HomeMy WebLinkAboutENCROACHMENT- CTE 14275 Gray Oaks Ct - Dobson-20230221DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77
FDS
2023005169 ENCR $25.00
02/21/2023 08:36:58AM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
II II II II II II II II I I II I I II
ot
CONSFN'rT0 ENCROACH
TI11S CONSENT r0 ENCROACH (hereinalter the "Agreenieni") is entered into by and between Dohson. Douglas Miller K Cari Kay
h&%%. 14275 (ira) Oaks CI. CarnteL Hamilton County, Indiana 46033. (individually and Colleetivcly. "Owner"), and the City ol`
Carmel. I lamilton County. Indiana, by and through its Board of public Works and Safet)
W ITN GSSE I'I I:
WIIf: REAS, Owner owns in lee Simple Lot 24 ("Lot") in GRAY OAKS, which is located wiLhia the corporate limits of the City of
Carmel, Indiana ("Subdivision"). which real estate is more particularly described in F,xhibit A, attached hereto and incorporated herein I)) -
die reference: and
WHEREAS, the official plat of the Subdivision was recorded in PC 5 SLIDE- 213. Instrument Number 2014-20027 in the Office of
the Hamilton County Recorder on 05/28/2014. as CiRAY OAKS (the -Plat"); and
WI IERGAS, the current Oivner wishes to install a Concrete patio on the Lot (tits "Site Improvement"): and
WHEREAS, Owner has given the City a sketch ("Sketch-') depicting Lhe location of the Site Improwernent on the Lot, a
copy of which is attached hereto and incorporated herein by this reference as I-xhibit If; and
WIII:RI AS, the Site Improvement will he constructed on portions of the LOL deSigonted as 20-hunt Drainage
LasemcnL , identified as "20' D.G."on Exhi bit 13 (the -'Fasernent" ): and
WHEREAS. the Basement is beneficial to the Cit and its residents; and
WI1FRI•:AS. as indicated on the Sketch. the Site Impmvemcm %sill encroach (the "Fneroachmcnt-') upon the E asernent.
xwhich Encroachment is crtissliatehed on Exhibit B: and
WHEREAS. City of Carmel Board of Public Works and Sarety approves the Otwner's regtrest lit a variance Iron
Carniel Cite Code Section 6-227(4): and
Will:RhAS. Oierier and City acknoss'Icdgethe location ol'thc I:ncroachnicnt: and
WHI'.REAS. Omicr acknowledges that this Agreement does not inipfy am approval of existing or inure improvenients
not indicated bw Owner un Exhibit W and
WIlLREAS. the location or the Site Improvement as indicated by the Owner on Exhibit 13 should not muLeriall\
interfere with the C'in'S use ot'diC Easement.
DocuSign Envelope ID: C28BEB39 AA3A-4A74-B5F6-707876087C77
NOW. 'I'llFREFORF, ti)r and in consideration of the mutual cu%enunts and agreements contained herein anti
other good and valuable consideration, the sutlicieney and receipt of which arc hereby acknowledged. the
parties mutually promise, agree and covenant as follows:
1. 'I he foregoing preambles. recitations and definitions are made a part hercol'as though such were fully
set forth herein.
2. The City consents to the Fncroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions ofthis Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise
change the Site improvement rrom chat is depicted on Fxhibil R, 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 Cite take such action, the
Citv shall incur no obligation to repair, replace or reimburse Owner for the cost ol'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 ttte Fasement, as provided in this
instrument, regards the City's Easement interests only, and does not constitute permission or authority l`or the
(honer to othenvise 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 hanntess City. its officers, oilicials, members, employees. invitees.
licensees and agents. from and against any and all losses. liabilities, damages, claims, judgments. attorney Ices
and costs arising born any bodily injury and/or death, and From any destruction or damage to any property or
improvements. located on the Lot, or othenvise. and/or for any failure of proper disclosure pursuant to
Paragraph I2 hercof. 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 six 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 oflhe Site Improvement.
