HomeMy WebLinkAboutENCROACHMENT-CTE - 6932 Pickett Place-202206172022030372 ENCR $25.00
06/17/2022 02:58:49PM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH IIIIII I I IIII I I III IIIII 1111111111111111111111111111111111111111111111111 TGR
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Events, Jessica N & Brandon R w&h,
6932 Pickett PI, Carmel, Hamilton County, Indiaei 46033, (individually and colleclively,'Owner), and the City of Camel, Ilnnalton
County. Indiana, by and Iltmngh ifs Board of Public Works and Snfcty("City').
WITMESSE,TII;
WHEREAS, Owner owns in fee simple Lot 136 ("Lot") in GROVE AT THE LEGACY, section 4B, which is located within Ore
corporate limits of ilia City of Cannel, 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 65, Instrument Number 2021.14699 in the Office of the
Hunillun County Recorder an 0212312021. as GROVE AT THE LEGACY, section 48 (the "Plat"): and
W HEKEAS, llte current Owner wishes to install a patio extension on the LOI (the "Sire Improvement): and
WHEREAS, Owiter has given the City a sketch C'Skeleh') depicting the location of the Site Irnprovcmcig on the Lot, a
copy of which is attached hereto and incorporated herein by this refrence as Exhibit ;and
WHEREAS, the Site Insprovement will be construcled on Podions of the Lot demilnaled as 15•fool drainage and utility
ensement,idetniBedos"IS'D.&U.E."on .xhibit R(the "Enscment");Mad
WHEREAS, the Ememeal is bcnc Ecial to the City and its resi⋼ and
WHEREAS, as indicated an the Sketch, the Site bnprosTaenl will encroach (the "Encroachment"] upon the Eascocnt,
which Encrouchment is crusslnuchcd on x i ; and
WHEREAS. City of Carmcl Board of Public Works Ind Snfcty npprosti"s the Owner's request for a vnriancc from
C Camel City Code Section 6.227(4)1 and
WHEREAS, Owner aid Chy neknowlcdgc the localiun ul'Ihe L'nrrattchnrenl; and
WHEREAS. Owner acknowledges ]hill this Agreemen does not iinply any approval of existing or future improvements
nnl indimicc by Owner oar Exhibit ; and
WHEREAS, the location of the Site Improvement Is indiclled by ncc Owner on Exhibit p should not materially
interfere with the City's use of the Eascmcnt.
DecuSign Envelope ID: EEB8DDAA-244B-495A.8E87-2027A86s7A8B
NOW. THEREFORE, for unit in cunsidcration urthe inulual eoveranls and agreencnts contained herein Hill
other gaud and valuable cousttleraI ion, the sufficiency and receipt of which are hereby acknowicelgcd. the
parties mutuallypromise, agree and covenant as toIlows:
I. The foregoing preambles, reciOlin its and deliniiinits are made a part hereol'ns though such were rally
set forth herein.
2. The City consents to the Encruachmeu for only so long as
(i) the Encroachment exists; and
(it) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, recon Egure or otherwise
change the Site Improvement from what Is depicted on Exhibit B. and to maintain the Site hnprovcntenl to
goal condition anti repair.
4. Owner agrees that City shell have the right to remove ally portion of the Site Improvement as City deems
necessary, in City's sole discretion, to install, protect and/or repair oily utility lines, sewer lines air drainage
ditches located in the Easement, or for any other lawful purpose, and that. should the City Inke such action, the
('ity shall incur no obligation to repair, replace or reimburse Owner for the cost of any damnges thereby caused
to the Site Improvmcnl, the Lot, or to Owner
5. Owner agrees and acknowledges that [he City's consum to encreach upon fie Easement, as provided in this
instrurrwnt, regards the City's Easement interests only, and dots not constitute permission or authority for the
Owner to otherwise cuter on, in, under, over, or upon the property interests of tiny other person without that
persods consent even if such property interests arc also located within the Easement
6, Owner agrees to indemnify and hold harmless City, its office", officials, members, employees, invitees,
licensees and agents, frail and aguinst any and all losses, liabilities, damages, claims, judgments, alturney, fees
and costs arising from any bodily injury andlor death, and from any destruction or damage to oily property or
improvements, located on the Lot, or otherwise, andror for any failure of proper disclosure pursuer to
Patograph 12 hereof, which results directly or indirectly From oily act of Owner, its employees, contrrcto"
and/or agents in, on. under, across or to the Easement.
