HomeMy WebLinkAbout7211 Delmont Drive2018022052 ENCR $25.00
05/23/2018 10:49:24AM 8 PGS FDS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
1 1111111111111111111111111 IN IN
CONSENT TO ENCROACH
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THIS CONSENT TO -ENCROACH (hereinafter- the "Agreement") is_entered into by and: between James; Roehrdanz_ Rev
Trust, 7211. Delmont Drive; Carmel; Hamilton County, Indiana 46033,.(individually and collectively, "Owner"), and the City of.
Carmel, Hamilton County, Indiana; by and through its Board of Public. W orks.and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 15 ("Lot") in Overlook<at the Legacy, ,Section Number 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 Plat Cabinet 5, Slide Number 415, Instrument Numbe•
2015056952 in the Office of.the Hamilton County Recorder on 11/4/2015, as The Overlook at the .Legacy, SectioaNumber 2 (the.
"Plat"); and:
WHEREAS; the current Owner wishes to install -a patio on the Lot (the "Site Improvement"); and
WHEREAS, Oiyrier 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 ofthe 'Lot Aesignated. as Drainage_ Easement; identified as
"20' D.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 Worksand Safety approved the Owner's request for a variance from Carmel
City Code Section 6-227(4);on ;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.ofthe =Site Improvement as indicated by the Owner on'Exhibit B should not. roma-criallyinterfere with
the City's use of ihe'Easement.
NOW, THEREFORE, for.and in consideration of the mutual covenants and agreements contained: heroin and other good and
valuable consideration, the sufficiency and receipt'of which are hereby acknowledged, the parties mutually: promise, agree and
covenant as follows:
I. 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 cost o,f 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 Easem,erit, 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._ piovide.io 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
timeltrecorded by Owner; Owner agrees and consents to City recording same, at Owner's sole expense.:
9. .The parties agree that he;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 Agi eement shall be effective as of the date-on which .it is last executed by-a party~hereto..:
12. The Owner agrees:to provide frill 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 Umits of the easement at any time: .
1.4. Owner agrees to remedy any drainage problems or issues; saturated soil or standing wateron the Lot or adjacent
properties determined by the.City to be! resulting from;the Encroachment.
TOWNER"
James oehrdanz v Tru t
Signature
Date•... d
STATE OF INDIANA
COUNTY OFCA
drr\�sr )
Before me, a Notary Public in and for said County and State, personally appeared James Roehrdanz Rev Trust, by me. known,
and ivho acknowledged the execution ofthe foregoing "CONSENT TO ENCROACH? as his or her voluntary act and deed.
-
W itness my hand and Notarial Seal this day of : , 201..
771 - _ .
NOTARY PUBLIC
My Commission Expires:
�1.W N" (0 a Printed Name
My County. of Residence: xr*A Q ty"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORIq AT, I
SAFETY m_pp
BY:� of. —
James Brainard, Presiding Officer
ATTEST:
we�6UU .
Christine S. Pauley,�is
lg,�lf�r}}yer
Date:
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 A— day of 161.4 2016.
F
NOTARY PAJBLIC
My CommissiExpires-�j WOUls, �i ilk
Printed Name
My County of Residence:�r C�lV
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
Connie E. Murphy
Notary Public
Seal
Hamilton County, State of Indiana
Commission No. 669761
My CommlWon Expires 6-29-2023
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° SURVEYOR LOCATION REPORT
r'+ PAGE 1 OF 1
DRAWING PREPARED BY: BS
V u �_
DRAWING SCALE: 1" = 30'
Land u i VC��/O !'S '$
DRAWING DATE: 12i612017
494 Gradle Drive Phone: 317.844.3333
FIELD WORK DATE: 11/30/2017
Carmel, NJ 46032 Fax: 317.844.3383
1 inch =30 Feet
DRAWING PREPARED FOR:
wwvv.SEAGroupLLC.com
Title Links LLC
THIS REPORT IS DESIGNED FOR USE BYATITLE INSURANCE COMPANY WITH RESIDENTIAL
COMMITMENT # 17-0231
LOAN POLICIES. NO CORNER MARKERS WERE SETAND THE LOCATION DATA HEREIN IS
BASED ON LIMITED ACCURACY MEASUREMENTS. NO LIABILITY WILL BE ASSUMED FOR
ANY USE OF THE DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES.
