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Home My WebLink About13180 Regina Drive2018043722 ENCR $25.00 09/19/2018 03:30:44PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented SAG 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 Michael & Aimee Clements, 13180 Regina Drive, Carmel, Hamilton County, Indiana 46074, (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 24 ("Lot") in Hadley Grove which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision's, 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 215, Instrument 2014024270 in the Office of the Hamilton County Recorder as Hadley Grove (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 a drainage and utility easement, identified as "15' 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 1111 GI 11b ; and K(-- Ac- WHEREAS, G 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. 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. 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" MICHAEL CLEM IS= Signature Date: ID I ate_, STATE OF INDIANA ) ," ) SS: COUNTY OF -A W i k u��l ) SALLY A CUTHBERT Notary Public - Seal State of Indiana My Commission Expires Mar 27, 2020 Before me, a Notary Public in and for said County and State, personally appeared MICHAEL & AIMEE CLEMENT S, 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 k? day of � 2A . Q. O Y P LIC My Commission Expires: A I (u Cu �In�J2 l�- �_� 02.6 go Printed Name II 11 My County of Residence: "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKSSAFETY � BY: . i/L�� James ramard; Presiding Officer 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 / eday of 20/7. Y PUBLIC My Commis i n Ex ices i',4 itJ/UE G/—Tf�LL. /4 Printed Name DIANNE WALTHALL Seal y County of Residence: Notary Public - State=of Indiana Hamilton County This instrument wasP1[qq$ffyJE9We,14rporate 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 LAND DESCRIPTION: Part of the Southeast Quarter of the Northeast Quarter of Section 29, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana, described as follows: PROINNING at the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 29, Township 18 North, lunge 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana; thence South 89 degrees 36 minutes 49 seconds West (basis of bearing is North 00 degrees 26 minutes 00 seconds East INAD83 Indiana State Plane Coordinates - East Zone] on the East line of said Northeast Quarter) a distance of 1328.16 foot on the South line of the Southeast Quarter of said Northeast Quarter to the Southwest career of the Southeast Quarter of said Northeast Quarter; thence North 00 degrees 10 minutes 12 seconds Bast 985.66 feel on the West lure of the Southeast Quarter of said Northeast Quarter to the North line of the real estate described in Instrument No. 2012017794 in the Office of the Recorder of Hamilton County; thence North 89 degrees 36 minutes 47 seconds.East 1332.68 feet on the North line of the real estate described in said Instrument No. 2012017794 to the East line of.said Northeast Quarter, thence South 00 degrees 26 minutes 00 seconds West 985.72 feet on the East line of said Northeast Quarter to the BEGINNING POINT, containing 30.103 acres, more or less. \� 7965 East 106th Street, Fishers, IN 46038-2505 ' CARMEL, IN ' L, IN 0 CARM46074 phone: 317.849,5935 fox; 317.8495942 CLAY TOWNSHIP, HAMILTON COUNTY •1" = 30' EX61 �It LOT AREA: 11,700 Sq. Ft. M.F.P.G.= 907.8 M.LA.G.= 907.8 LOT COVERAGE= 39.8% T.C.- 906.61 OZ.D 07.0 90.Q0 AS BUILT ' 2D.00' 08.7 I, 08.7 COVERED 13.00' N PORCH co 37.00' � An G q•+ MODEL= SERENITY A 34.0' F.F.ELEV = 909.37 (SLAO)(RM) 0 LOT 25 i .7:6 6.0' �' O PROP. HSE L07 25 p m PROP. NSE O n ®� 2Q®' eC5 08.4 FU GAR. 61.3 E 7.17' 6.83' 809.03 HAG701 T.C.- 900.03 AS BUILT 0 25.0' 25%r- 16.0, — BENCHMARK TOP OF CASTING = 907.89 SOD: 291 f Sq. Yd. SEEDING: 4,773:k Sq. Ft. CONC. DRIVEWAY: 1,409:1: Sq. Ft. PRIVATE WALK: 169 f Sq. Ft PUBLIC WALK: 370* Sq. Ft. LOT 24 HADLEY GROVE INET. #2014024270 P.C.