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Home My WebLink AboutENCROACHMENT-Consent to Encroach - Kibbe-20210429DocuSign Envelope ID; EE948D27-2442-4FOA 8657-382B7DDA06E9 2021032441 ENCR $25.00 04/29/2021 03:51:20PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented PSI II II II II II I III II I I I II III CONSENT TO ENCROACH APPROVED 19y Jon OLerlxroa x! 12.06—, Apr 13, 2021 THIS CONSENT TO ENCROACH (hereinafter the "Agreement') is entered into by and between ;Mark and Sharon Kibbe, 827 Winter Ct, 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"). WITNESSETII; WHEREAS, Owner owns in fee simple Lot Lot Number 147 ("Lot") in Hunter's Creek Village, Section Number 4 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 this reference; and WHFRF.AS, the official plat of the Subdivision was recorded in Plat Book 12, Pages 28-30, Instrument Number 8511393 in the Office of the Hamilton County Recorder on 8/8/1985, as Hunters Creek Village, Section Number (the "Plat"); and WHEREAS, the current Owner wishes to install drainage improvements including a French drain, catch basins and topsoil 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 this reference as Exhibit 13; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage. Utility and Sewer Easement, identified as "15' D.U.&S.E." on Exhibit 13 (tic "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 crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and 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 WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or Future improvements not indicated by Owner on Exhibit B; and DocuSign Envelope ID: EE94BD27-2442-4FOA-a657-362R7DDA06E9 WHEREAS, the location of the Site Improvement as indicated by the Owner 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. '[he 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 inurr no obligation to repair, replace or reimburse Owner for the cost of any darnages thereby caused to the Site Improvement, the Lot, or to Owner. S. 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 an, 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. fi. 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, 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 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. 9. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit oftheir respective heirs, administrators, sucecssors and assigns. 10. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf ofthe party which they represent. 11. This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: EE948D27-2442-4FOA-8657-382B70DA06E9 12. 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. 13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 14. 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" Mark Kibbe Signature Date: STATE OF INDIANA ) ) COUNTY OF �W- �-BOA SS; Before rne, a Notary Public in and for said County and Sharon Kibbe, by me known, and who acknowledged the 70r ENCROACH" as his or her voluntary act and dee Witnessmy hand and Notarial Sea] this da My V Commission Expires: (,-Z-1 1� pie CANDYL. MARTIN SEAL `* County of Res: Hamilton z� My Comm, Expires 08-26.2027 of 4��P Comm. No. NP0627703 Si n Kibbe �lM�J Signature , l Date: � ,te, ersonally appeared Mark a 7,1-f (lie foregoing "CONSENT. It1 / ! 1)A7Kn �14011 � E Printed Name My County of Residence:+ L`{� DocuSign Envelope Et): EE94BD27-2442-4FOA-8657-382B7DDA06E9 'CITY" CITY OF CARMEL. INDIANA, BY AND TFIROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY �wsgn.a i,Aies`°S,Mffiard, Presiding Officer Date: 4/21/2021 �htark AUA. turfs \Tafy`%nlnurke, Member Date: 4/21/2021 I twi �)alsbt& O,r,L,Msoii, Member Date: 412112021 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) ATTEST riae°'"V SP ang, Clerk Date:4/21/2021 Belpre me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN 13URKE and LOR1 WATSON, by me known, and by me known to be the Members of the City of Carmel Board of I'ublic 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 tliis X11,ay of 2021. My Commission Expires; I his instrument was prepared by ,]on 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 its this document, unless required by law. Jon Oberlander, Esquire DocuSign Envelope ID; EE948D27-2442-4FQA-8657-382B7DDAOSE9 EXHIBIT A o KS ��ff�dL��a�� Wfsi rid ®.n®�`''^r+�in�y�3p ao W W r�j�V� W H W O W El" c� ..7 � N v5 00 �4 pp p7Wy1p� C+.. H Lq� WAN H Q H W F if.IN- 2u * WWPr- 00 �� C.'J UU O P N W P4 E°'� Q LD Qt-+ p4 Wes. WO�{O�� aAW�CWq'x +. .-+ y r�•� a�4 ca 1. W W � Q�vd=¢N WW M ��SAv5 o Fq C-� WH V_ Cam ' HH f3 HW oWo'J7 ��U[+=1C+-i�L•-� GG 3 N W ice-+ FW+ Vi W LLmyi r-i sa F'"i H Sz-i A S' . Ls] ul W La CO Lsw 4j� Q ��+ �S CkNr�76�. �a'o� iIn � SHE U O 7. U P-� M W W V3 W W_ rm H PC c4 d H H 1-4 CDCS H F--f 7 G c!9 r-� C.!] CLA U [? W Z E-+ E-� ® U ,. F•+ .n A En `�W�y 00 H C? Ste+ oo E i O � I Ca., W o 4�G O va O[slW H cV co � a i rn cn k7 �+ cn cv F 7 0. x x1"4 CS C7 ap F-io0 .`E'i ►� ~ t-•I �? 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