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HomeMy WebLinkAboutConsent to Encroach and Variance; 13900 Grisham Drive; Epcon Carmel, LLC; CTEDocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 WWW CI 10F CAMEL JAMES BRAINARD, NIAYON 3/21/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Deck overlook) at 13900 Grisham Drive Dear Board Members: A Consent to Encroach document signed by Epcon Carmel LLC, owner of the property with the common address 13900 Grisham Dr., 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 April 6, 2022 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, ;�7 Jeremy Kashman, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 (441 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Epcon Carmel LLC, 13900 Grisham Dr, 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"). WITNESSETII: WHEREAS, Owner owns Parcel 17-10-19-00-12-011.000 ("Lot") in COURTYARDS OF CARMEL, section 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 the reference; and WHEREAS, the official plat of the Subdivision was recorded in PC 6 SLIDE 205, Instrument Number 2021-88205 in the Office of the Hamilton County Recorder on 12/08/2021. as COURTYARDS OF CARMEL, section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a Deck overlook 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 Easement identified as "10' D.L•'."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 Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 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 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: 5763FED6-9E94-4233-BEB5-3F762D281573 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 clTective date of this Agreement. 12. Owner agrees not to alter the ground surface elevation within the limits of the casement at any time. 13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing Neater on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. "OWNER" R" PROPERTY OWNER PROPERTY OWNER Printed Name Signature Date: STATE OF INDIANA ► ) SS: COUNTY OFttrti �,,,, r Before me, a Notary Public in and for said County and State, personally appeared trvovs ""' '1-f c I (L 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 P)urr4 _, 20 a a My Commission Expires: 405)-06-A0-).`f CAROL A DIXON Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0733529 My Commission Expires May 6, 2029 0" NOTARY PUBLIC Printed Name My County of Residence: Ifcw, [ " e yl DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGI I ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Not Present James Brainard. Presiding Officer Date: Docu9ipned by: M.ay� Ql�.u.1°.rw�t, M 4 0e, Member Date: Do uftmd by: gm*W6%ember Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) ZDocuSipned�by�: '�!j , w V Sue Wolfgang, Clerk Date: 4/6/2022 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 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 6t, tlay of April , 20 22 HOLLY J. HARMEYER ?a•••.�e'; Notary Public, State of Indian Hamilton County SEAL; r •• r ? Commission Number NP073799 My Commission Expires My Commission Expire December 15, 2029 12/15/2029 NOTARY PUBLI(/v Holly J. Harmeyer Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square. Carmel, Indiana 46032. I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Jon Oberlander, Esquire DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 Z O w VI w Z a v� U w ce w O *- On w Lai »� w u; z n0 '�'Ow^ Liu, ZO; "sM. M.,n ^�ZU �rLno:a 3U dd u.wO Q*-'Q0 0 LLO0 Gig►-u <LOti-> .r D << 00 �►=rn *-�R- o•a-ww oI.- o2ww _jLL L u. 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