81lie parties agree that the terms of this Agreement shall be Minding upon and inure to the benefit ol'thcir
respccti%c heirs, administrators. successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorised to enter into and execute
this Agreement !or and on beltalfol'the part% which the)represent.
l0. 1 his Agreement shall he efl'cctivc as of the date on which it is last executed by a purty hereto.
DocuSign Envelope ID: C28BEB39-AA3A-4A74-85F6-707876087C77
11. The Owner agrees to provide ['1111 diSCIOSLICC Of this Agreement to all persons, entities and other,. %%ho acquire
by or through Owner um- interest in the Lot on and after the effeetke date of this Agreement.
12. Owner agrees not to alter the ground surface c1cNation within the limits of the easement at any time.
13, Owner agrees to remedy uny 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"
PROPE R TV 0 U"NER
T)0C)C1L$k15 DO�550&1
Printed Name
Signature
Date:
STATE OF INDIANA
SS:
COUNTY OF 4U��
PROPERTY Of V*.VER
ext-� 0-b6-n
Printed Nay
-
Signal r
Date:
Before me, a Notary Public in and for said County and State. personally appeared Dr u
by me known, and who acknowledged the execution of the foregoing "CONSENTTO ENCROACH'as his or
her voluntary act and deed. rr
Witness my hand and Notarial Seal this 2� day of 200,
V�Lot fir,
My Commission Expires:
w2c) ??
NOTARY PUBIAC
Printed Name
.Mv County of Residence:
DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77
"CITY"
CITY OF CARMEL. INDIA, lA.
BY AND TI IROUGH [TS BOARD OF
PUBLIC WORKS AND SAFETY
li Y : [ 56F�'6rrsS�'i- �eo6u6lll,
James Brainard. Presiding Officer
Date: 5/6/2022
Io-1�,S19-d by;
NI Ann WNTc. Ntembcr
Date: 5/6/2022
ngocuSig-d by:
evi tunfsew
o;o--••,gaaaccc
I.ort L{atson,Member
Date: 5/6/2022
STATE OF INDIANA }
SS:
COUNTY OF 11AiN1111TON )
—Dacu5igned by:
sm. "
Sue Wolfgang, Clerk
Date: 5/6/2022
Before nu, a Notary Public in and fair said Count%• and State. personally appeared JANIES BRAINARD.
MARY ANN BURKE and LOR] WATSON, by me known, and by me known to he the Members of'the City of
Carmel Board of Public Works and Safety. and Sue Wolfgang. Clerk ufTl Ili CITY OF CARNIEL. who
acknowledged the execution ol'the loregoing "CONSENTTO ENCROACI I" on behalforthe City urC'arniel.
Indiana. �^
Witness my hand and Notarial Seal this Q'5� day of 20
1
Nly Commission Lxpires:
"a
NOTARY PUBLIC
Printed Name
M). County ol' Residence:
This instrument was prepared by .Ion Obcrlander. Inquire. Assistant C'urporation Counsel- One C'i%ic Square. Carmel.
Indiana 46032.
I il' irm. under the penalties for perjury. that I Itaw taken reasonable cart to redact each Social Sccurit} dumber in this
document. unless required b� law. .Ion Oherlander. Esquire
DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77
Exhibit A
PLAT DES.CRI PTION
A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 18
NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS:
Commencing at the Southeast Corner of said Quarter; thence North 00 degrees 15 minutes
46 seconds West (assumed bearing) along the East line thereof a distance of 1023.68 feet
to the POINT OF BEGINNING, also being the northeast corner of Oakbrook Subdivision,
recorded as Instrument #92-17543, Plat Cabinet 1, Slide 228, in the Office of the
Recorder of Hamilton County, Indiana; thence North 89 degrees 21 minutes 16 seconds
West parallel with the South line of said Quarter and along the north line of said
subdivision and the westerly extension thereof a distance of 1326.25 feet to the West line
of said East Half; thence North 00 degrees 10 minutes 41 seconds East along said West
line a distance of 618.37 feet to the north line of 25 acres off the south end of the West
Half of said East Half; thence South 89 degrees 21 minutes 16 seconds East parallel with
said South line and along said north line a distance of 662.66 feet to the West line of the
East Half of said East Half; thence North 00 degrees 02 minutes 22 seconds East along
said west line a distance of 328.97 feel; thence South 89 degrees 21 minutes 16 seconds
East a distance of 662.42 feet to the East line of said Quarter, thence South 00 degrees
15 minutes 46 seconds East along said East line a distance of 947.36 feet to the POINT
OF BEGINNING, containing 23.822 acres, more or less.
