The URL can be used to link to this page

Home My WebLink AboutENCROACHMENT-CTE - 799 Spruce Dr - Samson-202301312023003146 ENCR $25.00 01/31/2023 02:21:00PM 6 PGS Trini Beaver Hamilton County Recorder IN Do,voiq, Cnvelope ID: 035ME6?879-45EC 933E-FA86UEAE9A67 Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111 II II ft7 v JMZ I eo CONSENT IQ ENCItOACA TH IS CONSEN f TO ENCROACH (hereinaher the "Agreement') is entered into by and between Samson, Zachary ) & Nicole P h&w, 799 Spruce Dr, Cannel, ilamihon County, Indiana 46033, (individually and eolleclively, "Owtrer"), and the City of Carmel, Ifamillon County, indiana, by and through its Board of Public Works and Safety ("City). WITNUSSST11: WHEREAS, Owner owns in fee simple Lot 152 ("Lot") in SMOKEY KNOLL, sculiun 2, which is tocaled within the - corporate limits of the City of Camlet, Indiana ("Subdivision"), which real estate is snore particularly described in Exhibit A, attached hereto and incorporated herein by the rc rercnce; and WHEREAS, Ilse official plat of the Subdivision wus recorded in P13 14 PO 144.147, Instrument Nm%iber 9746-131 in the office of the Hamiltnn County RCcatder on 1 1/0311987. as SMOKUY KNOLL, section 2 (the "Plat"); and W FIEREAS, the curnxil Owner wishes to install a pool concreto patio on the Lol (tho "Site improvement"); and WHEREAS, Owner has given the City a skcich ("Sketch"} depicting the location of the Site Improvement on ([to Lot, a copy of which is attached hereto and incorpvmlcd hcrvin by this referencc as Exhibill3:and WHEREAS, the Site Improvement will be construc rl on portions of Iha Lot designated as 10' Drainage Eascrucnt , identi tied as" 10' Drainagc Nagement" on bit B (the"Udgemenll: and W EIEREAS, the Easement is honeric:ial to the City and its residents; and ';YHEREAS, as indicated on the Sketch, the Site Inrprovemenl will encroach (the 'Tncmarhtneni") upon the Easement. which Ertcroruhmcni is crD5511rrtCtled on E hX ibit P: and WIIEREAS, City of Catinel Board of Public Works and Safety approves the Owner's request Cor a variance from Ce filial C11y Codc Section 6.227(4); and WIIEREAS, Owner and City ncktlowledge the location orthe. Encroachrncnl: and WIIEREAS, Owner acknuMedges chat this Agreement does not imply any approval of existing or rmure improvements not indicated by (honer on P-hhibjW. and W11HREAS, ilia Incatinn of the Site Intpravetnenl a, indicated by the owner on L-3EhLJ2�Il ® should not materially inwrrete with the City's use ul-the liasentcnt. ®ocuSign Envelope 10-fj$1)61E6-7879-45FC-933F•FA868FAE9A57 NOW. TIIEKEFORF. for and in consideralian ortho mutual covanatlls and agreements coninined herein,tnd other good and valuable consideration, the sufficiency and receipt ofwitich arc hereby aekntrwlcdKctL the pariim niurually promise, agree and covenant as follows, 1. The foregoing prcarubles, recitations aad definitions and made a part hereof as though such were fully set forth herein. 2 "rhe city convents to the Encroachment for only so long as (i) the Encroachment "i$Is; and (it) Owner complies with all of the tenns and provisiotns of this Agrccutent- 3. Owner covenants and agrees not to extend, inuease, niodify, alter, landscape, reconfigure or elherwiso change the Site improvement t7om what is depicted on Fxhibit B. and to inaintain (lia Site lniprovenient in good condition and repair. a. Owner agrecs that City shall have iha right ro remove eny portion oflhe Site tniprovcnient as City dCCtnS necessary, in City's Solt; discrclion, to install, protect and/or repair any tnility lines, sewer lines or drainage ditches located in the Easement, or forany other lawful purpose, and that, should the City take such action, the City shall incur no obligatlan to repair, replace or reimburse Owner for the cost of any daniages thereby caused to the Site Inprovment, the rAi, or to Owner S. Owner agrees and acknowledges that tlta City's consent to encroacli upon the F,rtsenient, as provided in this instrument, regards the City`a Easement interests only.and does not constitute pennissiom or authority for the nwricr to otiretwise enter on, ill, under, over, or ufwn the property interests of any ollter person williout that person's eunsual even ifs ich property interests arc also located within (lie Easement 6. Uwncr agrees to indemnify and hold harmless City, its officers, officials, members, cmployecs, invitees, licensees and ngents, from and against any and all losses, liabilities, daniages, claims, judgments, attorney fees awl costsarising from any bodily injury and/or dcatth, and from any dts[ntction or darrlage to ally property or improverimus, located on the Lot, nr oiherivise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its cinployeed, contractors Alldbr agcnis in, on, under, across or to the Casement. 