HomeMy WebLinkAboutENCROACHMENT-CTE - 14341 Laura Vista Drive - O'Connor - 20230106DocuSign Envelope ID: 9084CA35-810E-4B4C-8A71-145F6440AD8E
2023000627 ENCR $25.00
01/06/2023 03:15:23PM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
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CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agrecment") is entered into by and between OConnor, Fiona & Jeff w&h, 14341
Laura Vista Dr, 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 Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 6 ("Lot") in LAURA VISTA, 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 3 SLIDE 360, Instrument Number 2004-14732
in the Office of the Hamilton County Recorder on03/04/2004, as LAURA VISTA (the "Plat"); and
WHEREAS, the current Owner wishes to install a deck extension 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 20-Foot Drainage, Utility
and Sewer Easement, identified as "20' D.U-&S.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
Carmel City Code Section 6-227(4); and
W HFREAS, 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.
DocuSign Envelope ID: 9084CA35.810E-4B4C-SA7t-145F6440AD8E
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.
DocuSign Envelope ID: 9OB4CA35-610E-A84C-8A71-145F6440ADSE
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
rP nted Name Printed Name
Air�.
tgnat- Signature
i ate: , t I" 26 "fir Date:
�,•,,•";'4, JONI BOLEN
STATE OF INDIANA i rt°wrj, z Notary Public, State of lntltana
a *i Marion County
j SS: . seu Commfssl°n / 881734
) �y�*p` My Commisslon Expires
COUNTY OF �44111IN� Oclobal' 0b, 2024
Before me, a Notary Public in and for said County and State, personally appeared � unn
by me known, and who acknowledged the execution orthe foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. ,t-
Witness my hand and Notarial Seal this day of I.JPCP.YV�2r , 201�2
My Commission Expires: jNRY PUBLIC
Print��me
My County of Residence: A I On J ...
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DocuSign Envelope ID: 90134CA35-81 OF-4B4C-8A71-145F644GAD8E
CITY"
CITY OF C'ARM EL. INDIA NA.
BY AND Tli ROUGH Il-S HOARD OI:
M IBL[CWORICS AND SAFETY
BY. Not Present
James Brainard. Presiding O#liver
Dale:
Dacus
M.a QIA,iA. Wit,
r� ;ir}��;iti°J�°•i9Crtiber
12/21/2022
Date:
Docuaigned by:
_ atibouiber ��
Date: 12/21/2022
oxusgr�d try:
F (>Jo n
Sue 13'al gan r. erk
Date:1Z/21/2022
' HOLLYJ. HARMEYER
'a4Y p�o Notary Public, State of Indiana
STATE OF INDJANA 1 _2.SEAL:n= Hamilton County
S; _ * • a Commission Number NP0737982
'tiuiaNQ MY Commission Expires
COUNTY OF IdA�11LTtUN } �r+nun" December 15, 2029
Bel'ure rne. a Nutaty Public iti and for said County :fuel State. personAly appeared J1015'MRAM'Al
MARY ANN BURKE and LORI WAFSON. by me known. and by ale known to be the Meniherc of the City of
C'amiel Board of public Works and Sal'CIV, unit Sue W'olfgail . Clerk of THE CITY OF CARMEL. who
acknowledged the execittion of the foregoing -CONSENT TO ENC'ROACI-l" on hehaili'ol•Ihc City of Cannel.
Indiana. $
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Witness niv hand and Notarial Scal th� dad of December . 2,2022
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My ('onimicsion Expires. N'01 'APY KB (
1.2/15/2029 Holly ] Harmeyer
Printed Name
My Count) afResidence: Hamilton
This instrument uas prejured bt Joo Oberlandct. Fsquire. r1 Sistanl (-ut3+01-alicm Counsel, One ('Eric Square, Curnrel.
Indiana 4tit13,'..
I affirm. under the penalties fol- per:iww. that [have taken reasonable core to redact each Social Sccuril� Nunibcr it: this
docunicni. unless required by Iasi. Jon (tbcrIander. Esquire
DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E
Exhibit A
wrivt fuc s ICI[ IfrlUA It Z�tGUNUAK Y Fr
LAND DESCRIPTION
A port of the South Hdf of the orthwest Ouorter of Settion 19, Township 18 North, Range 4 East in Cloy
Township, Hamilton Canty, Indlon described as follows:
Beghning at the Northeost com I of said South Half,, thence South 00 degrees 02 minutes 1t seconds East
along the East line of said North 'est Quarter (also being along the west lines of foster Estates, Section
6-A, as recorded in Instrument Romber 9609636312, Plot Cabinet 1, Slide 710, Foster Estates, Section 6--0,
as recorded in Instrument Nufnb4 9809828186, Plat Cabinet 2, Slide 117 and Foster Estates, Section 8, as
recorded in Instrument Number 9809864442, Plot Cabinet 2, Slide 190), oil In the Office of the Recorder of
Homilton County, Indiana; a distance of 1328.25 feet to the Southeast comer of sold Northwest Quarter.
thence South 89 degrees 38 mWtos 38 seconds West along the South line of said Northwest Quarter a
dlstonce of 1020.14 feet to the sbutheast comer of a tract of land as described in Instrument number
200M0036993 in the said RecorJer's Office; thence next 2 courses being along the east fine of sold tract
of land; 1) thence North 24 degrees 39 minutes 39 seconds West a distance of 356.59 feet; 2) North 00
degrees 24 minutes 09 seconds 9bst a distance of 1000.00 feet to the North line of said South Half;
thence North 89 degrees 28 minihes 46 seconds East along sold North line a distance of 11609 feet to
the Point of 8"Inning, conWmin9134.950 acres, more or less.
THIS SUBDIVISION CONSISTS OF LOTS, NUMBERED 1 THROUGH 55 TOGETHER 1HTH COMMON AREAS, BLOCKS,
STREETS AND EASEMENTS AS SH HEREON.
THE SIZE OF LOTS, COMMON ARE I AND BLOCKS AND THE WIDTHS OF STREETS AND EASEMENTS ARE SHOWN N
FIGURES DENOTING FEET AND DE AL PARTS THEREOF.
CROSS-REFERENCE IS HEREBY MIE TO SURVEY FLAT RECORDED AS INSTRUMENT NUMBER 2004-8088 IH. THE
OFFICE OF THE RECORDER OF HAIkLTDN COUNTY, INDIANA.
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DocuSign Envelope ID: 90B4CA35-81 OF-4B4C-8A71-145F644DAD8E
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