HomeMy WebLinkAboutApproved CTE - 3196 Driftwood CourtDocuSgn Envelope IC: AC19022C-A771-43C1-AI765598188AI584
2022039238 ENCR $25.00
08/09/2022 10:16:56AM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
I I I I I I I I IIII I I III I I I I I I I I I I HIM 1111111111111111111111111111111111 IN
CONSFNTTOPNCROACH
THIS CONSENT TO ENCROACH (hcmint the "Agreement") is entered into by and between tawis, Naman & Martel h&w, 3196
Driftwood CI, Carmel, Hamilton County, Indfena 46033, (individually and collectively, "Owner"), and the City of Camtal, Hamilton
County, [odium, by and through its Eased or public Works end Safety ("City').
W17NESSETII:
WHEREAS, Owner owns In fee simple Iql 75 ("Lot") in SMOKEY RIDGE, section 3, which is located within the wrisc ale Huila
of the City of Cannel, Indiana ("Subdivision"), which real eatata is more particularly described in Exhibit A. smelled hereto And
Incorporated hotel. by lho refemneo; and
WHEREAS, the official plat orthe Subdivision was recorded in PH 15 PG 10-13, Instrument Number S749155 in the Office of the
Handles, County Recorder on 11/2311997, as SMOKEY R1DOE, section 3 (the "Play'); and
WHEREAS, the current Owner wishes to install a 3' A 6' conemte, pool equipment pad on the Lot (the
"Sit. Improvcmeet"); and
WHEREAS. Owner has given the City a sketch ("Skemh') depicting the location of But Site Improvement on the Lot, a
copy ofwhieh is eueched hemdo and inearparated heroin by this mPorenea as Eah� %and
WHEREAS, the Site Improvement will be onnstructed on portions of the Lot designated as 10-foal drainage and utility
cowmen, idemifted As "Id D.&.U.E."an EEb bIt D (the "Easaamcot'j; and
W RPREAS, tho rsatemeot is benaftcial m the Ciy a.d its msidentA sod
WHEREAS, ALL indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement,
which Enon achmcnt is «ombelched op Exhibit ;and
WHEREAS, City of Carmel Bond of Public Walks and Safety approves the Owans mqumt far a valiance from
Carmel City Code Section 6.227(4); and
WHEREAS. Owner and City acknowledge the location of the bacruachmcm; =6
WHEREAS, owner acknowledges that this Agre.moal does not Imply any approval of existing or future improvements
not indicated by Owner on EEXhibi> t E; and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit H should not materially
inlerrem with the City'$ use of the Easement.
DocuSign Envelope IDAC19022C-A771-43C1-A176-659B1B8A1564
NOW, TitM—FORL', for and in consideration of the mutual covenants and agroomenls contained herein and other
good and valuable consideration, the sulliclency and receipt of which arc hereby acknowledged, the parties mutually
Promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a pad hereof as though such were fully set forth
herein.
2. 7hc City consents to the Encroachment for enly so long m
(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, inereaae, modify, alter, landscape, reconfigure or otherwise change
Lite Site Improvement from what is depicted on Exhibit B, and to maintain tho Site Improvement in good
condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement m City deems
necessary, in Citys 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, replaco or reimburse Owner for the cost of any damage thereby caused
to the Site Improvmenl, the Lot, or to Owner
5. Owner agrees and ackmwledges 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 ifsuch property interests are also located within the Easement.
6. Owner agrees to indemnify and hold harmless City, its officers, officials. mcnilic s, 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 Fiosement.
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 Iberein caused by the installation, construction,
maintenance and/or operation of the Site Improvement.
g. 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 panties executing Ibis Agreement represent and warrant that they ere authorized to enter into and execute
this Agreement for and on behalf of the party which they represent.
10. '1 his Agreement shall be effective as of the date on which it is last executed by a party hereto.
DocuSign Envelope ID: AC18022C.A771-43C1-A176-659818BA1584
11. The Owner agrees to provide full disclosure of this Agreement to el I Pcrsans, entities end others who acquire
by or Through Owncr any interest in the l.ot on and alter the clfcclive data of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any limo.
13. Owner agrees to remedy my dminage problems or issues, saturated soil or standing water on the Lot or
adjacent properties dctenninod by the City to be resulting from the Encroachment.
