HomeMy WebLinkAboutENCROACHMENT - CTE- Old Town Design 803 Rosemary Gardens-202205262022026305 ENCR $25.00
05/26/2022 02:17:51PM 6 PGS
DocuSign Fnvdlwp ID: E5671049.8E1B-493D-8964-FFA50FBBOABF Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II II I II I I I I I I III II TGR
CONSGNTTOENCROACH
THIS CONS I;NT "1-0 ENCROACH (heicinnl)ei the "Agreonlcal") is entered into by ;utd botween Old Town Design Group LI.C' 403
Rosematy Gardens, Carmel, Hamihon County, Indiana 46032, (individually and collcclivcly. "Owner"L and the City ot- Carnid.
Hamilton C'ounly. Indiums, by and du-ou(;h il, Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 50 ("Lot") in NORTH END, 6ecli0n 1, %%llit:h IS located within the corpordc hillils of
the City of Carmel. Indiana ("Subdivision"), which real estate is more parliculmly described in Exhibit A. annched hereto and
inemporated€ herein by the rererence; and
WHEREAS. [lie olEicial plat of llte Subdivision lv.; recorded in PC G SLIDE 79, Instrument Number 2021-19541 in the 011iec of
the Hamilton County Recorder on 03/11/2021, as NORTH END, section I (the -'Plat"); and
WHEREAS, the current Owner wishes to install a Window Well on the Lot (the "Site Improyeinwrt"); Mid
WHEREAS. Owner has given the City o sketch ("Skelcli') depicting the locution of' file Site Improvement on the Lul. a
copy of which is :Ittacbcd hereto and incorpor:ned herein by this reference aS Iixhtblt 13; luld
WIIERf:AS, the Site Improvemem will be constructed on portions o1 the Lot desiknntetl as 5-li>ut utility Easenleml ,
identitiad ai "5.0' U.t ."on Exhibit B (the Tnsemcm-); and
WHEREAS, the Easement iS beneliciat to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement "ill encroudl (the "Eneroaehn)ent") upon the Easement.
which Encroachment is ero,shatclied oil Exhibit 13; and
WHEREAS, City ill' Carmel Bond or Public Work, amd Safely ❑pprovcs the Owncr`s request tier n variance from
Carmel City Code Section 6-227(4); and
WI IEREAS. Otcner and City acknowledue the tPCat11111 ul'the l-11e KLCht,lellt: and
W11FREAS. Owner acknowledge. that [his ,\ureenlenl does nut imply any approval ill' existing or Illttne improvement,
nut indicated by Olcnvr on Exhibil 13; and
WHEREAS, the location of the Site lutproacnlent as indicated by the Owner on Exhibil R should not materially
interfere w ilh the City's use o0he Easement.
DocuSign Envelope ID: E5671049-8EtB-493D-6964-FFA50FBBDABF
NOW. THE.REFORFE for and in C111I1.0CCiltlotl Oft Ile mutual Covenants and agreementscomitined hcrom and
Other `rood and raluable consideraliwn, the sulliciency and receipt of which are hereby acknowledged. file
pZIOICS nntually promise. agree and CONenant aS Helloes:
I- The Core oinL preambles. I-CCilallwllS and dV011itiwos are made a Ixu-I hercul'aS though such WCre Cully
set lorth herein.
'. I he City consents to the Encroachment for wily so lung as
i i ) the Encroachment exists; .Lid
I ii) Ol+'ner complies with all ol'the toils and provisions orthis Agreemeat.
3. Owner covenants and agrees not to extend. illewasc, nlodily, alter. landscape, reconfigure or otherwise
change life Situ Llnprovemcnl front what is dcpictcd wn ENhihil B, and to maintain the Site Inlprovenlellt in
good condition anti relvir.
, Owner agrees that City shall have the right to rcmosc Lilly portion ol'the Site Improvement as Cily deems
necessary, in City's sole: discretion, to install, protect and or rcpairally ulihty lines, sewer lines or drainage
ditches located in the basement, or for any other lawrul purpose, and that, should file City take such action. the
City shall incur no obligation to repair, replace or reimburse Owner ror the cost orany damages thereby caused
to the Site Imprwvnlent- the Lot, or to Owner
5. Owner agrees and acknowledges that the City's comcnl to encroach ullon the EaS7n1et1L aS provided in this
instrument. regards the City's Easement interests only, and does not constilatC perltlissioa or MR1101-11y for Cite
Owltar to otherwise enter on, in, under, over, or upon the property interests of any other person without that
person's consent even ifsueh property interests are also located within the Easement.
6. Owner agrees to indemnity and hold harmless City, its offiicers, officials, wembems, employees, invitees,
licensees and agents, from and avainst any and .111 losses, liabilities, damasks, clads, judgments, attorney fees
and costs arising from any bodily injury and%wr death, and from any destruction or dantage to any property or
improvements, located on the 1.o1. wr otherwise, and or for -,lily railure orproper disclosure pursuant ur
Paragraph 12 IIeFCOf, which results directly or indirectly from any act of Owner, its employees, contractors
atl(liwl• llLentS ill, Ull. LIIILICI', aCIUSS or to the LaSemllenl.
7. Owner agrees to reimburse City Cur any and all cosh and expenses incurred by City to replace or repair and
damage to the Easement and any inhprovelllcnts IwealCd [herCin caused by the installation, construction,
maintenance and or operaliun of the Site Improvement.
Y. I -he pallics agree that the tenlu of this Agreement shall be bindillg upon and inure to (Ile brnclit of their
respccli%c heirs, adminiNtrators, successors and assigns.
9. The parties e.xeciaing this Agreewent represent and warr:ut that they arc aulhorind W enlCl into and exCCllIC
his Agreement tier and on bchall ol'the party which they represent.
