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Home My WebLink AboutENCROACHMENT-3563 Hintocks Circle-20211007DocuSgn Envelope ID: EE948027-2442-0FOA-8657-382B7DDA06E9 2021073052 ENCR $25.00 10/07/2021 12:59:48PM 9 PGS Jennifer Hayden Hamilton County Recorder IN LLP Recorded as Presented IIIIIIIIIIIIIIIII IIIIIII111111111111111111IIIIIIIIIIIIII111111ININ CONSENT TO ENCROACH ��YJ ✓AO THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Dennis and Laura Carafiol, 3563 Hintocks Circle, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"). Bridlebournre Homeowners Association, Inc. (the "HOA"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 4 ('Lot'7 in Bridlebourne, Section Number 6, a platted subdivision located within the corporate limits of the City and more particularly described in Exhibit , attached hereto and incorporated herein by this reference (the "Subdivision'); and WHEREAS, the official plat of the Subdivision was recorded in plat Cabinet 1, Slide Number 208, Instrument Number 9134257 in the Office of the Hamilton County Recorder on December 19, 1991, as Bridlebourne, Section Number 6 (the "plat"); and WHEREAS, the HOA wishes to install an underground electrical line, aeration pump and above -ground control box, together with sound dampening and other landscaping to screen and reduce the noise from the aeration pump and control box on the Lot (collectively, the "Site Improvements"); and WHEREAS, the HOA has given the City a sketch depicting the location of the Site Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B (the "Sketch"); and WHEREAS, the Site Improvements, will be constructed by the HOA exclusively on portions of the Lot designated as a 15-foot Drainage, Utility and Sewer Easement, and a 20-foot Drainage, Utility and Maintenance Easement, identified as "15' U.U.&S.E." and a "20' D.U.&M.E." on Exhibit B (collectively, the "Easement'); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the "Encroachment") upon the Easement, which Encroachment is depicted on Exhibit B; and WHEREAS, the City, as evidenced by its execution of this Agreement, approve the HOA and Owner's request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner, HOA, City acknowledge the location of the Encroachment; and DocuSign Envelope ID: EE948D27-2442-4FOA-8657-38287DDA06E9 WHEREAS, Owner and HOA acknowledge that this Agreement does not imply any approval of existing or future permanent improvements not indicated by Owner and HOA on Exhibit B; and WHEREAS, the location of the Site Improvements as indicated by the HOA on Exhibit B should not materially interfere with the City's use of the Easement. NOW, THEREFORE, 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: I. 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) the HOA and Owner, as applicable, comply with all of the terms and provisions of this Agreement. 3. The HOA and Owner covenant and agree not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvements from what is depicted on Exhibit B. The HOA shall be solely responsible to maintain the Site Improvements in good condition and repair. 4. Owner and HOA agree that City shall have the right to remove any portion of the Site Improvements as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainageditches 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 or HOA for the cost of any damages thereby caused to the Site Improvements, . 