HomeMy WebLinkAboutENCROACHMENT-CTE- 4635 Royal Oak Lane - Fisher-20220831DocuSign Envelope ID: 6AgF830C-961C-41CA-88AD-80607ASF8670
2022043298 ENCR $25.00
08/31/2022 04:27:27PM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented E
TGR
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Fisher, Roger Dean Jr & Jennifer
Creager Fisher h&w,4635 Royal Oak Ln, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the
City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 239 ("Lot") in BROOKSHIRE, section 4, which is located within the corporate limits of
the 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 PB 4 PG 31-32, Instrument Number 3643 in the Office of the
Ilarnilton County Recorder on 10114/1971, as BROOKSHIRE, section 4 (the "Plat"); and
WHEREAS, the current Owner wishes to install a Landscaping and drainage piping on the Lot (the "Site
Improvement"); and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a
copy of which is attached hereto and incorporated herein by tills reference as Exhibit B; and
WHEREAS, the Site Improvement will be construcled on portions of the Lot designated as 10 foot drainage and utility
easement , identified as" 10' D.&U-E." on Exhibit B (the -Easement"); and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement,
which Encroachment is croasbatched on Exhibit B: and
WHEREAS, City of Cannel Board of Public Works and Safety approves the Owner's request for a variance from
Cannel City Code Section 6.227(4); and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agrectnent does not imply any approval of existing or future intproveincnB
not indicated by Owner on L'.xhihit B; and
WHEREAS, the location of the Site hnprovenwrtt as indicated by the Owner on E.Khlblt B should not materially
inter Cure with lire City's use of the Easement.
DocuSign Envelope 10 6A9F830C-961C-41GA-88AD-8D607A5F8670
NOW, THEREFORE, Cora rid in consideration of the uuttual covenants and agreements contained herein and
other good and valuable consideration, the sulliciency and receipt of which are hereby acknowledged, the
parties mutually promise, agree and covenant as follows:
1. 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 ail of the terms and provisions of this Agrecnlenl,
3.. Owner euvenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise
change the Site Improvement Boni 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 tiny portion of the Site huprovenient 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 lawftil 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
3. 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 olherwise enter on, in, corder, 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, tram 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 of
improvements, located on the t,ot, or olherwise, and/or for any failure of proper disclosure pursuant to
Paragraph 12 hercol', which results directly or indirectly from any act of Owner, its employees, contraclors
and/or agents in, on, tinder, across or to the Easement.
i. 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 thcre n caused by the installation, eonstructinn,
maintenance and/or operation of the Site Improvement.
8. 1'he parties agree that the terms of this Agreement shall be binding upon artd inure to the henetil of their
respective heirs, adininisirators, Successors and assigns
9 The parties 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 be effective as of the date on which it is last execuled by a party hereto.
11. The Owner agrees to provide full 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 date of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or
adjacent properties determined by the City to be resulting from the Encroachment.
"OWNER"
PROPERTY OWNER
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STATE OF INDIANA )
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COUNTY OF � worl )
PROPERTY OWNER
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Printed Name
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ignature
Date:
Before me, a Notary Public in and for said County and State, personally appeared JCnn 4 'Fi'S1,t r and 1?V -F,56-
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. 4
s
Witness my hand and Notarial Seal thi.— day of 20V zli�rew
Z
My Commission Expires: NOTAR I LIC
pm,ft � /Zv Z ( S (tiro Cas%z
Printed Name
My County of Residence:
LUIS E Siate na
Public. of IndiaCO
Notary ub
SEAL '+ `=
Marion County
Commission Number 713577
of�i+„
My Commission Expires
May 17, 2026
L7ocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
DocuSigned by:
BY: F(/11
4, I-
Janes'Jf W4,TNsiding Officer
Date: 811712022
1-9MctY1Z �41b4 L
ii 'r BA1wwit o Member
Date: 8/17%2022
e&pne y:
toi 0J
%affeRM 6# R4ember
8%17/2022
Date:
nocuSlOned by:
Swl
Sue 11'ol81n 72022
Date:
HOLLY J. HARMEYER
STATE OF INRIANA ) Notary Public, State of Indiana
- SFAL.;'- Hamilton County
SS: ° s -Commission Number NP0737892
COUNTY OF HAMILTON ) , ' i>t:'' My Commission Expires
A` December 15, 2029
/����r1115r1��`
Before nic, a Notary Public in and for said County and State, personally appeared JAMES BRMNARD,
MARY ANN BURKE and LORD WATSON, by me known, and by me known to be the Members of the City of
Cannel 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 Camlcl,
Indiana.
Witness my hand and Notarial Seal (his" day of August 20 22
My Conintission Expires: NOTARY PUBLI
Holly ) Harmeyer
12/1S/2029
Printed Name
Hamilton
my County of Residence:
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel,
Indiana 46032.
affirm, under the pcnalties for perjury, that I have taken reasonable care to redact each Social Security Number in this
document, unless required by law. Jon Oberlander, Esquire
DocuSign Envelope ID 6A9F830C-961C-41CA-88AD-BD607A5F8&70
Legal Description; Acreage .00 Section 32, Township 18,
Range 4 BROOKSHIRE Section 4 Lot 238 Irregular Shape
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