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Home My WebLink AboutENCROACHMENT- CTE- 13062 Thurmond Way - Hofinger-202207262022037086 ENCR $25.00 07/26/2022 02:48:01PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented f)ncuSlgn Envelnpp ID 1'CA891'.D-D269-4C41-8A6C-5B6F285E82S33 II II II II II I III I I I III II II JMZ rasA�rao� C. � CONSENTTO ENCROACH THIS CONSENT TO ENCROACH (heroinafter the "Agreement") is entered into by and between Hofinger, Robert P & Stacy L, 13052 Thurmond Way, Carmel, Hamilton County, Indiana 46074, (individuaity and collectively, "Owner"), and the City of (:arrnel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). wf1NESSETH: WHEREAS, owner owns in fee simple Lot 30 ("Lot") in SHELBOURNE ESTATES, which is located within the corporate limits of lire City of Carulcl, 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 3 S1:1DE, 91 , Instrument Number 2002-86426 in the Office of the I lamilton County Recorder on 1 1/12/2002. as SHh"L.BOURNF FSTATES (the "flat"); and WHEREAS, the current Owner wishes to install a Driveway Extension and basketball goal 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 lixhibit B; and WHEREAS, the Site Improvement will he constructed on portions of the Lot designated as 30-foot Drainage, Utility and Sewer Easement, identified as "10' D.U. & S.F."on ExhlbitB (the "Easement"); and WHEREAS. the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site hnpfo Willent will encroach (the "Encroachment') rrpnn the Flascment, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Owlncr's request fur a variance from C'nrrocl City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachnrent; and WHEREAS, Owner acknowledges that this Agreenent does not Triply any approval of existing or (inure irllprnveitlellB 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 tilt, City's use of the Easclucnt. rc.eu Sign Envekx;e ID ' 2:5E82�13 NOW, Tf1EREF0RE, for and in consideration or tile mutual covenants attd agreements cenatincd herein and other good and valuable consideration, the sufficiency and receipt ofwhich are hereby acknowledged, the parties mutually promise, agree and covenant as follows: 1. 'Elie foregoing preambles, recitations and deftnifions are made a part hereof as though such were Cully set fodlt herein. 2, The City consents to the Encroachment Cer only so long as (t) 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 oft Exhibit €3, and to maintain the Site Improvement in good condition and repair. 4. Owner agrees that City shall have the Fight to remove any portion of the Site Improvement as City deems necessary, in C'ity's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the F'.asement, or for any other lawful purpose, and that, should the City lake 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 Improvtnent, the Lot, or to Owner :. Owner agrees and acknowledges' drat the City's consent to encroach upon the Easement, as provided in this instmnrcut, regards the C ity's Easement interests only, and does not constitule permission or aathoaty for tote Owner to otherwise enlcr on, in, under, over, or upon the property interests or any other person without that person's consent even ifsuchproperty interests are also located within the Easement. b- Owner agrees to indemnify and hold harmless City, its nffrcers, officials, uten.bers, employees, invitees, licensees and agents, trom and against any and all losses, liabilities, damages, claims, judgrmenu, attorney fees and costs ansing from any bodily injury and/or deadt, and front any destruction or damage to any property of mproveme�ts, located on the Lot, or otherwise, and/or for any failure. of proper disclosure pursuant