ENCROACHMENT- CTE 9650 Prairiewood Way - Thompson-20230503DocuSign Envelope ID: 3717C19A-663A-4AD0-AF36-36AF52C04B9D
2023015540 ENCR $25.00
05/03/2023 08:55:18AM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
II II II II II II I I I I III I II II
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I1
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Thompson, Douglas E &, Mary E,
9650 Prairiewood Way, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"). and the City of Carmel,
Hamilton County. Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 27 ("Lot") in BRAMBLEWOOD, 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 the Subdivision was recorded in PC I SLIDE 447. Instrument Number 9433759 in the Office of
the Hamilton County Recorder on 08i01%1994, as BRAMBLEWOOD (the "Plat'): and
WHEREAS, the current Owner wishes to install a Pavilion and concrete pad 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 Lot, a
copy of which is attached hereto and incorporated herein by this reference as Exhibit B and
WHEREAS, the Site Irnprovemcnt will be constructed on portions of the Lot designated as 20' Drainage and Utility
Easement. identified as "20' D.&U.E."on Exhibit B (the -Easement"),- and
WHEREAS.. the Easement is beneficial to the City and its residents: and
WHEREAS. as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment') 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 B should not materially
interfere with the City's use of the Easement.
DocuSign Envelope ID. 3717C19A-663A-4AD4-AF36-36AF52Co4B9D
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;
1, The foregoing preambles, recitations and definitions are made a part hereof as though such were fully
set forth herein.
2. The City consents to the Encroachment for only so long as
O the Encroachment exists; and
(ii) Owner complies with al I of the terms and provisions of this Agreement.
I Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise
channe the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in
goad 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's 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, attomey 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 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.
8. The parties agree that the terms of this Agreement shal I be binding upon and inure to the benefit of their
respective heirs, administrators, successors and assigns.
9. 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
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 date of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time..
13. Owner agrees to remedy any 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"
PROPERTY OWNER
Printed Name
Signature
Date: _' � 1
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STATE OF INDIANA )
SS:
COUNTY OF )
PROPERTY OWNER
kgU 0 k,0 1501
Printed Name
Signature
Date: 3 l4
Before rne, a Notary Public in and for said County and State, personally appeared J 1-,
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. -M
Witness my hand and Notarial Seal this -V day of , 20
My Commission Expires:
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NOTARY PUBLIC
Printed Name
My County of Residence: i hJ1
DocuSign Envelope ID: 3717C19A-663A-4ADO-AF36-36AF52C0489D
My Commission Expires:
"CITY"
CITY OF CARMEL. INDIANA.
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date:
0-.Slpned by;
f QLIAn. bu CI.
"E]ICC 068EJ
Mary Xnn Burke, Member
Date: 4/6/2023
O 5Vi ukSpnetlsboyv.
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L.oan�VcaaSon,.
Member
Date: 4/6/2023
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
—D—S- neaby;
S,"W4-3
Sue Wolfgang, Clerk
Date. 4/6/2023
Before me, a Notary Public in and for said County and State, personally appeared
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, 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.
Witness my hand and Notarial Seal this day of 20��
"6:EiC
NOTARY PUBLICST
110,11 apno,a
Printed Name
My County of Residence:
This instrument was prepared by Jon Oberlander, 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 Ober€ander, Esquire
DocuSign Envelope ID: 3717C19A-663A-4ADO-AF36-36AF52CO4B9D
Exhibit A
1, ;lac undersigned Registered Ladd Surveyor, hereby certify that the included plat correctly
rellresel}ts 2 subdivision of a part of the, Southwest Quarter of Section 9, Township 17 North,
Range 3 Fast in Hamilton Counly, Indiana, being €Bore parlicularly described as foliows:
Commencing at the Southwest comer of said Southwest Q;uarier; thence North 89 degrees 24
minutes 55 seconds Fast (assumed bearing) on the South line of said Quarter Seetion 653.46 feet
to the POINT OF BEGINNING of this description, thence north 00 degrees 20 minutes 22
seconds East 1331.78 feet; thence North 89 degrees 30 minutes 46 seconds East 676.80 feet to
a lx)int on the Fast line of said Quarter Section, said point also being on the West line of
Sunimerlakes recorded in Plat Boob 12, pages 155. 156 and 157 in the Office of the Recorder
of Hannilton County, Indiana; thence South 00 degrees 12 minutes 24 seconds West on said east
line of said QLlarter Section and said West line of Sur€ merlakes 1330.58 feet to the Southeast
corner of said Southwest Quarter; thence South 89 degrees 24 minutes 55 seconds Vest on the
Scull) line of said Quarter Section 348.29 feel: thence North 00 degrees 09 inintlles 55 seconds
ik'N 309,10 feet; thence South 89 degrees 74 minutes 55 seconds vilest I40.93 feat; thence
South fx) degrees 09 minutes 55 seconds East 309.10 feel to a point on the South line of said
Quarter Section: thence South 89 degrees 24 Miillites 55 Seconds' Ves; can said Soudi line 190.6R
fell to tlhe place of beginning, containing 19.728 acres more or less. suthject to ail legal
hTlhways, rights -of -way, easements and restrictions of record.
t € 11 SNI(t€Vision CCSnc; .` (+ tC ili E _
�t i lo. i l bereC.. _14 �l,ofh .:',C;.,s",V��, i he size of i 1ts a;nd wid'hs
siree,s are shown In feet and decilinal parts thereof.
`fitness my Signature this i gr day of
Curtis C. Huff
Registered Land Surveyor
No. S034�
DocuSign Envelope ID 3717C19A-663A-4ADO-AF36-36AF52CO4B9D
Exhibit B