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HomeMy WebLinkAboutConsent to Encroach and Variance; 14275 Grey Oaks Ct.; Douglas & Cari Dobson; CTEDocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 CONSENT TO ENCROACH 'I'1IIS CONSENT'f0 ENCROACH (hereinaller the "Agreement') is entered into by and between Dobson. Douglas Miller & Cari Kay h&w, 14275 (fray Oaks Ct, 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 WI'fNESSE'f11: WHEREAS, Owner owns in fee simple Lot 24 ("Lot") in GRAY OAKS, 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 5 SLIDE 213, Instrument Number 2014-20027 in the Office of the Hamilton County Recorder on 05/28/2014, as GRAY OAKS (the "Plat"); and WHEREAS, the current Owner wishes to install a Concrete patio 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 Lol, a copy ol'which is attached hereto and incorporated herein by this reference as Exhibit 11; and WHEREAS. the Site Improvement will be constructed on portions of the Lot designated as 20-Foot Drainage Easement , identified as "29 D.E."on Exhibit B (the'-Easemenl"); and WI IEREAS, the Basement 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 ExhibitB; and WHEREAS, City of Cannel Board of Public Works and Safety approves the Owner's request for a variance from Cannel City Code Section 6-227(4): and WI IEREAS. Owner and City acknowledge the location of the Encroachment: and WHEREAS. Owner acknowledges that this Agreement does not imply any upprowal 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 C 11%'s use of the Easement. DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 NOW. "ITIEREFORE, for and inconsideration of the mutual eo%enums 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 hereol'as though such were fully set faith 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 Impruvement 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 basement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests orally 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 Pecs 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 othenvise. 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 Basement. 7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair uny damage to the lasement 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 respcctiwc 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 behall'of the party which they represent. 10. 1 his Agreement shall be e0ective as of the dale on which it is lust executed by a party hereto. DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 I I. 1 he Owner agrees to provide tidl disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Lot on and a0er thee [Teel ive date of this Agreement. 12. Owner agrees not to alter the ground surface elevation within the limits of the casement at any time. 13. Ooner agrees to remedy any drainage problems or issues, saturated soil or standing realer on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. "OWNER" PROPERTY OB NLI? :DOUG-lLkkS DoP�sOf�l Printed Name Signature �y Date: STATE OF INDIANA ) SS: COUNTY OF O- PROPERTY OIVNF.R Printed Na Signal Date: D Before me, a Notary Public in and for said County and State, personally appeared L SLICk by me known, and tsho acknowledged the execution or the foregoing "CONSENTTO ENCROACFCas higsAr�' her voluntary act and deed. Witness my hand and Notarial Seal this 05day of hL 1, , 20 �. °7i P e`r:�'•�� / •'•:rSStON :�•'' O My Commission Expires: NOTARY PUBLIC &rtt 6- 7— y Printed Name My C•ounn of Residence: CL DocuSign Envelope ID: C28BEB39-AA3A4A74-B5F6-707876087C77 "CITY" CITY OF CARMEL. INDIANA. BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: EmsH.. James Brainard, Presiding Officer Date: 5/6/2022 I � Qtiu. Et+ytt. Marv'Tnnruurlic Member Datc: 5/672022 a� i w 0Na, Lore atson, Member Date: 5/6/2022 STATE OF INDIANA 1 ) SS: COUNTY 01: 1IAMII:r0N ) Eoo.usio�.a by sue. "11-n Site Wolfgang, Clerk Date: 5/6/2022 Before me, a Notary Public in and for said Count)' 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 orn IE CITY OF CARMEL. who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmol, Indiana. // ILA Witness my hand and Notarial Seal this l9 1day of _ 20 M NIy Commission Expires: f g NOTAgp s, r = printed Name My County ol'Residence: This instrument was prepared by Jon Oberlander. Esquire. Assistant Corporation Counsel. One Civic Square. Carmel. Indiana 46032. 1 affirm. under the penalties for perjury. that I hate taken reasonable cure to redact each Social Sccuritc Number in this document. unless required by Imc. Jon Oberlander. Esquire DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 Exhibit A A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of said Quarter; thence North 00 degrees 15 minutes 46 seconds West (assumed bearing) along the East line thereof a distance of 1023.68 feet to the POINT OF BEGINNING, also being the northeast corner of Oakbrook Subdivision, recorded as Instrument #92-17543, Plat Cabinet 1, Slide 228, in the Office of the Recorder of Hamilton County, Indiana; thence North 89 degrees 21 minutes 16 seconds West parallel with the South line of said Quarter and along the north line of said subdivision and the westerly extension thereof a distance of 1326.25 feet to the West line of said East Half; thence North 00 degrees 10 minutes 41 seconds East along said West line a distance of 618.37 feet to the north line of 25 acres off the south end of the West Half of said East Half; thence South 89 degrees 21 minutes 16 seconds East parallel with said South line and along said north line a distance of 662.66 feet to the West line of the East Half of sold East Half; thence North 00 degrees 02 minutes 22 seconds East along said west line a distance of 328.97 feet; thence South 89 degrees 21 minutes 16 seconds East a distance of 662.42 feet to the East line of said Quarter; thence South 00 degrees 15 minutes 46 seconds East along said East line a distance of 947.36 feet to the POINT OF BEGINNING, containing 23.822 acres, more or less.