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Home My WebLink AboutENCROACHMENT- CTE 1570 Jensen Drive - Roncevic-20230504DocuSign Envelope ID: Fg58AD14-DC17-4D8D-B2B6-A04320874CCF 2023016022 ENCR $25.00 05/04/2023 02:35:58PM 6 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II I III III III II TGR � Itup u,t CONSENTTO ENCROACH THIS CONSENT TO ENCROACH (hcreinaner the "Agreement") is entered into by and between Roncevic, Ashley Rhea & Alan w&h, 1570 Jensen Dr, Carmel, Hamilton County, Indiana 46032, (individually and col leclively, "Owner"), and the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 26 ("Lot") in CLAY CORNER, 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 Qrc Subdivision was recorded in PC 5 SLIDE 790, Instrument Number 2U18-3354 in the Otficc of tlic Hamilton County Recorder on 01/23/2018, as CLAY CORNER, (the "Plat"); and WHEREAS, the current Owner wishes to install Landscaping 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 1.01, 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 [,at designated as 10-foot and 20-foot Drainage, Utility and Sewer Easements, identified as"10' D.U.&S.E. and 20' D.U.&S_E."on Exhibit B (the "Easenien("); amf WHEREAS, the Eascurent is beneficial to the City and its residents; and WHEREAS, as indicated oil the Sketch, the Site Inlprovenrent will encroach (the "F.ncroachnlent") 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 WHEREAS, Owner and City acknowledge the location ofthe 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 13 should not materially interfere with file City's use of the Basement. DocuS gn Envelope ID: F958AD14-DC17-4DBD-S266-Ao4320874CCF 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: The foregoing preambles, recitations and definitions are made a part llerCof 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 ill 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'-, 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 othenvise, 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. 9. 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 waiTant 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 cl ective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: F968AD14-DC174D8D-B2B6-A04320874CCF 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 (late of this Agreement, 12. Owner agrees not to alter the ground surface elevation within due limits of the casement at any time. 13. Owner agrees to remedy any drainage problems or issues, sattratcd soil or standing water on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. "OWNER" PROPERTY nWNER 4S RuN mac. Pri nme Signature s� ff} j Dale: `"f ! ! f PROPERTY OLYNER /L4N f 41JGl-VIL Printed Name Signature Date: STATE OF INDIANA NATASHA h? DUGDALE `o�* �e� Notary Public, Slate of Indians ' zz -$ SEAL'^= Marlon County • r commission Number NP0738434 COUNTY OF /u 0i'o r-+ ) %:tioii+NP�c' My Commisslon Expires January 12, 2030 /j Before me, a Notary Public in and for said County and State, personally appeared h ssh to j «.Nd f I u N by me known, and who acknowledged the execution of the foregoing "CONSENT TO } NCROACIV as his or lief' voluntary act and dccd. ilk / Witness my hand and Notarial Seal this day of —Ap—n ( , 207-3. My Commission Expires: J4_N Z, 2-01,j NOTARY PUBLIC AlIdAf act- 0 I t s [c -- Printed Name My County of Residence: A4 (LI-1 oN DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Dxu6bn.4 PY: BY: F I�NkIM+MM.h .. .lames Brainard, Presiding Officer Date: 5/3/2023 ouspn.a m: ��tL MiS12 oa_. Mary Ann Burke, Member Date: 5/3/2023 Uonu9gneE b,. Lori Watson, Member Date: 5/3/2023 STATE OF INDIANA ) ) SS: COUNTYOFHAMIITON ) Sue Wolfgang, Clerk Date: 5/3/2023 Beforc me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN 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, and Sue Wolfgang, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmel, Indiana.t Witness my hand and Notarial Seal this day o , 24 �•�up 'fir; o�;��s`°" ��,�'•. My Commission Expires: ;' N OTARr'� 0 -X �-4 pVBiLIC ��rta�f�s♦sN� MR, NOTARY PUBLIC _ Printed