COP F 1 N ()P I VE _
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p�OjEMENT
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1 HEREBY CERTIFY TO THE PARTIES NAMED ABOVE THAT T1 IE PROPERTY DESCRIPTION:'
REAL ESTATE DESCRIBED HEREIN WAS INSPECTED UNDER MY Lot Numbered 15 of The Overlook at the Legacy, Section Two, a suodNisicn In Harnillon
SUPERVISION ON THE DATE INDICATED AND THAT TO THE BEST County, as per plat thereof recorded.n
Plat Cabinet 5. Slide 415 in Instrumen No.
OF MY KNOWLEDGE AND BELIEF, THIS REPORT CONFORMS WITH 2015056952, records of Hamilton County, Indiana.
THE REQUIREMENTS CONTAINED IN SECTIONS 27 THRU 29 OF
TITLE 865 I.A.C., ARTICLE 1, RULE 12, FOR A SURVEYOR LOCATICN
REPORT. THE ACCURACY OF ANY FLOOD HAZARD STATEMENT
SHOWN ON THIS REPORT IS SUBJECT TO MAP SCALE
UNCERTAINTY AND TO ANY OTHER UNCERTAINTY IN LOCATION
OR""EjLEEVVA//TION OF THE REFERENCED FLOOD INSURANCE RATE
fdA��
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_ A
CE TIFIED: DECEMBE 6, 20
BRIAN C. RiSMILLER
LS 20200083
No.
LS20200083
STATE OF
PROPERTY ADDRESS: 7211 Debont Dr., Carmel, IN
OWNER: Wedgewood Building Company, LLC
BUYER: James W. Roehrdanz Trust of 2002
TITLE COMPANY: Title Links LLC
-----------------
Y—
_o_o_o_o—._,_
B,S.L = Building Setl;ack Line
U. = Utility
S. = Sanitary
DRAWING LEGEND
R%W = RGNT OF WAY (AS NOTED)
CIMERLINE AS NOTED
BUILDING SET[K-K UNE (B.S.L.)
EASEMENT (AS NOTED)
REAL ESTATES LINES AS NOTED;.)
SUBJECT. REAL ESTATE SURVEY UNE
CIAN UNK TYPE FENCE
WOOD TYPE FENCE
D. = Drainage
E. = Easement
L. = Landscape
PROJECT#: S20173538
C
April 25, 2018
Board of Public Works and Safety
One Civic Square,
Carmel, IN 46032
jAmEs BRmNnxD, MAYOR
Re: Consent to Encroach (Patio) at 7211 Delmont Drive
Dear Board Members:
A Consent to Encroach document signed by James Roehrdanz Rev Trust, owner of the property with the common address
7211 Delmont 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 May 2, 2018 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,
ale� 019
Chris Ogg, PE
Assistant City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
C
April 25, 2018
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAiNARD, MAYOR
Re: Request for Variance (Patio) at 7211 Delmont Drive
Dear Board Members:
James Roehrdanz Rev Trust, owner of the property with the common address 7211 Delmont Drive, has requested a
variance from Carmel City Code Section §6-227 (a)(4) for the installation of a patio within a portion of the lot designated
as an easement. Generally, the patio is proposed to be installed at the location indicated on the attached exhibit.
It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to
the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below).
The Engineering 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. (we will record
the agreement for you)
2. Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the
improvement that, in the opinion of the City, represents a Detriment as defined in City Code.
3. Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required
by the restrictive covenants of the development.
Respectfully,
Chris Ogg, PE
Assistant City Engineer