HomeMy WebLinkAboutRECORDED_3973 Bear Creek Way2022044454 ENCR $25.00
09/08/2022 04:06:09PM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
CocL.Sq,i Ervelope 40. 42ADFD07-04244C64-9F08-3FE95EED7CSC Recorded
Its II II Presented
I II I I I I I I I I II
EIC
CONSENT TO ENCROACH
I 1IS CONNIiN 1 10 LNC ROACa I (hereinafter the "Agreement'•`, is entered into by and between Herman, Scott A & Elizabeth INC
Hear C.•t'eck Way. Carmel, I hunihou Cuunly. Indiana 4607C (individually and collectively, '•Owner"l, and the City of Carmel,
I Innrilton County, Indiana, by and IhrnaRh its Hoard of Ptthlic Works and Safely ("City").
W11 NESSET[1:
W1fl7.ltliA.S, Owner Owns in lie simple Lot 101 ("Lot") in OV1i1113ROOK FARMS, section 3, which is located within the corporate
limits ofthe.. City ofCarntel. Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and
incnrporalcd herein by [fie reference: and
W 1 ll:RI::A-,, the official plat of -the Subdivision was recorded in PC 5 SLIDE 275, instrument Number 2014-53278 in the office of
the I lan=iltnn C•Ottolj' Recorder on 11l7.4I2014, as OVRRHROOK FARMS, section 3 (the "flat"): and
W1ll:,REAS, the current Owner wishes to install a Pool, pool decking and landscaping on the Lot (the "Site
huprnvemcnt•)> alnd
W'IIER)"Ati. Owner has given the City a sketch ("Sketch") depicting the location of the Site improvement on the Lot, a
copy of which is Mulched hereto and incorporated herein by this reference as Gxhibil D; and
Wlf):iREAS, the Site [Inprovemcni will he constructed on portions of the Lor designated as 50-(not and 15-foot
Drainage and Utility Easements. identified as "50' Easement and l5' 1).3tU.ls."on Lxhjbit 13 (the "E'asarlent"); and
WREREAS. the Easement is beneficial to the City and its residents and
W11HU:,AS. as indicated on the Sketch, the Site lmproventenl will encroach (the "[incrcachmeut") upOn the Faselnent.
which 6ineronclnnenl is crosshatched Oil 1,?,Xl),ib[t 13; and
VVIII.REAS. (lily of Carmel Hoard of Public Works and Satety approves the Owner's request for a variance from
Curnef�l Cily ('ode Section h-J1'714): and
�1'l ll>ItEAS, Owner ttnd City acknnwlcdke the location of the 14nf:roaclunenU and
WHI.RLAS, Owner acknowledges that [his Agreement does not imply any approval of existing or !inure improvennnts
iwl imik:med lly Owner on Exhibit 1.1; and
Wlll:lU:AS. the IMMILM of the Site Improvement as utdicaled by the Owner on IE hibit_ 13 should not materially
:ntcrlcic frith the (.Ily. a5C Of•I[le I',a5elnt411t.
DocuSign Envelope ID: 42ADFD07-0424-4C64-9F0&3FE95EED7CBC
NOW, `THERL'FORE. 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;
l . The foregoing preambles. recitations and definitions arc 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
(H) Owner complies with nil of the tennis 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 E h'b't , 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 deerns
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 die 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, regnrds the City's Easement interests only, and does not constitute permission or authority for the
Owner to otherwise enter am, in, under, over, or ulxin the property interests of any other person without that
person's consent event if such property interests are also located within the i'sasement.
G. Owner agrees to 'rndcninify and hold hanniess City, its officers, officials, tnernbers, employees, invitees,
licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees
and costs arising front any bodily hurry and/or death, and from arty destruction or daniage to any property or
improvements, located on tite 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 F-asement. and any improvements located therein caused by the installation, construction,
maintenancc and/or operation of the Site Improvement.
8. Die parties agree that the teams of this Agreement shall be binding upon and inure to the benefit of their
respective heirs, administrators, successors and assigns.
9. I'hc 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. Nis Agreement shall be effective as of the dale on which it is last executed by a party hereto.
DocuSign Envelope ID: 42ADF007-0424-4C64-9F08-3FE95EED7C8C
1. I'lrc 0x3mer ag rccs to provide li+ll 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 effective dale of this Agreement.
12. Owner agrcvs itot to alter the ground surface elevation widiin the Ihnits of the easement at any time.
13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the I-ot or
adjacent properties determined by the City to be resulting from the Encroacimtent,
.0'"E 'l
PROPERTY OWNER
�r-r L4 L t2A^,A AJ
Printed Name
Signature
STAFF OF INDIANA )
} SS:
COUNTY C.1I'
PROPERTY OWNER
Hiz,ab oTb �rt�i4t�X�
Printed Name
Signat t e
Date: "0?04Qc2
Butore me. a Nolary Public in and for said County and State, personally appeared
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROAU I' as his or
her voluntary act and deed.
Witness lny hand atad Nolarial Seal this day of
J.
My Commission Expires: NOTARY PUBLIC
,T
------ Printed Nasne
PA M E L A L. H A 11
Notary Public, State of tndlane My County of Residence;
rSEALin= Marion COU01Y
Sill, ; +� Commission Number 670SIA
„' tV,$ My Commtastoo Eanttea
DocuSign Envelope ID: 42ADFD07-0424-4C64-9F08-3FE95EED7C8C
.101-y'.
CITY OF CARMEL, INDIANA,
RY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date: _
20-219.d by:
Tffkc Member
Date:
9/7/2022
—Oxu9lenN 6y' �r
rori �afSou.
. ir1°Pl�R1Y°"Mem bar
9/7/2022
Date:
Doeu9lgned by
due ftffih t�te'rk
Date: 9/7/2022
S'li IT" OF INDIANA 1
SS:
COUNTY OF HAMILTON )
Before nit, a Notary Public in and for said County and State, personally appeared ,
MARY ANN BURKE and LORI WATSON, by the 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 "CONSENTTO ENCROACIT' on behalf of the City of Cannel,
]ndtana. �
YL=J 5eptember 22
Witrtcss my hund and Notarial Seal this day of ___._ _,__ _ _, 20.
EE--:SEAL'�'t
H0y1_u li HARMEYi&nNotary Pubilq, 5tats of Indiana Hamilton CountyQ 4
Cemmission Number NPe'737a82My Commission Fx fires: My Commission Expires NOTARY PUB .IC
pDecember 16, 2029
H011y J Harmeyer
12/15/2029
Printed Name
My County of Residence:
Hamilton
This instt•wnem was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel,
Indiana 46032.
1 aflinn. under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this
docurucnt, unless required by law. Jon Oberlauder, Esquire
Exhibit A
Land Description
Acreage .32 Section 19, Township 18, Range 3 OVERBROOK FARMS Section 3 Lot 101 Irregular Shape
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