111. I his Agreement shall be el'Icetiwe is ol'the date on which it is last executed by if party hereto.
DocuSign Envelope ID: E5671049-8E1B-493D-8964-FFA50FBBDABF
11. flu Owner agrees io prok ide 111.111 disClosurc of` [his 1lgrcenlcn[ to all persons, entities and other,, xrho acquire
by Or through 0xviler any iliteIVA in IhC I_ot On and after the ell i rime (Ime of this Agreement.
12. Owner "[sees not it) tiller the 17-1.0111) l S1111:1CC CIC\a6011 wilhlll the limits Of [lie eascmenl at piny tune.
Owner a'Frcc to renledY any di-ninage problems or issues.:awrated :oil or stand1Itg wulQr on the I-ot or
adjOCenl proprrliCS (lcicrnlinod by the C iliv to be resulting 1`rom the Encroaclunctll.
"OWNER"
PROPERT1' 0II•:1 ER
PROPER IT 01 f'.1'I;R
Printed Name
Signature
Dater
S"fAfEOFINDIANA 1
) SS:
COUNTY OF j6_1 Lrj I
Bufo1r me, ;i Nouny Public in and for said County and State, personally appeared
by 111C known, and who acknowledged the execution ofthe foregoing "CONSENT TO ENCROACH' as his or
her Yoluntory net and deed, /� h �)-
myhand and Notarilal Scal thi.0 day of`kfejl� 20 , l
My Cunintissioli Expires: NOTARY 111JUIC
() 61 h. 1- 1.) 1 W-1.,y b / (")Lj
i
� NOTARY PUBLIC
Commission Number
r n NP0722556 Gf
* 3 NOTARY SEAL r; * 3
INp�e"
"``�,
Printed Name
My Counly of Residence: �LIM—IL-- lit`
DocuSign Envelope ID E5671Q49-BF1B-498D-8964-FFASOFBBDABF
"Clr)-
CITY OF CARNIEL. INDIANA,
BYAND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Not Present
Jnmes. Brainard. Presiding Officer
Date:
L
W Mke, Nlember
Date: 5/18/2022
' �.@PPF�4'St4; Ntember
5/18/2022
Date:
0oeu5igned by:
Ste. W;'4
Sue Wolfgang. Clerk
Date: 5/18/2022
STATE OF INDIANA }
} SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, Personally appeared Jw ARD,
MARY ANN BURKE and LORI WATSON, by Ine known, and by me known to be the Menibers of the City of
Cancel Baird of Public Works and Safety, and Sue Wolfgang, Clerk of TFIE CITY OF CARMEL. who
acknowledged (lie execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Cannel,
Indiana. /�
Wimess my hand and Nuturial Seal this / da of t/C/' , 20 C �',
HOLLY J. HARMEYER
f
Notary Public, State of Indiana
SF„L. W
Hamilton County
e s ; Commission Number NP0737982
MI 'Commission Ex ices %r� p';.'' My Commission EMPires NOTARY PUBI 1C
Y A December 15, 2029
Holly J. Harmeyer
12/15/2029
Printed Name
MVy CouuHamilton
ry of Residence:
this InSlntnietlt w�ls prtl)aretl by Jon Obcdander, Esquire, :�,siisllnt Corporation COU11scl, Onc Civic Square, Cannel,
Indiana 46032.
I affirm. under the Pcnetllics for perjrary. that i lm c taken reasonable care to redact each Social S,curity Number in this
document, unless required bti law. Jolt OUerkinder, Esquire
DacuSign Envelope ID. E5671049-BE1B493D-8964-FFA50FBBDABF
4 UIC u411=011JIMu, ia+ ieuy ceimy io me best of my professional knowledge, informotion and belief, the within plot accurately
represents a survey performed under my supervision of the following • described real estate: Lots 42 through 49 inclusive, Lot
60, and Blocks B, C, F and M of N66 EM — Section 1, as per plat thereof, recorded as Instrument Number 2021019541,
Plat Cabinet 6, Slide 78 in the Office of the Recorder of Hamilton County, Indiana, containing 1.648 acres, more or less.
Subject to all legal easements and rights —of —way.
This secondary plat amendment consists of nine Lots numbered 42 through 49 inclusive, and Lot number 60 and four Blocks
lettered 8, C, F and M. The size of the lots, blocks, and the width of the streets is in figures denoting feet and decimal
Parts thereof. No new right of way is created or dedicated by this secondary plat amendmenL The secondary plat
amendment is being created to revise a portion of the 10 foot wide utility easement that is located on Lot 60 and Block M.
adding a 10 foot wide ublity easement along the east side of Lots 42 through 49, a 10 foot wide utility easement running
north —south through Block B. a 10 foot wide utility easement running east —west through Block C, a 10 foot wide utility
easement running east —west through Block F, and correcting the square footage of Lot 45.
This plat is based upon surveys of the within described real estate, prepared previously by this firm and dated August 9,
2019 and recorded as instrument 12021019539 and another survey dated August 14 and recorded as Instrument
#2021019539, in the Office of the Recorder of Hamilton County, Indiana. There has been no change from the matters of
survey revealed by said previous surveys, or any prior subdivision plats contained therein, on any lines that are common with
the within plat amendment.
Registered land Surveyor Certificate -
I Eric C. White, hereby certify that I am a registered Land Surveyor,
Licensed in compliance with the laws of the State of Indiana.
I affirm, under penalties for perjury, that I have taken reasonable care to
redact each social security number in this document, unless required by law.
Witness my signature this —2119-1 day of ,chef ___ 2021.
Eric C. White, P.S. #29700012 Z<,
Ho. 29700012:
STATE of
• ;NorA"p' e 0,
'4... StjPv
Exhibit A