"OWNER"
PROPERTY OWNER
KoLf ,t k LtJoiIS
,
Printed
/QName
Signahua
Date:
STATE OF INDIANA )
�Infp) SS:
COUNTY OF `q'^ NI— )
PROPERTYOIYNFR
ri tl Um";
Printed None
Slgna
Dale Z112-2--
Before me, a Nolary Public in and For said County and Slalc, personally appeared IVd.'V11UN JII
by me known, and who acknowledged the execution of she foregaing "CON SENT TO ENCROACH' as his or
her voluntary act and deed. y 1
Witness my hand and Notarial Seat this J.. day of ^1GIV.t�I , 26L
My Commission Expires: NVT�4va
Or 3t V),Oj� t) Printed Name
My Countyof Residence: fi i 011 _
Jetlley Sch Seat
Nota Pit Sto
tale oblDdlana
MalionCoun%y 13lt2o2,3
MY Comm ssion No.tNP073537?
DocuSign Envelope ID: AC190220-A711-40C1-A176-659015BA1564
"CITY"
CITY OF CARMEL, INDIANA,
BY ANT) THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
A'Noublpn�teppd..,,,,by.
BY: jW(,S VrtUlAA4
BMftiMA 'I'Miding Officer
2/z/2022
pia
hta QI4JA, u3�1,
Y19F®ittka, Mambcr
2/2/2022
[�F1 �al�Sbtn.
Oaf 3P4alaetgddcm6e r
Date: 2/2/2022
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
F-ZaocuallIa''noo1d�by.
�/ w,
—esa+MOAtgaargc6aerk 2/2/202 2
Date:
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. '���"jy`-'
Witnessmyhand and Notarial Seat this0UdayofFebruary 20 22
My Commission Expires: NOfARY PUBLIC
Holly ] Harmeyer
12/15/2029
Printed Name
My County of Residence: Hamilton
This instrument was prepared by Jon Oherlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel,
Indiana 46032.
affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this
document, unless rcquircd by law. Jon Obcrlander, Esqure
,o�Pa�����@,,, HOLLYJ. HEM. o.� , Notary Public, S;SEAL;"= Hamilton'- ,Comm Union Num�2�a ;1 11`?,d� My CammieeDecember
I. the n.derel.nad, hereby certify that t0 lbe Oast of ny Draft aalunfil knuvledgt and Lrl laf the attached plat accurately r.nre+lnn a Worn. performed .M r
my, laps,
O1.1efolleua libruarp I9e7. of a part of the Pa.' Reif of settle- 19. Ta+nthlp to North. Range t list In Newton cooly, Jnalane, .ors pmHeuleeb
tu
La.aadna in, A pales he the Best Its. or the veld Senl !pen Nor I 6. delta. 03 do,'.. 11 sl net-- Zen 1•a tv.ed bear Irma 640.45 feet Of the ... Iheol corner
of the said Section menu all BB daSr••e 69 -[--in' Si se.uMv Nest per.I sal with Ill. South Ilne of the said Xe if UOtlon 1]t5Ab feet to the Ns et Ilse Or
Licata
the Beal heir Or the South sot Quarter of the geld Beatlnn Re •wb�411ehed on Seplraber 00 Blautu 00 utlM-
East
M IBBI es shown In Me basilica Cowly Sur reyory necaeda; mrol
North 00 deer!.. 01 al note• W a,coM. east Ol.0 the Old .art Ilne 'I90. LB feet t0 the Put.% Of Ea, lniog: thence North 90 degree[
aU.Te feet; there. Bluth 0o do.,-. On .]-utae Ede Bronmin peat Berne[ Edell strata North 9e deafen B9 .mule[ sx uaona. Bus p.r.n e1 with are South tine
per the said Nau Scott.. Rf.Os f1e21 the ... ... lh n degrees 00 +mates 00 second. lest 95311 feet m A cdeve he'll • radius or 1y5.00 feet. the radius
polar of which been South S. degree 11 .I nnl a. 92 re end- we 'hence Northerly along said carve la ea feet to a point which he... Nortb 97 deer—. 00
.mute. oe se once lest free ram radius pulnt: theater North rt degree. DO +muter 00 •emnda tut Iza 19 rut; three. North es degrees 11 minutes .'f .Brander
Be+e laa.w reel: mence xmin 15 aeerrn 11 .luutav Il aecone. Neat leaver rhea tMec. Nerlb t0 degrees Oa minuses a0 second. Best parallel with the Rome
line Of the Southeast Wer ter at me Sala .roan ana.99 reel twenty
North fe degree. 00 .]auto.,: tes 00 seconae rest Isa.bl feet-, [hence harsh ae ere{rev le
Blnuto 00 • antl. Fast TS.BI reap thence North n de.rua O slnnlne 00 seconds West 70.21 LMooe Souse TI de{reee CO Blnatn CO sOandB Ye•t m0.00
feet to a curve having B real u. Of e'IS.00 feet the radlua palm or "[all bears North rl does.. 0. +lout.. 00 ..condo East: trends Northerly Along sold curve
aa.91 feet to s print which bears South iY deer[[[ an minute., 00 encund- heal from said radlua pnlnb theme South
n degrlaa 30 +loofa 00 oec[ads Xeel
10.11i fact; theme.
