HomeMy WebLinkAbout14239 Antiquity Drive2018043747 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN SAG
�4RO°
CONSENT TO ENCROACH
O�1
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between PM Development Holdings
LLC, 168 West Carmel 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 11 ("Lot") in The Grove at the Legacy, Section I 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 633, Instrument Number
2017003757 in the Office of the Hamilton County Recorder on 1/25/2017, as The Grove at the Legacy, Section Number IA (the
"Plat"); and
WHEREAS, the current Owner wishes to construct a paver patio 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 Utility Easement, identified as
"15' 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 I W i-+ ; 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 Owneregrees to record This ;Agreement,►n the Office of the Hamilton County Recorder:and to' "vide to City a,recorded
copy of same within. ten (10) business days. of the ef'f'ective :date of this Agreement, .1n Ithe event this Agileeirtent.is not
timely;recorded byit7wner, .Owner agrees and consents to City recording same, at Owner's sole expensa.
9 The partios .agree that the terms of this Agreement shalt be. binding upon .and inure. to "the benefit.of their respective heirs;
administrators,.successgts And assigns.
10. The parties executing; 'chis Agreement represent and warrant that they ,are authorized to enter into anti: execute this
Agreementfor and on.behalf of "the parry which they represent.
1. This: Agreement shall. be -..effective as of the date. on Which itis last executed ;by a party hereto.
11 The Owner agrees to provide hill disclosure of this, Agreeimerit to all persons, entities usid :others whiff acquire by or
through Owner any interest in the Loton 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, determified by the City to be resulting, 666. the Encroachnient;
"OWNER"
Authorized. Representative of
PMI Development Holdings LLC
Sign re
/2
Date.� �'
STATE O.F. INDIANA )
j Ss:
OuNTY OF. Y 1
Before me, a Notary Public in afid for said County and:State; personally appeared an Authorized.Represef'itative;ofPM
Development Holdings,L LC, 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 s' 2OL.
OUJ1NpR1
Iv1y Commission Ex fres:-
_cirDbP�r 2.21 P'rinted:NName
My County of Residence- KW
HEATHER R HITCHCOCK
Notary Public, State of Indiana
'NOTARY' Marion County
'•,SEAQ; Commission N 648522
My Commission Expires
October 23.202 1
ilyrrm
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: �) ����I r fn p '
James Brainard, Presiding Officer
ATTEST:
Christine S. Paule,Clerk-Tr fur r
Date: (�
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared , 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, IIndiiaan^a.
Witness my hand and Notarial Seal this day of l� �1 UK 1Q� , 20.
NOTARY PUBLIC�j�
M Co is io x r DIANNE WALTHALL /Aw Air= - `,441A � LL
eai Printed. Name
Notary Public - State•ot Indiana
Hamilton County My County of Residence: a c�'ia 14an
My Commission Expires Mar 16, 2024
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
THE GROVE AT THE LEGACY
SE,C'T10N" iME A
2tli706378T PENT
533.60
tili�l2017 0igSIM 3 MIS
. :. .
��ry[
INAUPLA.T
Jetutifer Navden
"'I"Ton County Retarder It
Remrdod
g
as Presented'
13��t�t���l�1i�J��1��1�9@Il9gll
(PART OF SEC. 2�; T18N, ME, I-T�- L T"O'N CO., IN)
ME GROVE AT THE LMACY
SEMONONEA
I,theundersignedRegistered Land Stmrytuherehyecrtifyheattheind dedthatcanacUyreprtsemsasubdivisionofpWofSedion23,Township18
NOnh, Range 4 Past of the2ad principal lv[i;clda%,Clay Township, Hamilton County, [ntliana; more parrieultn[y dmcn`bed as follows;
Beginning at tho Northwest comer of Th -Overlock At The Logy, Section Two: mocrdod as instrtunentNuntber2015058952,pig Cabir=#5, Slide
i/4ts, in tie Ofiix ofdla Rrcoidor ofHantilfon bounty: ludiaeia; said pointatso being a piitnt on spurve concave SouUcedy, Ute rad[ts poim ofsaid ctwo
being South 09 degrees 35 minutes 36 seixmds E,btJ581.89 feO Wm said point; them Easterly along Wd eunv 140.51 feet to ism point ofiarrgcmy of
said cutv0 to Ute POW Op HEGly1i'[NO,seid point boingNtn h 03 degrees 30 minutes 15 samnds West 1581.89 feel Roth a radius poin[ofsaid ctavn;
4 dunce North 00 ftmos 00 Militia 06 s8=16 East 135.14 feet; thence North 90 degrees 00 minutes 00 seMMb EnsI5;00 feet thence North 00 degrees
00 minates00 Seconds Pass 125.92 flet; Cher" Noah 90 degtces 00 minutes 00 see nda flat 56.00 feet to the point ofcwvatwc of a curve coneave
southwesterly; the sadiui point of said curve being South 00 tlegices 00 minuses QO seconds Fast 25:40 teat from said poim; thence soutitessturlyatong said
curvo 35.76 feet to the P06 oftax+gency ofsaid outve, said point being North 8t degrees 5T•mtnuteses gewrxls East 25.00 feet from rlto radius point.of
said curvg tbettce North 90 Qogrees;40,minutes Ott seconds Fast 140.25 feet•, theose Small UO degrees 00 minutes 60 seconds East 89.12 feet; t =t* sena t
86 degrees 2S minutes 35 seconds East 3.12 fcer, shence Soytll (t3,degn s 34 mtautes 35 srroetli>s West $0 feet. thence South 00 degrees 00 minutes 00
scoonds East 9738'fen to the NoMb4dadary Ofthe aforesaid Tlta tiver30ok AtThoi eln cy. Sxtlon hvo. dM following iwa (2) c0utsos otc aloogthe
Northern lyotu dory ofsaid Tht OvcdgoL A,tIbo Lcpcg; Stenon heti; (1) North 90 degiees 00 minutes 00 seeotids West 129.57 foci to a point on a C=cconcave snuthctly, the iadius point ofsaid curve bciog Swil00 degocs 00 minutes 34 seconds Fast 1,58t.89 feet f om said point; (2) westerly along said
. . ,curve9&x49%ctWtitspuintoftay.ofseid curve,saidpointixiitgNontiO3degrocs30itiitiuttslSsxottdsWestl;SSt.84feeifiumliret�divapoint
ofsaidcutvetottePolmopBEGINN17[NG,comaining1.24acres,tiwreorles9, subject to all legal ri84usof-ways easemems,utal:estdctions
ofrecoMs:
This subdivision,=L,ts of8 tats auntbered 1, 2,10,11,15A,15B, 22A, 22B (aIl WlU3ive) aad I blticl-labded Blwk `A". Ansa, Private Right of --Way
containing 0.38 Acres.Wdcd as Antiquity Ddvti and Broadacre.Co= The sine of lots and width of streets ane shown in feet anddecimal parts thereof:
Cross-Roferrnce is hereby nta4c to asurvey platdated JcOy 6, 2005 prepared by Setmcidrr Corpomtinn, t�ecorckd as lmtmtnottt Number 2A05-56989 in du
Office of t11c Rewnier of 1°lam[Iton Coutuy,tnGiana,
1, the undersigned, hereby cxttity that Iam a Registered Land Surveyor, licensed in compliance with the laws ofthe Slate of trxiiatrt and that Me within plat
it presets a subdivisiou of the lands sumaycd.within the cross referenced survey plat Will that to the best of my knowledge and belief them has been no
change from 410 matters ofsurvey rcwealed by the sass refemltcc survey on any lines that am contnon with the new subdivision.
Wit— thy signatmv this q-tdayof_,P&I1ra-V ,2016.
JAMES BWNAm, MAYOR
September 20, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Paver Patio) at 14239 Antiquity Drive.
Dear Board Members: -
A Consent to Encroach document signed by Jon Jarrett, Authorized representative of PM Development
Holdings LLC, owner of the property with the common address 14239 Antiquity 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 October 4, 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,
;Z
Jeremy Kashman, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
JAMES BRAINARD, MAYOR
September 20, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Paver Patio) at 14239 Antiquity Drive.
Dear Board Members:
Jon Jarrett, Authorized representative of PM Development Holdings LLC, owner of the property with the
common address 14239 Antiquity Drive, has requested a variance from Carmel City Code Section §6-227
(a)(4) for the construction of a paver patio within a portion of the lot designated as an easement.
Generally, the paver patio is proposed to be constructed 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
construction of the paver patio that, in the opinion of the City, represents a Detriment as defined
in City Code..
3. Petitioners shall obtain approval from the HOA for construction of the paver patio if such
approval is required by the restrictive covenants of the development.
Respectfully,
eremy Kashman, PE
City Engineer
EXHIBIT B
Limits of Encroachment