7 Owner agrees to reimburse City for oily antiall costs and expenses incurred by City in replace or repair any
damage to the Easement slid any improvements localed lherem mused by (he Installation, cunslruclion.
maintenance and/or operation of lho Site Improvement.
R. The parties agree that the terns of this Agreement shall be binding upon and inure to the henclit of their
respective heirs, administrators, successors and assigns.
9, l'he por(ies executing [his 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 he effective as of the date on which 11 is last executed by 4 party hereto.
DocuSign Envelope 10 EEBBDDM-244B-095A-8E81-2027AS6 IIASS
11. The Owner agrees to oraviJe fitl dlaebski a afthia Agrcnncln to ell per%om, cal it ics lord of hen who ucgohe
by or through Owner eny interest In Ibe Lot on and aAer dte eReelive dale of Ihis Agreen¢nl.
12. Owner agrees not to alter the ground s irroce eim,mion within ate mails of the easen,em at any rime.
13. Owner ii,mu la remedy any drainage problems or issues, saturaled soil or slanding wet ar an the Lot or
udjucent propertiesdelennlmd by the City to be rcanllirig rmn, the Eileroachmenl.
"OWNER"
PROPERrYOWNER
�1JUOJ sue. �hr.Y>
L'amt['�AAne
Slgnanlre
nine: I/I V 127.
PROPER IY OWNER
S�ICr.. IJ4<.nI
Printed Name
Haulm
2-
STATE OF INOIA I
SS:
('OUNTYOF
Uctom tire. a Notary Publie in and forsaidCounty and Stute,,crsmmllylippeamd /Vsrwrtol+a`_rSaSice�, (�Ve.r�
by me knorva, and who neknm, edged the cacernion arum foregoing "CONSENT TO ENCROACH oa his or
her vMunlary net enJ JccA.
Wimessmyhaerdand Nmerrel Seel Ihis G dayof— wfL_ ,20
My Cammisslon Rxpircs:
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O�•\dO�P:
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NO ARY YUNLIC
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My Car 1Y of kcsidcnen:
DocuSign Envelope ID: EEESDDAA-24413-495A-8E87-2D27A8611A8B
"CITY"
CITY OF CARMEL, INDIAN'A.
BY AND THROUGH ITS BOARD 01;
PUBLIC WORKS AND SAFETY
Ceoeoa pees ay
BY: A". I �
James Brainard, Presidingg Officer
Date:
6/15/20Z2
My 1 " tokc, Member
rZo: 6/15/2022
lh i wdsm
't0fFNEnlber 022
Date:
STATE OF INDIANA I
SS:
COUNTY OF HAMILTON )
- 0oeuslanee by:
15� "Wn
Sue Wolfgang, Clerk
Date: 6/15/2022
Before me, a Notary Public to mtd for said ComRy and State, personally appeared JAMES BRAINARD,
MARY ANN BURKE and LORI WATSON, by are known, and by inc known to be the Members of the City of
Cannel Board of Public Works and Safety, and Site Wolfgang, Clerk of THE CITY OF CARMEL, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACI I" on behalf of the City o1'Carmel,
Indiana.
Witness my hand and Nomrial Seal this 15ttUay of __June_
""""""• HOLLY J. HARMEYER
o?P'• �.:'I Notary Aublic, State or Indians
:SEAL.^= Hamilton County
=.'• . SCommitslon Number MP0737982 NOTARY PUBLIC
My Commission Expires: �'h„hoiaro�o`� My Commiast-on
- Expires
12/15/2029
Holly J. Harmeyer
Printer) Name
My County of Residence:
Hamilton
This instrument wns prepared by Jon Oberlander, Esquire, Assislint Corpor+1110n Counsel. One Cicie Square, C'omrel,
lndiana 46012.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this
duoumenl, unless required by IaW, Jun Obrrlander, Esapiire
D°NSI9n EnvMope ID'. EESSDDAP 24a8 495A 8E87-2027A8611A80
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6932 PICKETT PLACE
CARMEL. IN 46033
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LOT AREk 4.129 Sq. F1.
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