7agrecs to feiniburse City For any and all costs and expenses incurred by City to replace or repair any damngc to tlic Nasenient and any improvements locotcd therein caused by the installation, commutictioit, mainicaarxe and/or operation of the Site Improvement. K.. 'Ne parties agree that the Icrms of this Ag/ccmcnt shall be binding, upon and InnrC to Ilia r owiit ol' iheir respective heirs, adminiArwors, successors and assigns. 9, f he parties exectititig this Agreement represent and warrant 11tu they arc authurired to enlat imo and ?Kccutc this Agreenicat for and on W,ialf of the party which They represent tl. Fhts Agreement shall be effective as ot'the date on which it is last cKMlinI, by a party licit' -it, OocuStgn Envelops ID: E35116iE6.7B7"5EC-933E-FA86BEAE9A57 I. The Owner agrees to provide I1i11 disclosure of this Agreement to al I persons, entities and others who aCyoire 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 l inilts of the easement at any lime. 13. Owner agrees to rcinedy any drainage problents or issues, saturated soil or standing water on the Lot or adjacent propertios determined by the City to be resulting from the encroachment. "OWNER" PROPERTY OWNER PrintCY Nance Alure Date: 5'f.L'f :OF INDIANA $S: couto,YOF PROPERTY OWNER 1Q V4 Printed Name: Signature Date: V2I Iff n Before me, a Notary Public in and for said County find Slaw, ixisonallY OPPQafed sr rv1r�I�i�Cai� ,C't3rSU7ti by me known, and who acknowledgcd the execution of the foregoing "CONSMNIT fO P.NCRUACH' as his or her volantnry act sad deed, lVitncss my hand and Notarial 5ea1 this, day of , 20s My Commission Gxpires: `i Chin �t0 `l - — 49k.ML UROLA DIXON Notary PsrpIIS • 3®dl Ndmltton County Y. Staty or Indiana Commission Hunter N00733529 My COMMISSIDn Expires Pay 6, 2029 aa i•l Dtx.•te, NOTARY YUHLIC CO VI i P i) Jk,syl Printed Nance lay County of Residence;+c�i}1r "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC; WORKS AND SAFETY BY- Not Present fames llminaMl, Presiding Officer Dille: _. flve�hgneb�® ill.ah. QauA. � Ora AW (./2n2�cr Daw: Lori . ,A1w1ue Darc: 1/19/202 3 --.O sl+vae'J By: t JP[. �Jq 5 fpffgffvirk trace: IIOLI.YJ HARMEYE:R !tor try puhlic. Stara or Indiana rlamilton County -C.om:mssion fturnbar HP0737992 55, hey Commission Expires COUNTY OF I MAIM ON ? December 15, 2029 � v,-s r Before mc, a Nulury Public ill and for laid County and Siaw. porsorrally Appeared lf11 ' ' HRtAfNA M, MARY A,srN 13URK14 anal LORI WAfSON, by me kumv,t, and by me known io be the Members ot'the City of Cirm sl Beard of Public Works and Safety, and Stec Wolfgang, Clerk of THE CITY Of CARME-L., who .,cknowleslged lha %!xcollioa of I11c Ibregoing" CONSI N'I'TO LsYCROACH"on behalf of thn City of Carmel, ludiana. Willies, my band ewl 1110;r, i91 5t,€;l !his _ _ €lay of .. .. , 20 0Q -- 1f ! .. A /7 My (omrltissal l k3 l ires NOTA' My Counly of Residence . ffift - /-*1 Ilus m}Iruinew pwparrd ny fan Oberk€oiler, Eici rr,% :lsststanl ('orpor;tllon tYsmin I. unc l tvii Square. Cmmn 1, Indwmi lfili12 l alfirm. ml,icl Iltt tseirlNrCs for ptirfnr}', ihm I havk! taken feawn1b'. ,mc ck) rtAaul .':1C 11 Sic€€! 1Ctmily �.:mjl1ct III 14h I,In€mrl€l. !1411c,ti rrynlred by ljw Imt [ 1lrtrl,tud,:€, Iarfu €c Exhibit A: Property Description Smokey Knoll Subdivision Section 2: Plat Book 14 Pages 144-148. Number 8746431. Address: 799 Spruce Dr Legal Description: Acreage .35 Section 20, Township 18, Range 4 SMOKEY KNOLL Section 2 Lot 152 F31,h, b6 - -It) DwuSiyn C.P. ID E35DBYE0-7479.45EC-933E-FAS08EAE9A57 8 C O rn Z E P x m n m b � f 1 g orcevEwar Act � A � e GARAGE v n I qa•� � 1 � - N TA4'..P-L o E� woi.u,.a—LIS or c'ce k