to Paragraph 12 hereof, which results directly or induecdy from any act ofOwner, its employees, contractors and/or agents in, on, under, across or to ,hc Easement, 7.. C)wner agrees to reimburse City 1'm' -:ally and aft costs and expenses incurred by City to replace m repair any damage to the Easemcill and any i5nproventems located therein caused by the installation, construction, mainlenancc amilor operation of the Site Improvement. k. The patt es agree that theterms of this Agreemsm shall be binding upon and inure to the benefit r_f Ihm respcctivt. Heirs, a;lnnnistrttors successors anti assigns. 9, i'lae parties execunny, this Agrcentcol represent and warrant Ifim they are aulborire t to eutcr into and execute this \greemcnl for and on bchall if'the party which they represent. f i)_ Phis Agreement shall be effective As of tile date on which it is last executed ay a perky hereto. DocuSign Envelope ID 11CA898t7 D269-dC41-BA6C-5B6F28SE825B 1 1 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. I I/1tS!"NE " PROPERTY OWNER 3 Date: (,q I L- 2— PROPERTY OWNER Printed Name Signature Date: S'1'A-F O1:INDIANA ) } 1 Ss: COUNTY Ol F �� a 1.1�'•i k Before rtre, a Notary Public in and for said County and State, personally appeared �FkT � by me known, and who acknowledged the execution of the foregoing "C ONSENIT TO ENCROACH' as his or her voluntary act and deed. r7u )0 i � Witness my hand and Notarial Seat this �dav of « � .. Mv C'caomiysion I'xptres: NO;`; R PUIBLIC frtntedNrrne I- i ,- It t- 31%N My Coullty of Residence: JASMINE MIAKHEI Seal Notary Public - State of indiana ttamilrQn coully My Commissloo Expires May 14, 2023 DocuSign Envelope ID: I ICA898D-D269-4C41-BA6C-5B6F285E825B °Crrr, CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Dec. Slti'®tl by. BY: r' r� 0 47I$BF R8Dfid31 James 3ralnaed, Presiding Officer Date: 6/1/2022 AkAk", La w MdOfdike, Member 4 Date; 6/1/2022 L_.... Doeu9fpnetl h/hM�,:�. 5 'RlJV'[I,Member Date: 6/1/2022 STATE OF INDIANA ) )SS.. COUNTY OF HAMILTON ? F=--Ducu&lg—d by 15�, ' � �ireV8lV , Clerk Date: 6/1/2022 Before 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. Witness my hand and Notarial Seal this 1 St day of 4JUrie 2D22 HOLLY J. HARMEYER s� Notary Publir, State of Indiana -- / SEAS Hamilton County Commission Number NP0737982 1/ I ✓ I .ywA°��my commission Expires Ul�(r't✓ . , 91;01 :' 08camber 15, 2029 ARY PUBL{ My Commission Expi 12/15/2029 Holly J. Hermeyer Printed Name My County of Residence: Hamilton 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 dai:urnent, unless required by law. Jon Oberlander, Esquire DocuSign Envelope ID. 11CA898(D269-4C41-BA6C-5B6=285E825B °'a'°�""` SHELBDURNE ESTATES USTM ac WNW 001~oN W SECONDARY PLAT GM A%AWSM M tn u 6215 T N"woM (307) THE WJ/Z OF THE N.1/2, OF THE S,E,114, OF -7100-1 SECTION 30-TWN-R.`iE HAMILTON COUNTY, INDIANA #; Sail LW DEBOAMM The West Hdf of the Rath Half of the Southeast Ouarte' of Section 30, Township 18 Nwb. Nap 3 East. of the Second Princlhd lferidion, In Goy Township, Hamilton County, Indiana, be;n9 mare galiWorly described as follow.': Commencing at the Northeast Comer of the mid So theost Ouceter Section; thence South 89 degrees 18 minutes IS seconds Well (Assumed Beorng) along the North Line of the said Sourtheost Ouarter Section o distwe of 1312,24 feet to the POINT OF BEGRNING and the Northeast Comer of the West Halt of the North Half o1 Ne said Sartheost Ouster Sectka; thence South 00 de m 29 minutes 09 seconds East along the East Line of the West Not of the North Ralf of the sold Southeast Warta Section a distance of IJIJ.81 feet to the Southeast Comer of Ne West Hail of Ike North Half of the " Southeast Worley Section; thence South 