HomeMy WebLinkAboutENCROACHMENT-CTE 0 3314 Spruce Wood Ct - Lazzara-20230503DocuSign Envelope ID A05EB794-4E8D-4CRR-RD32-F)EE1134F9112
2023015549 ENCR $25.00
05/03/2023 09:02:41AM 6 FIGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented TGR
II II II II II II I I I I III I I I II
(r ,
CONSENT TO ENCROACH `\
THIS CONSFNTTO ENCROACH (hereinafter the "Agreement") is entered into by and between Lazzara, Anthony Charles & Kayla
Maric h&w, 3314 Spruce Wood Ct, Carmel, I lamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City
ofCarnlel, Hamilton Counly, Indiana, by and through its Board of Public Works and
Wt'I'NLSSF I'll:
M IEREAS, Owner owns in fee simple Lot 121 ("Lot") in WOODS AT SI IELBORNE, section 2, which is located within the
corporate l imits of the City ol-Carl»cl, Indiana ("Subdivision"), which real estate is more parlicularly described in Exhibit A, attached
hereto and incorporated herein by the reference; and
WHF.RF,AS, the official plat ol'lhc Subdivision was recorded in PC 5 SLIDE 708, lnSll•unlent Number 2017-34993 in the OFlice of
the. Hamilton County Recorderon 07120/26]7, as WOODS AT SHELBORNE, section 2 (the "Plat"); and
W 11 EREAS, the current Owner wishes to install a deck on the Lot (the "Site IIII pinvemertt" ); and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement oil the Lot, a
copy of which is attached hereto and incorporated herein by this reference as Fxhibil 13; and
WHEREAS, the Site improvement will be constructed on portions of the Lot designaled as 20-foot Drainage and Utility
f ascinent, identified as "20' D.&U.L."on Exhibit B (the "Easement"); and
Wl WRFAS, the Easement is be110111C al to the City and its residents, and
WHEREAS, as indicated on [lie Sketch, the Site Improvement. will encroach (the "En cr•oachnlent") upon the Basement,
which Encroachment is crosshatched on Exhibit B; and
WIIL'REAS. Cily of Cannel Board of Public %Voiks and Safety approves the Owner's request for a variance from
Carmel City Code Section 6-227(4); and
WHEREAS, Omier and City acknowledge the location of the Encroachment; and
WIll"REAS, Owner acknowledges that this Agreement does not imply any approval of existing or linure improvements
not indicated by Owner on Exhibit 13; and
li 1IL'RBAS, the location of the Site Inlprovenlent as indicated by the OWne• oil Exhibit B should not materially
interfere with the C:itv's use of the Iaiscmenl.
DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112
NOW, THLREFORF,, 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. 'file City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
0i) 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 (lie Site Improvement from what is depicted oil 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 an), utility lines, sewer lines or drainage
ditches located in the Easement, or for any other lawl'tnl purpose, and that, should the City take such action,. the
City shall incur no obligation to repair, replace or reimburse 0%%'ner for the cost of any damages thereby caused
to the Site Improvment, the Lot, or to Owner
3. Owner agrees and acknowledges that the City's eonsen( 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 properly interests are also located within the Easement.
G. Owner agrees to indeninily and hold harmless City, its officers, officials, members, employees, invitees,
licensees and agents, from and against any and all losses, liabilities, daroages, 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 cinployccs, conhactas
and/or agents in, on, under, across or to the Eascnical,
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, administ•alors, successors and assigns.
9. The parties executing this Agreement represent and warrant that (he), are authorized to enter into and execute
this Agreement for and on behalf of the party which they represent.
10. '['his Agreement shall be effective as ofthe date on which it is last executed by a part)' hereto.
DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1 134F91 12
11. The Owner agrees to provide full disclosure oflhis 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. Owncr agrees to remedy any drainage problems or issues, saturated sail or standing Water an the l.,ot or
adjacent properties determined by the City to be resulting Isom the Encroachment,
"OWNER"
PROPERTY 01NVCR
Prime Name
"ignattire
Date: 17-z3
STATE: OF INDIANA )
I` )SS:
COUNTY OF H(M I�lj M )
PROPERTY 0FYrV1:R
44 N%/ 1 C& c►zzo.ra
Printed Name
Signature ve
Date:I7/ �I.3
13cforc mc, a Nolary Public in and for said County and State, personally appeared ti Q-LQ.0'\
by me known, and who acknowledged the execution oftlte foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed.
