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Home My WebLink AboutENCROACHMENT-CTE - 2647 Highmount Ct - Sottong - 20230110DocuSign Envelope ID: CAC25582-1469-415D-B3EF-F4934D0D53F8 2023000916 ENCR $25.00 01/10/2023 02:27:06PM 6 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented LLP II II II II II I I I 111111111111111111111111 II 43 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "agreement") is entered into by and between Sortong, Christopher & Susan h&wit, 2647 Highinount Ct, 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 Safcty ("City"). WITNFSSETH: WHEREAS, Owner oil, ns in fee simple Lot 21 ("Lot") in YORKTOWN WOODS, 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 4 SLIDE 48, Instrument Number 2006-172S2 in the Office of the Hamilton County Recorder on 03/3012006, as YORKTOWN WOODS (the "Plat"); and WHEREAS, the current Owner wishes to install a elevated deck and enclosure 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, Lhc Site Improvement will be constructed on portions of the Lot designated as 20-foot Drainage and Utility Easement, identified as "20' D.&U.E."on Exhibit S (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 ((he "Encroachment") upon the Easement, which Encroachment is crosshatched on Exhibit_B; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Ownef'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 O�%ner on Exhibit B; and WHEREAS, the location of the Site Improienient as indicated by the Owner on Exhibit B should not materially interfere with the City's use of the Easement. DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 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) 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 3, 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 hnprovinent, 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 a 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 anc!Mroperation ofthe 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 they represent. 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. DoruSign Envelope ID: OAC25582-7469415D-63EF=F4934DC053F8 1 • 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. i 1 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" PROPERTTY 01VNER Printed Name "1 9 A � %f Signature Date: l STATE OF INDIANA ) SS: COUNTY OF ) PROPERTY OWNER Printed Name Signature Date: Before mc, a Votary public in and for said County and State, personally appeared! 'r tLe ✓' f3 1 !'% i by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROAC H' as his or her voluntary act and deed. j�� Witness my hand and Notarial Seal this ` `6 day of _. iydtl i ber 200 • My Commission Expires: NOTARY PUBLIC 01- ;�6- 9D30 i Y •°�' NotaarryPUW19, State of Ind ona "iSEAL"00 0 Madan County 0. : * Commission Number Nt'47497aB �r4"714FJ1 ��,` M Januo Commission 203praa pow 1`�la� r-► s Printed Name ly County of Residence: DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 IrMwAil CITY OF CARMEL, INDIANA, BY AND THROUGH 1TS BOARD OF PUBLIC WORKS AND SAFETY Poeus�ned up: Jan . RNWing Officer Date. 12/8/2022 M nor bw0Mcmbcr Date: 12/8/2022 Docuslgned by: tber 12/8/2022 Date: - Docufnvd by; Sr.4 Wt RWMM'I k Date: 12/8/2022 STATE OF INDIANA HOLLY,I. HARMEYER SS: zrr��SaRY 0; Ss Notary Public, State of tndlena +;SEAL""= Hsmiltoncounty COUNTY OF HAMILTON ) + Commission NumberNp07379a2 pN ,�� ' MY Commission Expires December 15, 2029 Before me, a Notary Public in and for said County and State, personally appeared JAM - 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 dDecember ay of 2022,�. My Commission Expires: 12/15/2029 �wMht�I lolly 7 Harmeyer Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel, Indiana 45032. 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 Oberlandcr, Esquire DocuSign Envelope 10: DAC25582-7469Al5D-B3EF-F4934DCD53FB Lit iiit�i ` C � HIR [ � � �t f �� $• ayaeart- e• � =;\�M1�r• �� ea�g,�•� � C E � � e{� ri� S# 5 $i 'P � t;�pP , s l } m� r��R ;I it�p `Pi lF m o ro m w m IFqt co pI m" A � � G 2i � Fri■� r I P � DacuSign Envelope ID: OAC25582-7469-415D-63EF-F4934DCD53F8 3 $ � F IMF HHO RTRW �Nvggg%gNOUN oAL .I 6rg ; 422 RNA 9"M RRSo6 i a 9 _ rro o a � a W ............ .ram rrar4 II Y x. yy � ' r��',Y • I r i.('nnMSr wz RtaVY•.to io x�crte.+nnRw C_'io,aM ..on +.ouaw �� x om n m N Sottong Residence " $ N Covered Parch Yorkt -Stctltl��i -Let Y1 SUkI20UNt)INGS j a a -4s 9�a q`� L-11, D1ev1gn Center woox