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HomeMy WebLinkAboutENCROACHMENT-CTE Pedro Anderson 13120 Broad Street-202210052022048875 ENCR $25.00 10/05/2022 03:42:34PM 7 PGS Jennifer Hayden DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-566CB612064E Hamilton County Recorder IN Recorded as Presented II II II II II III I II I I II II II JMZ p® CONSENT TO ENCROACH THIS CONSENT TO ]ENCROACH (hereinafter the "Agreement") is entered into by and between Anderson, Pedro IN & Jamie L, h&w, 13120 Broad St, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WlMI LSSEI'H: WHEREAS, Owncr owns in fee simple Lot 144 ("Lot") in VILLAGE OF WESTCLAY, section 10012, 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 3 SLIDE 752, Instrument Number 2005-70088 in the Office of the Hamilton County Recorder on 10/24/2005, as VILLAGE OF WF.STCLAY, section 10012 (the -'Plat"); and W FIEREAS, the current Owner wishes to install mulch beds and arborvitae on the Lot (the "Site Improvement"); and WHLRL'A5, Owner has given the City a sketch ("Sketch") depicting the location of the Site lmprovemem on the Let, a copy of which is attached hereto and incorporated herein by this reference as I:>hibit 13; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 20 foul drainage, utility and sewer casement, identified as "20' DLI&SI3" un Exhibit B (the "Easement"); and W'1 WRF.AS, the Easement is heneticial to the City and its residents; and WHEREAS. as indicated an the Sketch, the Site Imprncentenl will encroach (the "i.ncroachrrtetlt") upon the Gaseinent, which Encroachment is crosshatched on L xhibit B3 and WHEREAS, City of Carmel Board of Public Works anal Safety approves the Owner's request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and W'HF.REAS, Groner acknowledges that this Agreement does not imply an) approval of existing or future improvements not indicated by Owner on Exhibit 13; and WI-IEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit 13 should not materially interfere with the City's use ofthe Easement DocuSign Envelope ID: 4DC6iF31-AD50-4593-9425-588CS612064E NOW, T7iEREFORE,, 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 are 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 (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 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 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 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 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, clams,_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 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 Easement 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 respective heirs, administrators, successors and assigns. 4. The 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 the), represent 10, This Agreement shall be eflective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: 4DG61F31-AD50-4593-9425-58BCB612064E I I. The Otvner agrees to provide Cull disclosure of this Agreement to all persons, entities and others who acquire by or through Owner and- interest in the Lot on and aver the effective date of this Agreement. 12. Owner agrees not to alter the ground surface elevation within the limits o1'the easement at any time, 13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water oil the Lot or adjacent properties determined by the. City to be resulting from the Encroachment. "OWNER" PROPERTY OWNER Printed Name. Si nature J Late; PROPERTY OfIW R Loh" E€dfLJ Print,: Name Prink Signature Date:a.... STATE OF INDIANA ) fSS: COUNTY OF Before me, a Notary Public in and for said Caunty and State, personally appeared by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. �j �_ Witness my hand and Notarial Seal this day of 7_ 20 / My Commission Expires: 'OT BI,1C Printed Name My Count% of Residence: _ ^� AMY JO NOTARY PUBLIC STATE OF INDIANA SEAL COMM1SSiOII NUMBER NP9733198 MY COMMWON EXPIRES APRIL 16, 2919 DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Not Present James Brainard, Presiding Officer Date: Date y��l��r rroozy inn y I_ v1.61 0iadibtn 41Vt mlamber Date: 10/5/2022 �---- Dau9lQnetl by: S..e. Wa4 Date, 10/5/2022 "er OLLYJ. HARHIEYER ny ' NotarY PuSiic. State of Indiana STATE OF INDIANA ) s' Ii Hamilton County * o Commission Number NP0737982 SS: r n... , MY Commission Expires COUNTY OF HAMILTON ) " December 15, 2025 Before me, a Notary Public in and for said County and State, personally appeared JAMFS 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, Witness my hand and Notarial Seal this .) day of ®Ct©6e 202.2 My Commission Expires: 12/15/2029 a r � NOTAI Y PUII 1 Holly I Harmeyer Printed Name My County of Residence: -Hamilton This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel, Indiana 46032, I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required bylaw. Jon Oberlander, Esquire DoeuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E Exhibit A Land Description Acreage.51 Section 2B, Township 18, Range 3 VILLAGE 01: WL'S3TCLAY Section 10012 Lot 144 Irregular Shape DocuSign ENvelope I0:4DC61F31-AD50-4593-9425-58BCB6120646 s C ITS', '(J►�' ���� IVI F. I.. J, Mv--s Btt.uNARD, NLar(na 9/1912022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (mulch beds and arborvitae) at 13120 Broad St Bear Board Members: Anderson, Pedro M & Jamie L h&w, owner of the property with the common address 13120 Broad St, have requested a variance from the Camrel City Code Section 6-227(a)(4) for the installation of a mulch beds and arborvitae within a portion of the lot designated as an easement. Generally, the improvement is proposed to be installed at the location indicated on the attached exhibit. It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners). Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. (we will record the agreement for you). Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the improvement that, in the opinion of the City, represents a Detriment as defined in City Code. Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. Respectfully, Jeremy Kashman, PE, City Engineer ,PIROPOIS-E,D--D,IEIVELO.IPM-EINT -Pll-A.Nl VILLAGE OF WEST CLAY - L01'144 PART OF SECTION 28-T 1 8N-R3E, CLAY TOWNSHIP, MADISON COUNTY, INDIANA ce) st S t'REF—1