The URL can be used to link to this page

Home My WebLink AboutConsent to Encroach - Carmel BPWDocuSign Envelope ID: OCD3F9CC-5635-43g5-A495-376EA75AA6CC APPROVED By S.,gey 6—h.h Wl at 3;15pm, Aug 27, 2021 2021067486 ENCR $25.00 09/15/2021 03:50:43PM 6 PGS Jennifer Hayden LLP Hamilton County Recorder IN Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111NI CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between McDermott, Jeffrey C, 10375 Windemere Blvd, 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 89 ("Lot") in WINDEMERE, Section 5 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 PC 2 SLIDE 41, in the Office of the Hamilton County Recorder on 10/29/1997, as WiNDEMERE, Section 5 (the "Plat"); and WHEREAS, the current Owner wishes to install a Pool and pool 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 30- foot wide Drainage and Utility Easement, identified as "30' 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 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. DocuSign Envelope ID: OCD3F9CC-5635-4395-A495-376EA75AABCC 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 13, 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. S. 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. 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. l 1. This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: OCD3F9CC-5635-4395-A495-376EA75AABCC 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" Mcl)tt, Jeffrey C �7 eat : STATE OF INDIANA ) COUNTY OF L SS: Before me, a Notary Public in and for said County and State, personally appearedJeffrey McDermott, 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 2021. OTARY PUBLIC My Commission Expires: NOTARY PUBLIC SEAL STATE OF INDIANA Commission Number 694211 My Commission Expires 12/12/2024 Printed Name My County of Residence; �7 DocuSign Envelope ID: OCD3F9CC-5635-4395-A495-376EA75AABCC "CITY„ CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Not Present James Brainard, Presiding Officer Date: ------- r Date: 9/15/2021 DocuSlQned byuwsa uri Watson; Member Date: 9/15/2021 ATTEST: Detu8lyn►6 by: sue. w S e Wlr anj, Clerk Date: 9/15/2021 STATE OF INDIANA } ) SS: Notary Public State of Indiana - Commission # NP0723135 COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared 1AMES-- BItAff4A-RD, 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 Sue Wolfgang, Clerk 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 15 day of September , 2021. My Commission Expires: 10/22/2027 Jennifer I Stites Notary public Seal State of Indiana Harnilt n County Commission Nurnber NP0723133 My Commission EX Tres 1012 2027 This instrument was prepared by Square, Carmel, Indiana 46032. FDaeUslo"d by: 9V NO PUBLIC Jennifer Stites Printed Name My County of Residence: Hami 1 ton Jon Obertander, Esquire, Assistant Corporation Counsel, One Civic 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. Jon Oberlander, Esquire DocuSign Envelope 0: 00O3F9CC-5635-4395-A495-376EA75AABCC 1F n y43aeje 1.1111 V4l=, RIJ: @r m �� Eye='Yjyti§�� g��'i �}i �'� Erb s "`✓ �• ! � d �Yt �� _'a-' ay iz5 i• p35ER: � �i^ '� S�Y� � a t` I 1• �f� B &f gCg i 5$ r i a 0 WF # 3 ? b m tc DocuSign Envelope ID: OCD3F9CC-5635-4395-A495-376EA75AABCC Exhibit B SURVEYOR LOCN110N REPORT I hereby certify la the parties named above that the real estate described herein was inspected under my supervision on the dale indicated and [tat to the best of lay knowledge, this report conforms with the requirements in Sections contained 27 through 29 of 8651AC 1-1-12 for a SURVEYOR LOCATION RBPORT. Unless otherwise nosed therc is no visibleevidence of possession lines found, Nate: Pool and patio area extend 20't into Easement. Note: Fence locations shown ore opproxlmale. An accurate boundary survey is required to determine exact locations. I X Scale: 0=60' A4h�cy i Gas k f" X Gas Lu' get R 46 lLot mo 89 s; I tP v �N 0 4t•9 � Y ,T � ty 5 � k �� L q � - 178 91' Fance3 � Legend R/1V Right—ol—way — x 0, — x — Fence3 & U.E. oralnoge & W111ty D.U. Eosement & S.S.E. Drainage U1111ty & Sanllary Serer Esmt. B.L. Buffng Line HAHN SURVEYING GROUP, INC. Land Surveyors C� No. o .Z s CERTIPIF.D: 0$/04/2021 H 8923 N. Meridian Street, Suite 120 A 21100002 Indianapolis, IN 46260 = Chad L. Brown S PHONE; (317) 846-0840 ((317) 846-4119 � � ., $TATE Or :� � � Registered Land Surveyor, Indiana #21100002 rJ I MwA rdem@hahtt ng com /��o/SOU Rvt O` AQ Drawn S21� 8441 Job No a,I mvey : Sheet 2 of2