HomeMy WebLinkAboutENCROACHMENT-CTE - 10550 Hussey Lane - Rose-20230206DocuSign Envelope ID. UA831258-8752.4D2A=A665-0FAD844E92A8
FDS
2023003774 ENCR $25.00 0
02/06/2023 12:15:25PM 6 PIGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented sa
II II II II II II II III I I I I I II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Rose. Douglas C & Michelle M,
10550 Hussey Ln, Cnmiel, Hamilton County, Indiana 46032, (individually and collectivety, "Owner"). and Elie City of Cannel,
Hamilton County, Indiana, by and through its Hoard of Public Works and Safety ("City").
WiTNESSETH:
WHEREAS, Owner owns in tee simple certain real estate which is located within the corporate limits oflhe City of Cannel, Indiana
and is more particularly described in Exhibit A ((he "Real Estate"), attached hereto and incorporated herein by this reference: and
WHEREAS, the current Owner wishes to install Flock Safety Cameras on the Real Estate (the "Encroachment)"
which will encroach into those segments of Hussey Lane (the "Right of Way") which are contiguous to the Real Estate and
which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing"), in
the manner and locations shown on the Drawing; 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
WFIERI AS, Owner acknowledges that this Agreement does not hnlrly any al)proval or existing or future improvements
not indicated by Owner on Exhibil B: and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other
good and valunhle consideration, the sufficiency and rectipt M' which ore hereby acknowledged, the parties mutually
promise, agree and covenant as follows:
The foregoing preambles, recitations and definitions are made a part hereof as though such acre 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 orthe teens and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or olhciwisc
change the Site lmpraven1001 r1ro€n what is depicted on Exhibit B, and to maintain the Site Improvement in
good condition and repair.
DocuSign Envelope ID; DA831258-B752-4D2A-A665-OFA0844E92A8
4. Owner agrees that City shall have the right to remove any portion of the Encroachment as City deems
necessary, in City's sole discretion 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
Encroachment, the Real Estate, or to Owner
5. Owner agrees and acknowledges that the City's consent to encroach within the Right of Way, as provided
in this Instrument, regards the City's Right of Way interests only, and does not constitute permission or
authority for the Owner to otherwise enter on, in, under, aver, or upon the property interests of any other
person without that person's consent even if such property interests are also located within the Right of
6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any
covenants and restrictions applicable to the Encroachment
7. Owner agrees that the Encroachment will not create standing water and/or other drainage problems that
affect the City or adjacent property owners and that, If such problems arlse, the City, in its sole discretion,
may itself remove or may notify Owner who shall then immediately remove, all or any portion of the
Encroachment as Is necessary to correct such problems, at Owner's sole cost and expense.
8. Owner agrees that the water flow from the Encroachment shall be directed away from all street travel lanes
and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into
contact with any travel lanes or paved areas of any street or street intersection.
9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction,
any utilities or improvements (whether located above, below or on the surface of the Right -of -Way) damaged
as a result of the installation, construction, maintenance or operation of the Encroachment.
t0. Owner agrees to install identification tape or Identification wire on the Encroachment that will allow the City to
readily determine the underground location of any Encroachment.
It. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time,
12. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any
damage to the Right of Way and any Improvements located therein caused by the installation, construction,
maintenance and/or operation of the Encroachment.
13. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees,
licensees and agents, (i) from and against any and all losses, liabilities, damages, claims, judgments, attorney
fees and costs arising from any bodily injury, death or property damage occurring during the initial installation
and during any subsequent use, maintenance or repair of the Encroachment and (ii) for any failure of proper
disclosure pursuant to Paragraph 18 hereof.
14. 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.
15. 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.
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
16, This AgreentenI shall be elective as nl'the date on which it is last creculed by it party herclo.
17. 7-lie Utrner aarecs w provide full diSVIDSnre ot'this Agreement to all pct:utns. entities and others who acquire
by or through Ownrr any interest in the [teal Estate sin and alter the vilimivc hats; 0itliisAgree lttent,
"01VFf E R"
PROPER 11' [)lh'NER
Pr�f1 d NantcP
Signature
Datc:
ST,,V'F OF INDIANA
) SS:
COUNTYOr maRID0 )
PROPI:17? O d',A'ER
mf(W�
Prinled NJmc
Signature_
Date: I � n A I I em A f 1,
Befiire me. a Nolur} Public in and 1'ur said Cbunn and State. personall> appeared hLJ jas 02, t osq (fl d tl ItC- ��e M. I�i.)_V_
by me known, and trite acknowledged the execution ol' the ibreguing'VONSi NT TO 1 NC'ROACY Vas his or
her voluntary net and deed.
Witness my hand and Notttrinl Seal thi5j-% da% m,
V % Coniniission lspires:
1� _.rig .�' ..�'•,
CHARIOM D. RAY
Notary Public . Seat
Marton County - State of Indiana
Commission Number RP0658096
My Commission Expires Nov 12, 2030
® _—
NOTARY PUBLIC'
6/4_,,-/04Le
Printed \E.tlne
NIv C°ountt LA, Residence: dar;d� -
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92AB
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Bra€nand, Presiding Officer
Date:
--DxuBgn.d by:
M
mvym�ligber
Date:
rl oocuafpned by:
1 A
Wdf SAID
L .
W,*I6mber
2/1/2023
Dale;
— D—Sigud by:
Sub Wtd%illf�„ crk
Date: 2 /1/2 02 3
�. "ARMEYER
EOF-
,bLLY ic,State of IndianaSTATE OF INDIANA ) �,%, Notaryamiilton County Nambef NP0737B82n_SS: Commi ommisaion 1 xPlcasCOUNTY OF HAMILTON ? V Mpecemb8r152�\ r Not
Present
Before me, a Notary Public in and for said County and State, personally appeared I I!S BRAINAiRD,
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 ofTHE CITY OF CARMEL, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" an behalf of the City of Carmel,
Indiana. $♦-
Witness my hand and Noland Seal this f day of February 20 2 3
My Commission Expires;
12/ 1?/2:029:
a .4pu"
NOTARY P
Holly 3 Harmeyer
Printed Name
Hamilton
My County of Residence:
This instrument was prepared by Jon Oberiander, 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 in this
document, unless required bylaw. Jon Oberlander, Esquire
DocuSign Envelope ID: DAB31258-B752-4D2A-A665-OFAD844E92A8
Exhibit A
Address: 10550 Hussey Ln
Legal Description: Acreage 7.30 Section 10, Township 17, Range 3 KOSENE
SUBDIVISION Lot 1 & Acreage
DocuSign Envelope ID: DA831258-B752-4D2A-A655-OFAD844E92A8
Exhibit B