South
R overall
W lnnata, W s, rwnedl Westlina PO.82 test to in@ rest to inw point
elec bt•Y. sense. the Bast
aal contHalaining Of the Old Bontor nees'e Qua. terry trance South
Do
sale eo➢dl vl elan consist. of 2,
lato nobered ST through d0 Inrlurlue. The size of the tole and width of the stews arrraho+s l- fl{urn eentl peg feet eta
Ancient Parts thereof. trd1NINM
i% a leaetsre thin 3o dA day of acfdner. lu-1 ��E�N'rfq�
Inv sx�lVg 2wxe,lotN Nu Ali
13�eminpc i+ 4028
Qn;aerl. OCR nose LF
glylg [swag. FIT" eB4TlOx L tDWPAMT. NID AT rNIrnOSJ O mllnu"
The ndenle-M. Peal Lipp. Ana 0. eves{ gn•rpe .... rs 0f the evl state now. adds deOrlbed train and renrded es lneteuaenl 087-90I31 In the Office .f the
estate in accordance with the within plot hereby
follokleg re.thal eele Uonslellmitationss lLd Ald <.v.mnts are hereby ].poseand do d !ot upon rf. and olel has IrunnMich low -
the tend
aid reel
aanmlud 1. ..In plat.
Mid subdlvlslon shall be hm'rn and designated •o SxOxsv RIDGE fiBCTInN TN.en a snl•divinluo In B Jlloo county. Indiana. Al Streeter aheme and not hereterare
dedicated are berelay deeluvd to the public.
Front building set0eck lines are hereby eelebl blrcll a- Aran tin IM1b plat between Well Isms dud the prlprly lines of the street, there shell be erected or
m.I.A.In.e Ede builds.( .r .,,—t.,e.
There AI. trip. of hound in •how. On Into purl and a•rhed ore inn.. Paul'... am GUILIN easa.ents, re..eed for the use of public utilities far he
inzm]I.LL.n Of at., antl .eo ..1... t.les, duct., line. end wfree subject .1 .11 times to the proper authorities and to the easement herein reserved. No
pereactor or other structure. or. to be mrpm erected or walnined amid etrlpu or Irma. but .Ono.. of lot. In this suWfvl.1— [Molltold, their tlllee,.alll
to the right. or Pa011c utilities
All lots In this subdivision arm reserved for reeldrnaiftl use, mesa to Lnlldls. other Wane noes reel ly rnmeor. per atluctcre or facility aresesry In uO
thereto .hall be written thermal.
Not won than ohs building shall 0< erected or Deed far remmential Purposes on any lot in 'Ill. mubaivlalon.
The ground floor sr.. of the .ale .tleture, vo lad ve of ...-star. span Part,— and ..raga. [hell not be In. than Two Tra...ad live Hundred (9400) .,note
an
Ocs uparehes nTnumalhal a'. Ea118011 91'a the
l
prearlda
structure ofmore than Otistory .hallhave Ie thensaggregate at Three Thousand ((3000)QVArefeet 0ffinisfinishedr and livable floor arm, garages ethatI
he attached 1. the In the resident. dwelllad be w minimum al three Or el-e unless approved by dow,luper am to np•eid lot restrictions.n
no trall,e. tent, aback. of Ocbad abed Mae;rmnt, girdle. 0•ne. or out -building or taw,cr,ry structure hot] be used for temporary or permanent reslGntt
•ay lot 1n this subdivision. a Bttvh.d area. Io"1 -lord per delannrd et ,rafter a,., Idle{ e,C,Ied n and dB 40 o r ,moo to a realdeoc+ In this ina lvbioe
shall low of per, —beat type of construction and center. to IhV genres al per 1. ltecture end npnnaranpr or eucb rerfdence
. .. . .,., ,..i _.. .., .... o., 1;..0 s11,...m -a es•r.-ens world
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