HomeMy WebLinkAbout201908270803FDS
2019039746 ENCR $25.00
08/27/2019 09:53:39AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111111111111111111111111111111111111111111111111111111111 II IIII
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Walter and Dorothy Pratt,
457 Burlington Lane, 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 21 ("Lot") in Williams Mill 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 2, Slide Number 52, Instrument Number
9709751254 in the Office of the Hamilton County Recorder as Williams Mill (the "Plat"); and
WHEREAS, the current Owner wishes to install a pergola on an existing deck 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 Easement, identified as
"15' 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 Works and Safety approves the Owner's request for a variance from Carmel City
Code Section 6-227(4); 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:
l . 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. 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.
9. 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 fiill 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"
Walter Floyd Jr Pratt
�1
Signature
Date:
Dorothy Ann Overstreet Pratt
2i6"��
Signature
Date:'
HEIDI BAGUER
. tP....� P otary Public, State of Indiana
'z°t :n= St, Joseph County
- -SEAL;
STATE OF 1NDIANA )
Commission # 709240
;� iN����w�:' My commission Expires
SS:
January 11, 2026
COUNTY OF <� )
Before me, a Notary Public in and for said County and State, personally appeared Walter and Dorothy Pratt, 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 \ 20-A.
NOTAR UBL.IC
My C{�mnpssion Expires:
1 119109 (,�- Printed Name
Q
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: ��-
ames Brainard, Pr n „Officer
Date:
Mari Ann 13�Irke, M
Date: /
namo
Lori W�tson, � I
Date:
ATTES
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, Cleric -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 Seat this6A'day of 20A.
N RY_ PUBLIC
My CommissionEx / ®-
Printed Name
�IANNE WALTHALL unty of Residence: AA
Seal
Notar
Y Public • State
Hami t of Indiana
This instrument was pr "fti$�g �f$�j►t)Esquire, Corp -ate Counsel, One Civic Square, Carmel, Indiana 46032.
plies Mar 16, 2024
1 affirm, under the penalties for perjury, that I have a able care to redact each Social Security Number in this document,
unless required by law. Douglas C. Haney, Esquire
EXHIBIT A
f'orf of the Post Noll of tht Norrhml Ouorler of S06013, Township 17 North, Rongt 3 Eosl, olso being 4 Mr! of nn oyeroll perirneter description recorded in Deed Record 293,
coge 853 in the 011ice of the Rtcorder of Hamilton Cconly, Indiono, more port;Culori2 described os follows;
Seginnaq of the Sootheosf corner of fhe Nor!heosi Ooerter DI sold Beckon 3; Ihence South $9 degrees 46 minuteS 12 seconds Wosl 1333,56 feel to the Southwest corner of the
Cast Ho'! of lh► Northeast Cuorler of sold Section 3; thence North 01 degree 0 miouies 02 seconds Cost 197.70 Ittl; thtnct North OQ degrees 48 minutes J6 oeconds Eosl
459,34 (eel; thence North 89 degrees 46 minutes 12 seconds East vrollel with the South line of soil Null Guorttr Section 1321,12 leaf to the Eost line of soil Noll shrorttr
Section; Ihtnce South 00 degrees 00 minutes 00 seconds Walt along said 'MI line 656,86 feel to [he Point of hginninq, con oining MOO acres, more OHM,
JAINIEs BIZAINARD, MAYOR
August 14, 2019
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (pergola and existing deck) at 457 Burlington Lane
Dear Board Members:
A Consent to Encroach document signed by Walter and Dorothy Pratt, owners of the property with the common address
457 Burlington Lane, 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 August 21, 2019 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,
Jer ;myv Kashman, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
e
.JA�NMES BRAINARD, MAYOR
August 14, 2019
Board of Public Works and Safety
One Civic Square
Carmel, IN 45032
Re: Request for Variance (pergola and existing deck) at 457 Burlington Lane
Dear Board Members:
Walter and Dorothy Pratt, owners of the property with the common address 457 Burlington Lane, have requested a
variance from Carmel City Code Section §5-227 (a)(4) for the installation of a pergola on an existing deck within a
portion of the lot designated as an easement. Generally, the improvement 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
sump pump discharge line that, in the opinion of the City, represents a Detriment as defined in City Code.
3. Petitioners shall obtain approval from the HOB. for installation of the improvement if such approval is required
by the restrictive covenants of the development.
Respectfully,
>�2�
Jererny Kashman, PE
City Engineer
Exhibit 13 - Continued
EXISTING RESIDENCE ISIDE ATTACHMENT)
17' 7" L
t
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PC� 12958 Brighton Ave - Carmel, IN 46032-
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l Ph: (317) 987.7736
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Pergola Plan
i
21'-0"
Double 2x8x10' beam
SOUTH ELEVATION
24"DIA
24" DIA
48" DEEP
48"DEEP
CONCRETE
CONCRETE
FOOTER
EOOTER
(BELOW
(BELOW
FROST LINEI
FROST LINE)
Pratt Residence - 457 Burlington Ln, Carmel, IN 46032
EAST ELEVATION