HomeMy WebLinkAboutConsent to Encroach It=11
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CI EL
JAMES BitAINA[u), MAYOR
Consent to Encroach Instructions
1) Print this document single sided(You do not need to print this instructions page). This is a requirement for
recording. Double sided prints will not be accepted.
2) Sign on page 3 and have a notary complete the bottom portion of this page.
3) Please mail or deliver the signed original copy to:
Engineering Department
Attn:Jarrod Huff
Cannel City Hall
1 Civic Square
Carmel,IN 46032
4) Include a check for$28.25 payable to the City of Carmel for the recording fees.We will record the signed
document for you with Hamilton County after it has been approved.
Once we receive the signed agreement and check,I will place the document on our next Board of Public Works meeting
agenda.They will need to give final approval.We will recommend approval to the Board of Public Works with the
following conditions:
• 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.
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH(hereinafter the"Agreement")is entered into by and between Strader,Daniel P& EIizabeth h&w,
12517 Brompton Rd, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Cannel,
Hamilton County, Indiana,by and through its Board of Public Works and Safety("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 71 ("Lot") in BROOKSHIRE VILLAGE, section 2, 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 PB 7 PG 64-65, Instrument Number 8143 in the Office of the
Hamilton County Recorder on 10/24/1978,as BROOKSHIRE VILLAGE,section 2(the"Plat");and
WHEREAS,the current Owner wishes to install a 3 season room 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 B;and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot Drainage and Utility
Easement,identified as"15'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 crosshatched on Exhibit B;and
WHEREAS, City of Carmel 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 Agreement does not imply any approval of existing or future improvements
not indicated by Owner on Exhibit B;and
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:
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 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,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.
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.
9. 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 they represent.
10. This Agreement shall be effective as of the date on which it is last executed 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 PROPERTY OWNER
Printe Name Printed Name
Signature 2 Si ture
re
Date: (-�2-V �✓ Date: �,44/42<3
STATE OF INDIA A )
(� )SS:
COUNTY OF G � dC -�
Before me,a Notary Public in and for said County and State,personally appeared plajJ Acirgg/i4d.0(
by me known,and who acknowledged the execution of the foregoing"CONSENT TO ENCROACH'as his or
her voluntary act and deed. (�
Witness my hand and Notarial Seal this day of t' 11-CJ ,20 Z3
My Commission Expires: ARY PUBLIC
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"CITY"
CITY OF CARMEL,INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
James Brainard,Presiding Officer
Date:
Mary Ann Burke,Member
Date:
Lori Watson,Member Sue Wolfgang,Clerk
Date: Date:
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me,a Notary Public in and for said County and State,personally appeared JAMES BRAINARD,
MARY ANN BURKE and LORI 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 Carmel,
Indiana.
Witness my hand and Notarial Seal this day of ,20 .
My Commission Expires: NOTARY PUBLIC
Printed Name
My County of Residence:
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel,
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 by law. Jon Oberlander,Esquire