Name My County of Residence: This instrument was prepared by Jon Oberlandcr, 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 by law. Jon Oberlander, Esquire DocuSign Envelop; ID: F958AD14-DC17-4D8D-B2B6-Ad4320874CCF Exhibit A SURVEYOR'S UERMCATE DOCKET M LW DESCWD A pat of the Southwest Quarter of Mori 27 and the Southeast 0uartsr of Section 28, both in Tow # 18 kh Range 3 Erik n Ooy 1onmshp Halton Count% tndlona, being we pod a laly desanbed os follows CO1rIlMO at the Northwest comer of sad Southwest Ouarler, lima South 00 dqm 07 mantes 17 winds West (boils of beormg . the Secondary Plot of Woge of WtOay $Kim 15002-A, as per plat thereof recorded as Instrument numw 2008025256 n the Olke of the Recorder of sad County) dong the Wtst Ina of sad Quarter Seelron a distance of 10001 feet to the asaulherly right -of -ray le» of 131st Street as des W m a W rranty Deed to the Oily of Carmel, Woo, recorded as Instrument number 20ONM in land Reader is 4lfaoe and the PMT OF SEGN11>t10, the folowng Dane (9) MRS ore dong sod southerly right -or -ray Imes and the westerly rnghl-of-ray Ines of day Canter Road as 406W in nnad Deed, (1) North 89 degrees 10 minutes 04 ROM East 2142 feet (2) Nadi 76 degrees 17 minutes 12 seconds East 179 51 ftel. (3) Horlh 64 degrees 15 inmates 45 seconds East 17464 feat, (4) Horth 89 degrees 09 minutes 42 wends tog pordld ninth the North tme of sad Quarter 63873 feet, (5) South 41 degrees 30 mates 50 seconds East 11460 riot (6) South 22 degen 01 mmute 08 seconds East 22343 feet to a pool on o alive to the nghl having o rodsn of 46000 real, the rodus port of whrctn Doors South 67 degrees 58 minutes 52 won& west, (7) southerly Bang weld ensue aA ore d>stanu of 17064 feet to a point rhach bean North 89 degrees 14 minutes 08 seconds East I'om sod radius pant, (8) South 00 degrees 43 minutes 52 seconds foal padld with the east line of o trod of land desanbed m a deed recorded os bairn wt No 200200096470 in sod Recor(Wis Office o distance of 7619 foot (9) North 89 degrees 14 rrirlules 08 woods Eost 4000 feel to sand out W. tl►enoe Soui h 00 degeee 45 mates 52 winds Eost long sand soil Imo a distance of 09 25 legit to the southeast carnet teerreof, two South 89 degrees 10 nrnutes 11 seconds west long the south line of sad tract of land a dalance of 126383 feet to the oouthnrest coma thereof and o Pont on the west Moe of sad Southwest Ouorter, thence North 0Q degrees 07 minutes 17 seconds East long tad West too o Manat of 50402 foot, them North 83 degrtts 52 minutes 47 wands West a distance of 7It feet to a pant on a tangent gHre to the kfl hovmg a radius of 1400 feat the rodlut poet of wrt>ach bears $W% 06 degrees 01 mnrnutes 13 umxk West Uwe resledy and south esterly along sold am an arc distance of 1789 feet to a point rhldh begs flarth 61 degrees 04 minutes 35 seconds hest from sad rodius point to a pool on a ro -tangent curve to the left having a rodus of 155 00 feet the rodlas Pont of which bears Nath 61 degea 04 naetes 35 seconds Nest, thence northerly Bang sad curve an arc dislwoe of 6169 loot to 4 Point which bears South 89 degrees 52 minutes 43 seconds Cost from said radius point, thence 11ath 00 &ogees 07 minutes 17 tecands East parallel with the East Ins of coed Southeast 0uarler Becton o distance of 106 20 feat to a point on o tangent WM to N left having o robs of 41500 feet the radius point of *A beat North 89 degrees 52 minutes 43 seconds West them rnorlhetlp and northresterty donq solid one an arc distance of 29168 feet to a point Ad heart total 49 degrees 49 minutes 26 seconds Evst from sold rodme point, themes North 49 degrees 33 minutes 47 wands Eost a drslonca of 142 79 feet to the East tone of sad Southeast Otnarter, Ow" Ranh 00 degrees 07 nnutts 17 seconds East dons sand East Woe a dalmoli of 5039 feet to the Pant of ROP11019 CMtatk 3417 wo& more or less DocuSign Envelope ID: F958AD14-DC17-4D8D-B286-AO4320874CCF r— — — --] nElbil6�- -1 1 V1 I PAPA) A I-CIII-I U�D, I[JfILVLI I(IDRAWIA 3 WAt I, 1 1,-15 LOH CA I I V I Ir 1 57. 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