5. Owner and HOA agree and acknowledge that the City's consent to encroach upon the Easement, as provided in this Agreement, regards the City's Easement interests only, and does not constitute permission or authority for the Owner or HOA 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. Subject to Paragraph 4 above, HOA agrees to indemnify and hold harmless Owner, and Owner's invitees, agents, heirs, administrators, successors and assigns, and City, and City's officers, officials, members, employees, invitees, licensees and agents, from 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 or improvements, located on or about the Lot, or otherwise, including the Easement, which results directly or indirectly from any act or omission of HOA, its employees, contractors and/or agents in, on, under, across or to the Easement. DocuSign Envelope ID: EE948D27-2442-4FOA-8667-382B7DOA06E9 '. HOA und-t#.esr-x„r,.ppl ubH,-exlr aYreep to reimburw City for our and all cops and enpenws incuvN by City w repsue ne repair my damage to the Eawmmt and any imDmaammtts located therein tisby_x51Let wwd M the mgallation.coudmplon. mamletance aMbr operman ofthe Site lmprocementa-j p_______._.,._,-__,,. -g_11ht-UL'J(14HS1Aa+kJlY.uldsL'S.IAa[2115dyLftmen il:dl nct oneJltQt1,-ry.�lar l'ruiaamh rot fxafrnce toned franlhy Qtrn(Cmrnrl fa 11. m Hmlcitpfa force ailhi Or lot Ae radar e• _ iticce toche l"Am o(he col nor s..rew I fh h >d grSgg4 I llin, ma,matla , nrafacs iih thedied location rU fesice. HOA cc In mine and the alLbaq> awK udrad.nNl cardsleaineal l ne to aw d unran dWth said fence n>t, ay, evv. to record this Atisrmuerq in the Office of the Haml. County Recorder, SyyWa4leL4tna.Jba.uuRKo dKhlt¢Alcllatrilftll. pro,.da;.... nlefllY.bn.m lggga•r41blt%jUurcml.al[d.lbe.liamn. brnvl. HOA agrees W rnumber. City for the fee charged by the Office ofthe Hemthan County Recorder toic.iid ilui-Avcanimt, a L the parties spree that the tmmsofthis Ageeement shall be binding upon end muro w the brnefit of theirwspecu c heirs, a6ninishalon, ssDewnn and owiams. N+LI—The panics executing this Afsouracnf reprateYl and %arrant thin they an aathonetd to cuter raw • id cstedie this Apraeneal (or aid wi bobel(of the party n hich they rsprctmt I++IL This Aprcemrot shall ba effective as of the due ne vfdeh it Is bq exacaod by a party Wain. si—Hre4lxnet nvrras lopn�.rdelwll J�wkeweor YnsAet hxalaroNsyedxv�awrexle.erMW�erswpuuayx.eLy 0 thin`-r nmw+a•�r xuhe s.•r.�t andmdenee. kvoe Aaw.•(rXrnpcelmvx 13. Oxman and HOA agree n u m Nwr the ground surface elevation oubia the limns of the lVascmmr at ony time. (a. HOA apreeatoremcdy any dunnage problems aniuuet,sauraled miler standing water on the Lot oradjacentproper des determined by the Cily to be resulimp few, the Encroachment. OWNER- OenmsCarmf� Signature Dare nil tl-j i1t1 Laura Cara,ial ,/ 't Signatwe � � L7-(2uif Daf<: STATE Or(INDIANA I ISS COUNTY of I Before me, a Notary Public m and far staid Coa ay amd Store. personally appeared Dennis and Laura ['arafiol. by me Vaa)on- and Min ac"oMiciped the etcumuW of the foregoing -'CONSENT 70 ENCROACH" as his or her voluntary art oM deed W'imovimy hand and Nmar.al Seal thiso", or 4j�'u. ,'Y •� DocuSign Envelope ID: EE948D27-2442-4FDA-8657-382B7DDAOBE9 ILI NOTARY PUBLIC ;0 d� Ste haDie Ratliff Hdeary pybpD My Comm) sign spires: SEAL f p I >' RindNam< <i6IW,l f'AWY - . . MyCOMISS EVIr"8-232MS oI Resident 01 JOPASOn Courtly My County of Rejidence TIED AND DELIVERED by Mh of Ile fwtYainp mpuones an behalf of Owmen Ia my prmm. Wmem Sipnuure STATE OF INDIANA 1 ISS COIfNTYOF NN)I P700 I d,B'ef'ore�me, • Notary Poblm in and for mid County and Sma, aA "" td 'ay[pla<-. being knmtn lama labalh<pers opnNvelssb Ibed mawim<utuJ fotepoinp msuumtor, who, bofnYduly swo bYm<, depesasand sayslnn.l. f Yoinp,nnumm.ases and delimlby_ 'Athe abora-named aubsmbinb xitnesis presen[ d lhm lbeaboseaam.d lob IN i.neNu ndapany w thetTt;, tiwl - dtscnbrd h Iht fwepoivY irtmument eIW IId teem, a nn) imer<sr m w ptasteds fto a pmperty Aar isthe wbj<w of IN This 71 da)of AAO'f .20u \ , (walwr.