Witness my hand and Nolarial Sea] this `[ Iki'day 01 r ll f4
My Commission 1"Apires:
o u i j s anq
Printed Name
My C01111ty of Residence
�t�1E'll "i�1
RY .".N. k
Kelly Cowan, Notary Public
Hamilton County, State of Indiana
.. SI AL' Commission No: NP0734316
My Commission Expires 06/15/2029
DocuSgn Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112
"CITY"
CITY OF CARMCL, INDIANA.
13Y AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Docu5igned by:
BY:
James Brainard, Presiding Oflicer
Date: 4/19/2023
Ca usisred by:
L 1 yc� fYz FPrkc, Member
Date: 4/19/2023
nos"Sip-d by:
(pvi (6Nw
L..
esc��3aieazsaoo.. orr lM1atsOal. Member
Date: 4/19/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL,TON )
L�-
OocuSigned by:
A"
Site Wolfgang, Clerk
Date: 4/19/2023
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD,
MARYANN 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, anti Sue VI'olrgaug, Clerk ofTFIL CITY OI' CAIZNv1l IL, who
acknowIedged the execution of the foregoing "CONSEN,I-TO ENCROACH" on belialfof the City of Carmel,
1 rad ana.
Witness my hand and Notarial Seal this F day of , 20
My Commission Expires:
�� r�n�rietil �
This instrument was prepared by .Ion
Indiana 46032.
r-
�RY PPU131.11C
Iad�
y
Printed Name
My County of Residence:
Oberlander, Esquire. Assistant Corporation COLlnSel, One Civic Square, Canlael.
I affirm, under the penalties I'm pcijuryl that I have taken reasonable care to redact each Social Securit) Number in this
document, unless re�]uired by law. Jon Oherlander, Esquire
DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112
EXHIBIT A
THE WOODS AT SHELBORNE
SWI MN TWO
I, the undersigned Registered Land Surveyor hereby certify that the included plat correctly represents a subdivision ofpart of the Northwest
Quarter of Section 32, Township 18 North, Rsoge 3 bast, Clay Township, Hamilton County, Indiana more particularly described as follows:
Commencing at the southwest corner of the Northwest Quarter of said Section 32, theuce North 00 degrees 05 minutes 12 seconds East
660.00 fact along the West line of said Notrthwest Quarter, thence North 89 degrees 28 minutes 29 seconds But 1.745.00 feet to a point on
the lwast boundary of The Woods at Shelborne, Section 1 recorded as lastr wmeut Number 2015.050827 is the Office of the Recorder for
HamiIon County, Indiana, said paint also being the POINT OF BWI INt3 of this dcsoription; thence continuing North 89 degrees 28
minutes 29 seconds East 911.53 feet to a point on the Last line of the aforesaid Northwest Quarter, thence South 00 degrees 02 minutes 49
seconds West 660.00 feet along said East line to the southeast corner of said Northwest Quarter, thence South 89 degrees 28 minutes 29
seconds West along the South line of said Northwest Quarter 1,531.99 feet to the aforesaid Bast boundary of The Woods at Shelborac,
Section l; the next three(3) calls being on and along said Punt boundary; (1) North 79 degrees 18 minutes 58 seconds East 178.09 feet; (2)
North 56 degrees 49 minutes 17 seconds But 398.87 feet; (3) North 15 degrees 08 minutes 28 seconds East 429,29 feet to the piece of
beginning, containing If.102 acres. more or less.
SURVIIYORIS CER'TWICATE
This subdivision consists of 23 lots numbered 103 - 125, (all inclusive) and 4 Common Areas labeled Common Area" E', " r", "0",
and "H". The size of lots and width of street are shown in W- and decimal parts thereof.
Cross-reforcace is hereby nude to a survey prepared by Sloeppelwenh & Associates recorded as Instrument number 2014028121 in
the Office of the Recorder for Hamilton Counly, Indiana.
All monuments shown hereon exist prior to the recording of this plat or will be set within two (2) years of it's recording. Thu location,
size, type and material are accurately allows herein.
All requirements specified in the subdivision ordinance of the City ofC4=01 have boon mot.
1, further certify that I ant licensed in compliance with the laws of the State of Indiana and that the within plat re presents a subdivision
of the lands surveyed within the cross roferonced survey plat, and that to the best of my knowledge and belief there has been no change
from the matters of survey revealed by the cross-reference survey on say lines that are oom mon with the aaw subdivision.
Witness my signature this 5744 day of , 2017.
�7,�
- N90012)
o.
Dennis D. Olmstead -
Re&tered Land Surveyor = srATE of
D—Sign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1 134F9112
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