89 dogass 20 minutes 29 accords West long the South Line of the North Half of the sold Southeast Ouorter Section a distance of 13IZ25 feel to the Southwest Cagier of the North Half of the sold Southeast Quarter Section; thence North OD degrees 29 minvles 07 eotonds That long the West line of the sold Southeast O.rnter Section o datonce of 1312.95 legit to the Northwest Comm of the sold Southeast 0uorter Secliao; thence North 69 degrees 18 minutes I seconds East do" the North Live of 0x said Southeast 9uortar Section a distance of 1317.24 fool to Ne BEGINNING PONT, containing 39,566 act". more or less. THIS SUBOIYt O4 CONSISTS OF 42 LOTS NUMBERED 1 NdtDUCid 42 AND BLOCKS 'A', 'El', 'C', V IDOETHER YdTH STREETS AND EASFNENTS AS SHOWN HEREON. THE SZE OF LOTS AND BLOCKS ARD WIDTHS OF STREETS AHD EASMENTS ARE SHOWN M FlOURES DENOTING FEET AND DECLYAL PARTS THEREOF. CROSS-REFERENCE IS HENRY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER tao;lg60-2 IN THE MICE OF THE RECORDER OF HAMILTON COUNTY. IMANA I, THE UNDERSIGNED, HEREBY CERTIFY THAT 1 AN A K&ISTERED LAND SURVEYOR, LICENSED IN CNAPU/NCE WITH THE LAWS OF THE STATE OF IRMA AND THAT THE WTHIN PLAT REPRESENTS A SUBDINSION OF THE LANDS SUNVEYED WITHIN THE CROSS REFERENCED SURVEY PLAT, AND THAT to THE BEST OF MY KNOWLEDGE AND B&OF THERF HAS BEEN NO CHANGE FROM TILE MATTERS OF SURVEY RFYEALFD BY THE CROSS-REFERENCED SURVEY ON ANY LINES THAT ARE COMMON W1H THE NEW MVISION. I FURTHER CERTIFY THAT THE SAD SUBDIVISION WAS PLATTED, UNDER MY DIRECT SUPERVISION AND CONTROL AND IS IM AND CO4RECT TO THE BEST OF µY KNNI)MIDGE AND BELIEF: VMS$ MY SIGNATURE 'HIS •`AY OF 20D2. SLR Q`� D. 0140, - lgTf%Dpo r'FA W D U. LAM, AC,SUR I SO506 REO4STFREO LASURVEYOR INDIANA - J50560 * STATE OF �,0 rNJIAM* �Q Np S�epV� This sub4iA,W shcli be Yno.m old deslgroted os Shelbaume Estoles an addition in Hom±ton County. k:diono As etreels whom on this Plot and not heretofore 66dikoted ore hereby 40*91 d to the public. The red estate descrbed within this plat Is hereby platted, wladi*od and mode subject to theme plol, cohwnon(s, canditians and festrictions and b further eub)act to the terms, OfInitiom and conditions at a certain declaration of cuwontq conditions and rsshictions recorded as Instrument 26e2ea0844aSdated _aCT. t, A—+ Z in the Office of the Recorder of Nwnillon County, Indimo. poc,,Sign E—elope ID. 'I 1CA898D-D269 4CA1-BA6C-586F285C825B _P_LAT O_F S_U RV EY_= This survey was prepared only for: David Bush LEGEND Last Date of Fieldwork: 9-26-2006 - --- Currently Zoned as: ,one Family Dwelling" o IRON PIN FOUND &A WATER METER LIGHT POLE 76i2ii'7770 "= sp SANITARY SEWER SCALE: 1 40' A, r N 891B'18"E 219.18' "' s.- :v, gmmoo Area Shelbourne Estates Iro I Lot 30 P.C. 3, Pg. 91 r 2 �' ._ 2 Story Frame %..� z Area 0.681 Ac. Deck ry Brick b `- Ft. Io to o r 3.313.00 Sq. - a m 106.9' o N 3 ,,.e. _ Ay I r� I S89.18'18"W ` 195.83' Lot 29 Tetco �Ped.�� 0 I I I hereby certify to the parties named above that this survey Was conducted under my direct supervision and that, to the best of knowledge and belief, this plat of survey and report confona3s with the requirements contained in Title 865, Article 1, Chapter 12, ofthe Indiana Administrative Code for a RF.TRACEMENT SURVEY, lr Qrrgr 4'.6lSTE RED TC�'A�AppING CERTIFIED_ Octuber 2, 2006 "° Foster Land Sur��eyin�, Inc. 20500003, STATE 4F p O�'- SUBDIVISIONS SITE DESIGN � 9 y BOUNDARY - TOPOGRAPHIC - LAYMUT Indium # 20500003 %� yam. �`sUR� '��l lrtl l i ll l ,t�Rao, sPRdNAKP.R 17 1NUTANAPOL.15. m' 0111 (317) 594 9933 property Address: 13062 Thurmond Way, Westfield, IN 46074_ _ Revisions: Conn Hamilton Project. O6 078 Uwner: David Bush ty J Drawn By R. Thomas Date: 101 2006 Page I of 2