`: Naury 7ubllq S[au of N4Una Hamilton Caunw Rimed Namt 4AMy y'oa BRIDLEBOURNE II'D S ASSOCIATION. INC M"m C Ia)inm, HOA erwidenl flue', STATE OF INDIANA 1 185 COUNTY OF IfP+a'rsa,- Neforc maa Notary Publi[in and rwild Corny and SWI,,ctwnall) a pfaaxodhlalk.Cln)m.A.b)me Lro..n. and who �.`tl?:., BRENT s•CLAYMON Nnury publk. Slate of IMlana xknouledped lke executia0 aftbelwepaing-CONSENT TO ENCROACH"ahiiw rr b�Saat sid deed. �_ .. Hamilton CounlY W5mess my Wool and Nalarml SM16".�'! di)af �tiRal� I sts.: Coinmlalon 9667440 '•. . hey Canmlalon Faplfm MAY 4, 2023 NOTARY HLI f S. L, a „yyC �^/ 51y Cwpyn4IOliF1pnea ''JJ a ��LL Pnnled Name DocuSign Envelope ID: EE948D27-2442-4FOA-8657-382B70DAO6E9 My Coenty of Residence. ECDTED AND DELIVERED in my presence _ Wlmess Signamrc Wimara Pnnud >4d. STATEOFINDIAISS:LVIINTY Of]Before me, a Nolarand Iu Yid County and State, perown m me mbe the pmw. mymWgrq dulv.eom bses and says char the fo nd inrtnmethe nbmt-named .wwiraessi prsacnca, Ihat the ahnse]uadownbed]n the forumem and wi m'e wf my mlarestIfmsoction Wim<umy harrd a4 this d. of NOtARY IC SIyC ].ion E.pi oe tiny CRY OF CARMEL. INDIANA. BY AND THROUGH ITS BOAR) OF PUBL IC WORKS AND SAFETY BY Date. . saa�.ilasid eer Dam. � Doc '4"/j1�'Ptf21 IM UIdVa mv4*ma4)yy� a1j2021 Data ATTEST _ 6- sWaJ'-d seewol> a*/Vlrry2021 Date appeared SO_ Mimed None s a rcitnen to tha foregoing i]nrtnmml, who, and deliwed by in nm n nd a parry to the trannolion 'ue" the property ]hat a the mbjecl of the DocuSign Envelope ID: EE948027-2442-4FOA-8657-382B7DDA06E9 STA I OF INDIANA ) )SS' COUNTY OF HAMILTON I Befort ma, s Nnars Pikbi in and for said County and Stale, Personally cppeaed FAMES BRAINARD, MARY ANN BURXE and LORI WATSON, by me knoxn, and by me Lamm to be the Mambas of Ibe City ofCamlel Board of Public Works and Salary. oral SUE WOLFGANG. C eck of THE CITY OF CARAMEL. who ackmw1edged die saecuhon of the faefolni -Consem To Encrasch"an bulwlfot the City of CamteL Medina WilaOa my hand and Normal Seal dos day of . 20_ NOTARY PUBLIC My Cammsa met Espires: Panted Mal My Comy y of Rssidsnce'. VERED by'tacb of the foregaing Apnatoneson bchalfofthe 0.andedP.1Ac Walks and Safety in Wtnass Witness Muted Name STATE Of INDIANA I ISS: COUNTY OF I Before me, a Notary Public in and im said Coma u . being knoxn to me to tv the p baling dl sttWta by toe. deposm and says ibat Ike R site A"n-named sabtaibotg x,usm's presence. sn des<dbeA in Ow faepai tip irml u t and will n tnrnndiat Wimcss my hand aad Notaaal Se s da) of NOTARY as a xi"m to the I'ocegang maemmeu, who. Imddeliyeadby in g xdmess is not a Parry to the transaction (om the properly Wet is the subject allies 20_ Ported Name My Cotmly of fiesidotct DOCUSign Envelope ID: EE948D27-2442-4FOA-8657-382B7DDA06E9 This is a%ut,onr was prepared by Yon A. Obalander, Esquire, Cerpware Camwl, Oat Cisie Sgaatt. Carmel. Indiana 46032. 1 adem,, miler fie penalties for perryry, rhar I hasx taken reasonable cut m redaer tack Saul Seceri lr Number in this dmarnsai,.ekes, requited by low. Ian A. Oberlander, Esquio BRIDLEBOURNE ..,, J SECTION 6 THIS INSTRONENT WAS PREPARED SECONDARYPLAT REGIST898DEIANDOSURVRYOR- NDIANh 4SO560 SCHNEIDER ENGINEERING CORPORATION 3020 TH POST PART OF SW 1/4 & NW 1/4 INDIANAPOLIIS, INDIANA0A46226 SECTION 5-17N-3E TELEPHONE 0M $98-6282 (OECEMBER 1991) HAMILTON COUNTY, INDIANA LAND DESCRIPTION 1, the undcrasgned, hereby certify dtlt the within plat Is a reptettnution of The lands surveyed, subdivided and platted under my direct aupervsrson and mntrol apa That it is true and correct