#5, SLIDE 215 ZONING: PUD 16.0' WSW REGINA I DRIVE LEGEND: XX.X PROPOSED GRADE PER PLAN XX.XAB AS BUILT GRADE S.S.D. _ _ SUB -SURFACE DRAIN SANITARY SEWER ® STORM SEWER W WATER MAIN W 3/4" WATER CONNECTION 0 0 0 < SWALE SANITARY MANHOLE STORM MANHOLE CURB INLET FIRE HYDRANT wv WATER VALVE E'AERGENCY FLOOD ROUP HAG705— T.C.= 907.69 AS BUILT 07.28 0 Crj_ ALL, UNDERGROUND SEWERS AND UTILITIES SHOWN ARE PLOTTED BY SCALE FROM "RECORD DRAWINGS' FURNISHED BY ENGINEER. PpF'�r��i iVO. 80040474; = STATE OF NOTE: THIS DRAWNG IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT. November 8, 2016 Board of Public Works and Safety One Civic Square Carmel, IN 46032 ,JAMES BRAINARD, MAYOR Re: Consent to Encroach (fence) at 13180 Regina Drive Dear Board Members: A Consent to Encroach document signed by Mr. and Mrs. Michael & Aimee Clements, owners of the property with the common address 13180 Regina 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 November 16, 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, J: emy Kashman, PE City Engineer ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT S:\BPW\1318OREGINADRENCROACHM ENT. DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering@carmel.in.gov C November 8, 2016 Board of Public Works and Safety One Civic Square Carmel, IN 46032 JAMES BRAINARD, MAYOR Re: Request for Variance (fence) at 13180 Regina Drive Dear Board Members: L Mr. and Mrs. Michael & Aimee Clements, owners of the property with the common address 13180 Regina Drive, have requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a landscaping within a portion of the lot designated as an easement. Generally, the landscaping 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. 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 approval from the HOA for installation of the fence if such approval is required by the restrictive covenants of the development. 4. Petitioner shall ensure that the person installing the fence locates the drainage pipe in the backyard drainage easement and installs the fence posts at least 4' from the centerline of the drainage pipe to prevent damage to the infrastructure. Respectfully, Bradley Pease, PE Staff Engineer DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov 7965 East 106th Street, Fishers, IN 46038-2505 ' "' "" ' """ "' "'" "` phone: 317.849.5935 fox: 317.8495942CARMEL, IN 46074 CLAY TOWNSHIP, HAMILTON COUNTY 1" = 30' Exh"'D it B LOT AREA: 11,700 Sq. Ft. M.F.P.G.= 907.8 M.LA.G.= 907.8 9. T.C. 906.61 LOT COVERAGE= 39.8 07.0 90.00 AS BUILT 07.0 06.45 07.26 REGINA o C DRIVE " o BENCHMARK TOP OF CASTING = 907.89 SOD: 20.00' 1 1 1 SEEDING: 4.773± Sq. Ft. 08.7 i0o F—covFRED 13.00' ini 1,409d: Sq. Ft. PRIVATE WALK: t: I PORCH PUBLIC WALK: 370 :b Sq. Ft. 37.00' n �� G 4" . ' MODEL- SERENITY A 34.0' STORM MANHOLE F.F.ELEV.- 909.37 (SLAB)(RH) 6.0' 'PROP. LOT 25 HSE 7 6 Q O L07 25 � m • 0 0 PROP, HSE n 200' 0 O M q w r 08.4 SOD GAR. 61-3 LINE909.03 7.17' 6.83 CONC. r bd OR �ORIVE 9'0/- 8 7 3.67td M SOD LINE a25.0'J25' t 7.56 L79 m p B.S.L vUl T S HAC705_ MH HAG701 0 08.7 16.0' zt - T.C.= 907.89 N AS BUILT 0 6 b T.C,� 906.63 � n 07.a AS BUILT I 5'SIY 90.00 06.45 07.26 REGINA o C DRIVE " o BENCHMARK TOP OF CASTING = 907.89 SOD: 291 ± Sq. Yd. SEEDING: 4.773± Sq. Ft. CONC, DRIVEWAY: 1,409d: Sq. Ft. PRIVATE WALK: 169 t Sq. Ft. PUBLIC WALK: 370 :b Sq. Ft. LOT 24 HADLEY GROVE INST. #2014024270 P.C.#5, SLIDE 215 ZONING: PUD LEGEND: FX-X--Xl PROPOSED GRADE PER PLAN XX.XAB AS BUILT GRADE SUB --SURFACE DRAIN SANITARY SEWER -�^-� STORM SEWER W WATER MAIN IY 3/4" WATER CONNECTION ° ° o SWALE SANITARY. MANHOLE �0 r� STORM MANHOLE CURB INLET FIRE HYDRANT YiV WATER VALVE EMERGENCY FLOOD ROUTE ALL UNDERGROUND SEWERS AND UTILITIES SHOWN ARE PLOTTED BY SCALE FROM "RECORD DRAWINGS' FURNISHED BY ENGINEER. t��ttun t t u ur,YYY �O 80040474 STATE OF /NDIAIAP' ,'�Y�Y+rn u t n utttttt```` d NOTE: THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT.