HomeMy WebLinkAbout14518 Bexley Drive2018043726 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN LSB
Recorded as Presented
II II II II I II I I I I I I I I III II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Maris and Anna Kancs,
14518 Bexley 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 Works and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 7 ("Lot") in Ashton, Section Number 1 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 1, Slide Number 151, Instrument Number
9100973 in the Office of the Hamilton County Recorder on January 10, 1991, as Ashton, Section Number 1 (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 10 foot Drainage and Utility
Easement, identified as "10' D&UE" 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 0 2. rte- ; and
s
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 thi s 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.
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"
Maris Kancs
—Sinature
Date:
Anna Kancs
_�,C-,Ucm
Signature
Date: 3 S ' k-1
STATE OF INDIANA )
) SS:
COUNTY OF kVR%V1 i Z:1 \ )
Before me, a Notary Public in and for said County and State, personally appeared Maris and Anna Kancs, 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 1� C� C 20 I
NOTARY PUBLIC
My Commis Ori EX Tre}s: `"'o,®�®��®eRBSB�#
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"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
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BY:
J#mes Brainard, residing Office
Dale:
1171�eZl
Ma ABurke, e be
Date:
-17
Lori W
Date:
ATTEST -
Christine S. Pauley, C -Treasure
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.
1
Witness my hand and Notarial Seal this day of 413 '20
f
M C minis n Expires: NTD
PUBLIC
My p s: DIANNE WALTHALL - `� L �fU t
Seal Printed Name
Notary Public - State of Indiana
Hamilton County My County of Residence:
Uy 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
T
UA
Spell'on One
t`�econdary Plat
Submission Date. Uarch 16, 1..990
I. the undersigned, a %qislgr*d Land Sur *yar in the Stalk of Indiana.
hereby certify Mal the within plat ,scale a 0-og and subdivision of
part of the Northeast Quarter of Scaij7ly' 7.Zip 18 North, Range 4
East, MY TouWAip, Hamilton County, pa
Indiana, marr ri"ariji described
as folious
Como ening at the Noritheast corner of the Northeast Quarter of Section 20,
rou hip IS North, Range 4 E". C1QY Tvwftshijx Hamilton County, Indiana;
Wnr� ,North 89 degrees 35 minutes Of seconds West (assumed bearing) on the
.North line of said Northeast Quarter 1162-39 fret to a point located South
89 d4gnts 35 minulks 01 second East 179.16 fist from the Northwest torn"
of the Par 11als' of said Neel oast qlayltr, said point being the Paint of
beginning far the eruct herein described; thtletv South OZ degrees 19 minutes
13 seconds Fast 183 t2 feet; thence South 84 degrees 10 minutes 52 seconds
East 136 38 fret; t South 00 do If minutes 25 seconds West 591-43
feet, thence !North 89 degrees 36 minutes at "condo West 26.8o fret; thence
South 13 degrees 07 mintdc' 46 Monds East 164,44 fivd; Monte South 18
degrees 22 minutes 22 seccrids Vest 52.77 Jest, thence South 17 degrees 44
minutes 59 seconds fast 134.19 feel; thence South 55 degrees 37 minutes 30
seconds West d241 jM; thence South 00 degrees OZ minutes 43 socands East
298-96 14t; ihereo youth 60 de 35 minutes 27 seconds 149 165.55 feel;
thence South 14 degrees 56 minutes ZO seconds East 50,73 JlM; the," South
13 degrees 20 minules 28 seconds fast 153.63 fret, thence South 77 degrees
W Mil"Itfs 38 sfmnds West 44 41 feet; thence South 19 de es 34 minutes 0
seconds West 90,59 feel; thence South 07 degrees 57 minutes 32 wc*n& West
97.44 ftet, thence South 04 degrees 32 minutes 19 se East 17723 pet:
iharwi South 37 degrees 45 minutes 52 stcands East 4253 ftet; then" South
89 dryufs 31 minutes 47 wcondy East 452.24 feet, thence A164h 32 degmes
Of minutes 52 seconds East 33.37 feet; thence North 00 degras If minutes 22
WCOZY Post 332.64 lftkel; thence NOrth 92 dOlf?"s 49 minutes 32 seconds tog
15125 feet; thence North 79 dagnots 07 minutes 47 seveedla &at 50.95 fi#i,.
thence South 99 6vive 48 minutes 38 Seconds East 19040 M to the gjzg
line of sand Northeast Quarter. thence North 00 degrees it minutva 22
seconds East On the fast tine zf said Northeast Quarter 583.20 Jets to the
Southtest c of W No: Estate de'serlhed in Astd Batik 362, Page W in
the office of the Recorder of Hamilton County. Indiana; the South sa
degrees 51 minutes 59 seconds Vest (this and the twit cquraq art on the
Pertftw4l of the Real Estate described in Dwrd &ot 362. Pogo 141 in said
office) 277.10 fiet, thence North 00 degrees 11 minutes ZZ
t5124 ftef, lAtnet North 88 degrees 51 minutes 59 seconds East MIS Jkfi
to the Cast tine Of oald MM)414,11 Quarter, theme North 00 dRynerg tj
minutes 22 itttnds, East On the Fact line of said Northeast Quarter 320,30
Jsct- th`raf,Nath 89 &gMs 48 minutes 38 seconds West 4000 feel; thence
North 61 degrees 24 minutes 36 stcands West 413.29 fret;
tha%c, N;�h 78
degrees 1I minutes 55 "coots Vest! M'08 tot; fhmm ,'&Tfh 00 degrees 34
mtinutes 18 seconds LIA 130.00 Pet, thence Mv7tA 08 degrees 32 minutes 19
seconds Yfsl 5000 f1st: thence South 81 degrees V minifies 41 seconds irtat
612 ##1. thence North 20 degrees 39 minutes 11 seconds West 18803 feel;
thence North 13 degrees 38 minutes 37 seconds Ftst U-24 fiet; the" Maith
00 degrees U Minutes 59 $#eO'nAs East 166 V JIM to the North line of said
Northeast Quarter, thence North 89 de VM 35 minutes 01 seconds Yost an the
North line of said Northeast Quarter 39254 fief to the point of beginning,
containing 38 44 acres, more or less,
subjirci to the right-of-coav for Hazel Dell A"oL
Sub)tcf to the right-of-way for 146th Street.
Subject to all Oltul legal ease. nts and right&- of- way
This Tut"llviliOn consists of 55 lots, numbered 1-9, 38-57, 73-76. 80-92' go,
too and 102- fO7, all iactwiw� Black A. and ItIlItl ass herao,, The
Size Of the lots and Flack and the width of the street rights-of-way an
s in figurers denoting feet and decimal parts thereof
Witness my signature hii day of
H.
India. 910398
sF
STA" F- TF
A
March 10, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Consent to Encroach (Fence) at 14518 Bexley Drive
Dear Board Members:
A Consent to Encroach document signed by Maris and Anna Kancs, owners of the property with the
common address 14518 Bexley 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 March 29, 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
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
JAMES BRAINARD MNYOR
March 10, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Fence) at 14518 Bexley Drive
Dear Board Members:
11
Maris and Anna Kancs, owners of the property with the common address 14518 Bexley Drive, have
requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a fence within a
portion of the lot designated as an easement. Generally, the fence 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.
Respectfully,
Jeremy Kashman, PE
City Engineer
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineeringgcarmel.in.gov
Exhibit B
SURVEYOR LOCATION REPORT
I hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date
indicated and that to the best of my lmowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC I-1-12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
Note: Psrce locations shover are approximate.
An accurate boundary survey is requirad to
detarmine 9x,3ct locaticf s.
Nota: Cue to the )ocx of qualified
monumantatior, found, the accuracy
of tes report is iim tsd to 3'i
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2854 E. 96th St., Indianapolis, EST 46240
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CERTIFIED: 12/23/2016
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Chad D. Hahn
Registered Land Surveyor,
Indiana #20300031
Job No.: 2016121310
Sheet 2 of 2
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2854 E. 96th St., Indianapolis, EST 46240
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STAiE Of
CERTIFIED: 12/23/2016
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Chad D. Hahn
Registered Land Surveyor,
Indiana #20300031
Job No.: 2016121310
Sheet 2 of 2