HomeMy WebLinkAboutCTE - 12072 Sigillary Way - Thompson; Consent to Encroach and Variance; 12072 Sigillary Way; Terry andDocuSign Envelope ID: 66615DF3-9C41-4654-A312-7ECD21F192F5
�t
EL
_%AMEs BRAINARD, I'VIANX-M
2/7/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (pergola posts) at 12072 Sigillary Way
Dear Board Members:
A Consent to Encroach document signed by Thompson, Terry J & Linda M h&w, owners of the property with the
common address 12072 Sigillary Way , 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 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
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD2lF192F5
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Thompson, Terry J & Linda M h&w,
12072 Sigillary Way, 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 44 ("Lot") in THE HAMLET AT JACKSONS GRANT, section 2, 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 the reference; and
WHEREAS, the official plat of the Subdivision was recorded in PC 6 SLIDE 6, Instrument Number 2020-71814 in the Office of the
Hamilton County Recorder on 10/08/2020, as T HE HAMLET AT JACKSONS GRANT, section 2 (the "Plat"); and
WHEREAS, the current Owner wishes to install pergola posts 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 Variable Drainage and Utility
Easement, identified as "Var. 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 Cannel
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 Envefope ID: B6B15DF3-9C414654-A312-7ECD2lF192F5
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:
I . 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 8, 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 Improvment, 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. 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.
9. 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD2lF192F5
11. 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.
12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
13. 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"
PROPERTYOWIVF.R PROPERTYOWNER
P ' ted Name
Signature y' \ }
Date: /EDYyavv it oL Oaa
STATE OF IAA
//
PrintedName
A/a
SS:
COUNTYOF �Lt"-- )
j., iN�► rvl. r1a..Ps�•�
Before me, a Notary Public in and for said County and State, personally appeared Tmg1e`1 'T.
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. �,c&
Witness my hand and Notarial Seal this f day of r `� , 20�z.--
My Commission Expires: /0TA2RYP-UBLId �/
yO 91 G a�Q A . �G
/ PrintedName
My CountyofResidence:
OExpires�i-
Z 08/04/2024 +
Richard A Schaeffer
My commssmn s
,9` GG 978116
-''%. ,OF F 0� 01' •
DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD2lF192F5
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
DocuSigned by:
BY:
ames2r�►'ta°�q�s�tding Officer
Date: lam/ Lv
Docu6lpned by:
AW)WQV Lt fAAL
2/' � 002b2r
Date:
(::zlgned by:fine by:
V ttM Member
Date: 2/16/2022
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Docuft.ed by:
Clerk
Date: 2I16/2022
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD,
MARYANN 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/ � day of February , 20 22
HOLLY J. HARMEYER
Notary Public, State of Indiana
'Z SEAL;"= Hamilton County
+ +; Commission Number NP0737982
My Commission Expires l�j TARYPUB
My Commission Expires:
�niiim` December 15, 2029
Holly 3 Harmeyer
12/15/2029
Printed Name
My County of Residence:
Hamilton
This instrument was prepared by Jon Oberlander, Esquire, Interim Corporation 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, Jon Oberlander, Esquire
DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5
I III IIA%il I I'at
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