GRAY OAKS
INST.#201 4-020027
LOT #24
CITY OF CAMEL, INDIANA
14275 GRAY OAKS COURT
-_o F�_OT PLAN
PREPARED FOR
WEDGEW000 BUILDING COMPANY
NOTE- BUI�IDER TO E'tiS.;RE PQ-SITIVE
DRAINACE AW-%Y FROM STRJC_-URE(3)
LOT 51ZE:
12,52a SQ_FT.
CONE IDRIVEWAY,
1 . 102± SQ.FT_
PUBLIC WALK;
C- 1 75t SOFT,PRIVATE
WALK-
1; E:k .O.rT.
SEEDING-
2,263:1: S.F_
SOD:
773± SO-YD.
120.00'
LOT
an I 12,52
P 'RRI—.
DvE
L
sJ
- (LI
20' B.-
1i
ORAOIE FLOWUI.4F_�J�_�
XS PER PLAr4,r TYPICAL SWALF SEC71ON
00'
2 Gn z.00'
4.o 7.Zi'
—1
t
2 w,
—2
PROPOSED
F F -027 43'
GAR, 5'
R'M'T = 8178'
Mr_45001_ O=C,20 E52'
I
I
L
SOD
LINE
--r-
SANITARY SEWER
7.
!J 7.]DE4ti'ALK—
I WE11SWOOD ULND
30. �52R/W13—H ))
w1Y
w
A. 72S�q
.T
\LQJF
'LS20:300026.
ORiVE ENTRY TO CCNFORM W-H CITY OF CARMEL ST-:.
*% S TATE OF P :2c
T',E LUCATIOWS, 6IMENSION5.AN6 WDTH ALONG THE PROPOSED PUBLIC
ESCALED CC TAKEN FROM ENGINEERIKG CO',S-RLjC-now PLA%..,S
SIDEWALK W'7E:
PREPAREC BY OT-ERS OR A43 =j:OVDED.
VER•FY SANITARY LATERAL -OCATION PRIOR TO C01��S_RUCTION
0
17 SHA-L BE -HE RESPOND32'LITY Or THE BUILDER/ClONTRAC-OR TO YERIFY �7
LEGEND
T-E BUILDING DIMENSIONS, 3,�ILDING LOEATONS, T_;E LOCATION OF OTHER
PERTINENT FEATURES AND ELEVAT ONS P9 OR -0 T-E START OF
— PROPOSED GRADC
CONSTRUCTION. THE INTENDED USE Or TH S PLOT PLAN S FOR SECURING
BUILDING PERMITS ONLY AND SHA-L NOT BE USED IrOR ANY OVER
000 O — ENI'TIN G GRADE
PURPOSE.
i.,�,.o ivyl LOPhIl N'. CONS� I Tl\(l
DRWN: TAT
DAr_r;
0-6/18/21
5CA'LE; 1" = 30'
" ]AN I )M.RYIY i %I_K'� F LS
JOE*. 21 - 612
REV-:
1
JEW le, i0 I 1li�, I {A III !.SQ
-1
ZONED.
F.F.E_ ASE- 827�8'
F iAi,�, Ir:kji_jn* 4r,I P-4
IV, On irlAr (3 2 � 1�4 R71;4,
ZONING:
F.• .E CAR: 826.5'
FAx- 131 ' I-,H,l L-LIT62
E_ma®I T,a T-m—hind—n,
2 0'
REAR
F.F.E. DSM'T; 817.8-