HomeMy WebLinkAboutENCROACHMENT-CTE - 849 Freeland Way-20220617OocuSign Envelope to EEB80DAA-244B' 9SA-8E87-2027A8811A85
2022030333 ENCR $25.00
06/17/2022 11:51:24AM 6 PGS
3ennifer Hayden LLP
Hamilton County Recorder IN
Recorded as Presented
I I I I I I I IIII I I III I I I I 111111111111111111111111111111111111111111111 IN
COISEST TO ENC'ROAC11
THIS CONSENT TO ENCROACH (hereinnRer the "Agr<enunt") is entered into by :out benweon Johnson. Duncan & Sally hc@w. 949
Freeland Way. ('Anuel, I la milton County. Indnain 416032. l individwilly and eollodivcly. "lhvaer'). and the City oI'Cervnl, Hamilton
County. Indiana, by vil Ihruugh its Rua at of Public Works and Surety I"City'").
\IITNESSETH:
WHEREAS. Owner owvns in tic simply i.ol 56 ("Lot") in NORTI I END, section I, tvhich is located within the cotponac limits ol'the
City or Carmel. Indiana ("Subdivision" ), which Will estate is 11101V panicnlorly described in Gahibit A. attached hereto and incorporated
herein by the rcterencc; and
WHEREAS. the otlicial plat of the Subdivision n'aa recorded in PC 6 SLIDE 78, Instmtucnt Number 2021-19541 in the Office ofthe
Hamilton County RacyrJer on 03111 2021, us NORTH END, section 1 (the "Floc"); and
WHEREAS. the current Owner wishes to inaall a window well on the Lot phe "Site hnprovement" ): and
WHEREAS. Owner has given the City a sketch C-Sketch") depicting the tuealion of the Site Improvement on the Ln6 a
copy of which is attached hereto and incorporated hcrciu by this tolerance as F.chi it 6: and
WIIEREAS, the Site Improvement will he constructed on Portions of the Lot designated as 5-lout Utility Easement ,
identified as "V U.E."on Eshibit B (the "Eascincnl" ): and
WHEREAS, the liasement is Eeneficrd to the City and its residents; anal
WHEREAS. as indicated on the Sketch, the Site hmpnwernent will eneroaeh lthe "Lncroachmcnt") alien the Easemnt.
which Encroachment is erosshalched oil Exhibit B; and
WHEREAS. City of C'nrmcl Head of Pabli,e Works and Sanity approves the Owner's r iluesn for a variance from
f-anllel City Cade Section 6-227(4); and
WHEREAS. Owner and City acknawledde the location al the hm wilchinenl. and
WHEREAS. Owner neknmvledges that this Agreement Joey not imply any approval ill' existing ur future Impruwrments
not indicated by Owner oil Ex(7i4i12: and
WHEREAS, the location of illy Site Iniprovemmt as linicatcd by illy Ou'ncr on CxiiLbL li should not inalyrlally
intertcre with die City s use of the na.envmt
Doct.Sign Envelope ID: EE88DDAA-244E495A-8E87 2D27AB611ASB
XO%V. THEREFORE. for anti in consideration of the moral cove hour and agreentenls anniuited herein iuld
t,Ilie I mood and valuable consideration, the suBiciency and receipt of mIrich are herchy acknowIoff Vd. the
parties manna I promise. agree :uul CIA eI1ll Ill as 1i01101M
1. The foregoing prenntblcs. tecilatimis and definitions are made a part hcrcol'as though such were 111I1y
xl forth herein.
I he City cnmtn[s to the lincroachmem far only so long os
(i) the Encroachment exists: and
I ii l Owner complies will' all of the tents and precisions o r ih is Agreement.
). Owner covenflom and agrees not to extend. increase, modify, alter, landscape, reconfigure or otltem ise
change the Site Improvement front what is depicted on Exhibit U, and to maintain the Site Improccmcni in
good condition and repair.
4. Owner agrees the City shall have the right to remove any portion of the Sie hnpnRT111 11 as City deems
necessary. in City's sole discretion, to install. protect nndor repair any oliliry 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 obligminn to repair, replace or rcimbum Owner for tiro cost of any damages thereby toured
to the Site linpnn-ntent. the Lot. or to Owner
S. Owner agrees and acknowledges that the City's consent to encroach upon the Easemcat, as provided in this
instrument, regards the City's Easement intcresu only, and does not constitute permission or aurhorily for Ilia
Owner to uthencise enter on, in. under, over, or upon the ptuperty interests of any other persun without that
person's conu:ul even if such property interests ore also loaned within the Easement.
6. Owner agrees to indcnulify and (told hnmdess C:iry. its oBiccrs. ofticiats, inembem, employem invitees.
licensees and agents, 1'rwn and against any and all losses. liabilities. d:unages, chaims,judgments, attomey fees
and costs arising front any bodily injury and&or death, and front any destruction or damage to any procay or
imprurcmcnts. lot;ned on the Lot, or otherwise, andror for illy failure of proper disclosure pursmml to
Paragraph 12 hercoL' which results directly or indirectly from any act of Owner. its employee, contractors
and.or seems in. on. under, across or to the Easement.
