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HomeMy WebLinkAboutENCROACHMENT- CTE - Epcon Carmel-20220411OocuSign Envelope I47:5763FE043-9E94-4233-SEB5-3F762Q281573 2022018442 ENCR $25.00 04/11/2022 04:03:56PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II II I III II I I III I II JMZ R (401 CONSENT TO ENCROACH 1 HIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Lpcon Cannel LLC, 13900 Grisham Dr, Carmel. Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, liamiilon County, Indiana, by and through its Board of Pubfic Works and Safety ("City"). WI I'NISSETH: WHEREAS. Owner owns Parcel 17-10-19-00-12-011,000 ("Lot") in COURTYARDS OF CARMEL. section 1, which is located within the corporate limits of the City of Carnicl, 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 6 SLIDE 205, Instrument Number 2021-88205 in the Office of the Hamilton County Rccordcr on 12/08/2021. as COURTYARDS OF CARMEL, section I (the "plat"); and WHEREAS• the current Owner wishes to install a Deck overlook on the I.ot (lhc "Site ImProN'cment"); and WHEREAS. Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a copy chi s attached hereto and incorporated herein by this reference as Gxhibit_i3; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 10-1oot Drainage Easement identified as " 10' D.l ."on Exhibit Il (the "Easenoent"); and WI [ERPAS. the fiasement 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 Lix i i ; and WIIERHAS, City of Carmel Board of Public Works and Salety approves lire Owner's request for a aarianeu from Carmel City Code Section 45-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS. Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on F hi W and WHEIM-AS, 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 F.asemcnl. DocuSign Envelope ID: 5763FED6-9E94-4233-BE55-3F762D281573 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: I. The foregoing preambles. recitations and definitions are made a Karl hereof 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 othenvise change the Site Improvement from what is depicted on 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 any utility lines, server 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 Oxvner 3. 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, judgements, attorney NO 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 Ovrncr, 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 an)- improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. $, The parties agree that the terms of this Agrecment shall be hinding 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 arc authorized to enter into and execute this Agreement for and on behalf of the party which they represent. if). Phis Agreement shall be effective as of the (late on which it is last executed b) a party hereto. DocuSign Envelope 10: 5763FED6-9E94-4233-BEB5-3F762D281573 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 alter the effective date of this Agreement. 12. O%vlicr agrees not to alter the ground surface elevation within the limits of the casement 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 Fneroachment. "OWNER" PROPER TY UI NNER STATE OF INDIANA ) ) SS: COUNTYOF aMil ? PROPERTY OINVER Printed Name Signature Date: Before me, a Notary Public in and for said County and State, personally appeared S t� f 1 D(.J by me known, and who acknowledged the execution of the foregoing "CONSENTTO ENCROACH' as his or her voluntary act and deed, Witness my hand and Notaria] Seal this day ofY)tirr{ 1 20 My Commission Expires: CAROt_A DIXON Notary Public - Seal Hamllton County . State of Indiana COMmIssion Number NP0733529 MY Commission Expires May 6, 2029 Ca" ' It 1 NOTARY PUBLIC 05 f Printed Name My Counly of Residence: Docu&ign En'vefope ID'. 5763FED6-9E94-4233-8:°85-3F762D281573 "CITY" CITY OF C.ARMEL. INDIANA, 13Y AND 'F1IROUCIS ITS BOARD OF PUBLIC WORKS AND SAFETY NOt Present BY: James Brainard. Presiding Officer Date: --1-1B qn,d by: QRLA&G ic4rj1ilrke. Member 4/6/2022 }ate: l!ran fpafsnl.+. i�t Veg!rARP Ivieraber 476/2022 Bate: tiI'N]*]5 OF INDIANA I SS: C01JN'I Y OF HAM11,1-0N } —®ocubigned by'. Sue Wolfgang, Clerk Date: 4/6/2022 Before rate, a Notary Public in and for solid C'011nty' and Stale, personally appeared JAMES BRAINARD, MARY ANN BURKL; anti LOR1 WNFSON, 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 of THE CITY OF CARMEL. who acknowledged the execution of the foregoing "CONSENT-1-0 ENCROACH"ran behalf of Oe City of C omilel, Indiana. Witness F Iy hand and Notarial Seal this _ 6tN,), of April ?q 22 HOLLY J. HARMEYER Notary Public, Strata of Indian Hamilton County C—flsslon Number NP073798 My Commi3sion �Xptras December 15, 2029 Nly I conmission I pirc. 12/ 15/2029 NOTARY P1,_331.1(l/ " Holly J. Harmeyer Printed Narw My County ot'Residence: Hamilton This b"trumenl was prepared by Jon Ohcrlander, l squirc, Assistant Corporation Counsel, One Civic Square. Cannel. Indiana 46032. 1 affirm, under the penalties for txi.jory. that I have asked rcusonahlc care to redact each social Sccurit} Numhcr in Illis dOCUnIN11. unless required bf law. Jon Oborlandcr, I <quire DocuSign Envelope ID 5763FED6-9E94-4233-BEB5-3F762D281573 iii 2 nc 4 U sa. z 00 Q U 0 Q U) w rµ n w w L o a w .. 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