicr Measure ent-off the south Hna of sa*cd Nprth!,701 Quorter (at, -c) .15,eog-
the "wth SwUnSe( `Jo.terl iheriue Spi f 89 —&cr-f* 21 unutes 25 pdrokiM,mdnoith IIn L Od
an;1
or to rhu. w C t fine of the 5014 UIC.1c Nolth CIO dogre-n V Q3 secoilll,Wes, ,
lin c feet tb the POW as contoomnq :21313,6 acres more or :qzm.
THIS q OF 30 LOTS, NUMBERED 806 VPMJCA173 00-11,929 WROUGH q'Q,T0GrL,_MER_,VATH%
-Si, S 'i REEJS *D CAqX61-15AS SH(MIi 1REON PLA' 10 :ARs
f.'AmS A
`AJED: R4 V It, GH
IAMDSCA�E tRCA BO '13UT
$12rX. FEP AND,
P" E0' ;�CASE E�
`()F -i"LOCK11 AN111: �YTITIJS' XJI "'s ARE 'Sliom 1-�l pG.U.
t if ot.BY TO S1JRl,'4y'.AAT RCC1,;fR0rj): AS-- JiNSTPUMENT. NUMBER 9945349;,1N1 THE
T HE 1 "
RECOROM OF -HAMILT0IP.." C,CUN.Tyi 1
1E UNDMSIGNED, HFRCBY CrCRTflF.Y_, TH-AT I -AM A REGISTERP), 1AND SOrVOK IACD811IN, Cc�);IPOANE
141H TAA LAViS OF T111 --ruir. orqNb,,ANA m6 THAI Ini P,iTN1N FiLAT Rr,"PRESE`tlFsN
NICED. SURVEY '1,,A
AN [k CROSS Wrtt I lAb IkAT fb -p", .6F "bi- 0,
MY 'EVE Z 6
11AS., P� AME: FROM, 'PHE WATI 'G
A NID BELIEF 11HEq 1M ND! CW . ,, ERS' r. 9 R ,ALE - Y TV,
P _. . -'WY. ANY. LINE 'MM C mmCiN V;l 0 � NE-W:SWDNPiF'i'�NN. I FORTHEIR C-ER.TiFY
YRQ$S�REFEREOCE; SLfR ES P Mr
E 'X!5 . I
HAT Mr, S I ::Si�'Bb,i�q.SPN-"Y�AS,PLATTEO 'UNDER MY DIRECT, SUPEPASION ANID=C.ONTRGL 'AND 15 IT0,1E, 4..41).
A
COPRECT TD, WE BEST OF M:Y'XN1041t�DQ KRIC
SIGNATURL: 'MIS -177fl DFY u
i' 4t fill€iYxlfv 71W
ROFESSIO'Im- All t[J",
oafm i z:
JAbms BRAimm, MAYOR
October 6, 2017
Board of Public_Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Earthen Berm) at 2378 Finchley Road
Dear Board Members:
A Consent to Encroach document signed by Scot and Dawn Pollard, owners of the property with the
common address 2378 Finchley Road, 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 October 18, 2017
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, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
7
JAMES Bitkmmj,
$oard of Public VJorlcs;:and gafety
One Civic quare.
Carmel, IN 46032
Re- Requesffor Variamee(Earthen Berm) at .2378. Vinchloy Road
Dear.-BoArd, Members:
Scot, a-n-,d..Daw.n Pollard, 6WhOrs of Aheo property with the common address 2379 Finchley road; have
requested avaniance. from Carmel City Code :Section §,6-I27:(a)( ),fo
r ,the construction of an earthen
berm within aOrtioft�atho'lot-ddsA designated p _gn1.0d
4. as an easement. Generally, the earthen' b -is p
berm -is Tqposed to be
installed at the :locAtion:;indicatedon..tlle::dttached* exhibit.
ItAs I n . not t pxpectpd thatthe improvements At the -proposed location will ,result in.a Detriment '(as defined by
City Code)to the subject - property or flie
, adjacent:: p'rQPOrtie9 (provid...Pd f
h, pet.I1.'.. io1ne.r adheres $
to, the
conditions too Ao� below)., The Engineern .epaitment recommends that the Board approve the
variance conditioned upon --the (as
with'the petitioners):
:L P
...etitioners into -a Consent -to Encroach ord the
Agreement . '11.1_1111 I.. -I : � -1 ph Agr6dOnent, with the City and, ted
_(w ill record .the agreement f6r you)
.e WNI
2.. Petitioners(and successors and assigns).06. 0 remedy
AnyUn4g.q. issues TPWdAg fr
om,the
.construction .o..'heearthen bei dial, inthe QPUU y, represents Detrmenfa&defined
in City Code.
3. Petitioners , shallfo ami . n approval from the HOA for construction of the such
earthen benn if
approval is required by.:the-restrictive.:covenanis of the develo menL
p
Itioultfow.lou'a jo. SIILLII-T