7. Owner agrees to reimburse City for any and all culls and espensys inettrted by City to rephlee or repair an)'
damage to the Easement and any improvements located tl,crein caused by the installation. construction,
maintenance and'or operulion of the Site Improvement.
4. The patties agree that the terms or this Agrconeut shall be binding upon and inure to the berelit of their
respective hcim. administmtam. successurs and assigns.
V. The parties executing this Agreement represent and warrant that they are arnhorized 1s, enter into and esccute
this Agreement for and on bdialf of Iha party which they represent.
10. Tllis Agreement shall be elleclive as of the date on %vhich it is last executed by a porgy Ircrou
DocuSign Envelope 1D: EE880DAA-244B-495A-BE87 2027A861 I A88
fhc o%Yucr sgrces to pim ido full disclosure of this Agiwwont to all persons, rmities and others oho acquire
by or through Omm any intore tl in the I.ul on and alter Ike orkelite date ofI lis Agreem¢ut.
12. Owner agrccs nut to alter Ilse ground surface elctwion within the lilnils of the cnselneol at any lime.
I }. Owncr agrees w remedy tiny drainage problems or iseucs. sauunled soil ur standing Walcr on lite Lot or
udjucem pruperlies downflIned by Ilse City lu be rcadling 1'r0111 the E11Ct'(M[11mCat.
"OWNER"
PROPER T 1' OWNER
Sally Johnson
P(inle4Z�R�
SlgltalLIN 5-27-22
Date:
PROPERTYOWNER
Duncan Johnson
Printed Nnll�
Signaturrrree 55�J�J�J_•lfff27-22
Date:
STATE OF INNA 1
1 SS:
COUNTY D 701 1
Before me, a Notary Public in and for said Cuunly and Stare, persorrdly appumvil
by me known. and trhn acknoMedgcd the exce Wim1 of the I'oteguing "CONSENT TO ENCROACH' as his or
her Yoluntiryacl and deed. J�.'x
\fitness my hand and Notarial Seal Ihi day of
My Commission Expires: f NOTARY PUBLIC
OG )Z�2_o L____.
OL
NOTARY PUBLIC
Cm.1im NumOal '
n NPa?22656
* '• \N0TARY9EAL .tv.
OF
Primed Name t
MyCounly o(Rusidcnce:
DaeuSion Envelops :D- EEBBOOM-2445495A BEST 2D27A8611AB6
"C'IT1"
(IT) OF C'ARME.L. IN DIANA.
B\'AND I HROUGH ITS BOARD OF
PUBLICWORKS AND SAFETY
Oocasgn^.• oy:
9 R1': A,"
Janes Brainard Prcuding Officer
Ubtec 6/15/2022
w.«sa T
6/15/ZIf�2t2
Date:
I lea idnfta..
LorirMhP.IPAN.aMLYlYbcr
Dale: 6/15/2022
STATE OF INDIANA 1
1 SS:
COUNTYOF HAMII.TON I
—Occust•nea by:
See. Wox"
Sue Woffgatp. Oak
Date: 6/15/2022
Before mc. a Nolary Public in ant! for snid Countyy and Slnle. persomdly appcnted JAI IES BRAINARD.
MARY ANN BURKE band LORI WA'I'SON. by me known, and by nicknow. to be the Members nl'the City at
Carmel Board of Public Works and Safety. and Sue Wolfgang. Clerk of THC CITY OF CAR,MEL. wbo
aeka., edged the caecnlwn or the furegoing "('ONSEN'r TO ENCROACH"ou behalf of the City n1' Coral et.
Indiana.
Willits$ my hand and Nularial Seal dtis 15%ny of June LU 22
_-
-����' �Do,��. Noury acblic. Byte el Indlene
'a-SEP�; "_ H.minen County ' —
;[ommlaylenNumbvNPolO)9Y3
My Calnlni$aflln 17ipir6 s MY Commlatlon Ex '
NOTARY PURV'
December 16.28i9 a Holly J. Harmeyer
12l15/2029
Prima) Nmnc
Hamilton
Nly Cuonty of Residence:
Tbi, instrument ens pmputed by Ian Oberlander. Layu4re, Asslstanl C.91.1.1ion Counsel, One Civic Spume. ('anucl.
Indiana 46022.
I al2ira. under the Pvna Oics fur perjun. Ih;a 1 have taken rcesmsble cure 4, redact curb Slkad Security Number In dux
docmnan, udeu rrntimd by law. Jon Oberlxnder. Esrptir<
Docu$t99 ElveloPe ID: EEB8DDAA-244B-198A-8E87 2D27A8611 A88
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