to the best of my knowledgr, and belier. Pall of the North Half or [ho Southwest Qoartar and part of the Nortbwest Quarter of Section 5, Township 17 North, Range 3 Fast (a Headline County, Indiana, being more pmtieuiaray described All follows Commencing a1 the Southwest carnet of the North Half of the slid Southwest Quarrel Section; thence North 00 degrees 00 mioulea 00 seconds East (Assumed 2tearing) along the West liar, of the North half of the said Southwest Quarter Scctioa a distance of 1271.51 feet Io the Beginning Point (said Beginning point being the Northwest Wrote of Drldlcbourne Section 5, a subdivision in Hamilton County, Indiana, the Plot Of which is recorded as Instrument 09026131 In Plat Cabinet I, Slide 134 la the office of the Recorder of Hamilton County, IndiaaaMthe neat otevcr, (II) uours" being along (INC Northerly lint of said 0ridlebourne Section S); thoeee VorlIN g9 degrees 40 minutes 16 sa6uds East a distance of 114.47 feet; thence North 43 dearer,, 08 misuses 29 seconds East a distance of 295.j4 feet 10 o curve having a radius of 60.00 feet. the tadius paint of which been North 13 degrees IS minutes 33 seconds East; thence Northwesterly along the art Of mid Carve a distance of $9.26 fact to the paier of reverse curvature of a curve having I radius of 2200.00 feet, the radius paint of which bears North 81 degrees 26 minutes 50 records West; thence Northerly along the arc of said curve a distance of 506,39 feel to the point of reverse curvature of a carve having a radius of 2ouill feet, the radius point of which busts North 85 degrccs 21 mimulcs 52 seconds East; thence 1,14rahcastcrly along the arc of said ourva a distance of 364.29 feel to the point of reverse curvature of a Carve having a radius of 1500.00 feet, the radius point of which boats North 09 degrees 43 minutes 32 seconds fast; thence Easterly along the arc of said curve a distance of 550.52 foci to a point which gears Slash 31 degrees 18 minutes 10 seconds East from said radius point; Hittite North 85 degrees 21 minutus 55 seconds East a distance of 14M) feat to a Curve having a radius of 30.00 feet, the radius point of which bear& South 04 degrccs 38 minutes 05 seconds East; thence Southeasterly along the arc of said curve a distance of 72.67 feet 10 a point which boars South 45 degrees 51 minutes 01 seconds FAM from sold radius Pal Oven" North 48 degrees 22 minutes 23 seconds East a distance of 220.39 foot; thence South 71 degrees 29 enfnutca 3$ HCOndS East a distance of 209111 fact; thence North 00 degrees 54 minutes 51 seeOnds West a distance of 407,84 feel; thence Sovh 39 degrees OS minutes 09 seconds West a distance of 1794,13 feet to the Wcst line of slid Northwest Quarter Section (said point being South 00 degrees 01 minutes 15 seconds 1Yest a distance of 1319.42 feel from the Northwest comer of sold Norrhwest Quarto, Season); thence South 00 degrees Ol minutes 15 aecohdS West along the said West lint a distance of 1319.92 feel to she Northwest Cotner of said Southwest Quarter Section; ihOAce South 00 degrees 00 trivial 00 seconds West 11041E the Wear line of the North Half of said Southwest Quarto Section a dissantc of I10.29 scat to the Istgianiag Point, containing 18.445 acres, more or let . 2'his subdivision 00n3isn of 14 lots, numbered t [hraygh 8 and 21 through 26 together with common altos, srreCD an<I auemerhts as shown on the within plat. The site of Ieb, common areas and widths of strevt5 and casements are shown in figures denoting feet Red decimal parts thereof. bDWARD D. oIACOLETf1 iss7yJ{av REGISTERED LAND SURVEYOR hoer INDIANA JNSO560 l7r_ j r'j DocuSign Envelope 10:EC948027.2442.4FDA-8657-38287DDA08E9 ifd :SL''d"r �j L