HomeMy WebLinkAboutENCROACHMENT - CTE - 3207 Driftwood Ct - Sams-20220303Docu Sign Envelope ID: 19225BEOA 115-4986-BFAE-58D4BOD556B7
2022011484 ENCR $25.00
03/03/2022 02:23:51PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN LLP
Recorded as Presented
,CQNSENT TO ENCROACH
'PHIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Sams, David R & Jennifer M,3207
Driftwood Ct, Carmel, Hamilton County, Indiana 46033. (individually and collectively, "Owner"), and tho City of Carmel, Hamilton
Coonly, Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 69 ("Lot") in SMOKEY RIDGE, section 3, which is located within ilia corporate limits
of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attnched hereto and
incorporated herein by the reference; and
WHEREAS, the official plat of the Subdivision was recorded in PB 15 PG 10-13, Instrument Number 9749155 in the Office of the
Hamilton County Recorder on 11122/1987, as SMOKEY RIDGE, section 3 (the "Plat"); and
WHEREAS, the current Owner wishes to install a Realignment of stonnwaler pipe oil the Lot (the "Site
fneproventcnt"); and
WFIEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement oil the Lot, a
copy of which is atlaclted hereto and incorporated herein by Ili is reference as F.xhibiLB;and
WHEREAS, the Site Improvement will be constructed oil portions of the Lot designated as 30' Drainage and Utility
Easement , identified as "30' D.&.U.E."on Exhibit B (the "Easement" ); and
WI-IEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on ilia Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easeutenl,
which Encroachment iserossbalChed on Exhibit B;and '..
WHEREAS, City of Cartttcl Board of Public Works and Safely 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 Encroaclunenl; and
WIIEREAS. Owner acknowledges that this Agrmlient does not imply any approval or existing or future improvements
not indicated by Owner on Exhibit 11; and
WHEREAS, (lee 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: 19225BEO-4115-4986-BFAE-5BD4BOD556B7
MOW, Tl-IEREFORE, for and in consideration of (lie Inutuol covenants and agreements contained herein and
other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
parties nuihially promise, agree and covenant as follows:
I. The foregoing preambles, recitations and definitions are made a part hereof as though such were fiilly
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 leans and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or Dthcrwisc
change the Site Improvement from what is depicted on Exhibitand to inaintain the Site Improvement in
good condition and repair.
4. Owner agrees that City shall have the right to reinove any portion of the Site linproventcnt 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 lawfid 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 (lie Site fmprovnient, the Lot, or to Owner
5. Owner agrees and acknowledges that the City's consent to encroach Upon the Easement, as provided in this
histrunicat, regards the City's Eascmenl 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
p0mon's consent even if such property interests are also located within the Easement.
6. Owner agrees to indemnify grid hold harmless City, its officers, officials, members, employees, hrvilces,
licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attonicy fees
and costs arising from any bodily injury and/or death, and from any destruction or damage to any properly or
improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to
Paragraph 12 licrcof, which results directly or indirectly front any net of Owller, fts 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 Easeiticnt and any improvements located therein caused by [lie installation, construction,
nmintenance and/or operation ofthe Site Improvement.
8. Tlie parties agree that the terms of this Agreement shall be binding upon and inure to flue benefit of their
respective heirs, administrators, successors and assigns.
9. The pnrtfcs cx CIALIg this Agreement represent and warrant that Qrcy are authorized to enter into and execute
this Agreonicat for and on behalf of the party which they represent,
10, This Agreement shall be effective as of the date on which it is tnst executed by a party hereto.
DocuSigc Envelope ID: 19225BEO-4115-4986-BFAE-58D4BOD556B7
t 1. The Owner agrees to provide fill 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, saluroted soil or standing water on the Lot or
adjacent properties determined by the City to be resulting from the Encroachment.
"OWNIat"
PROPERTY 0MEER
�N- ,t, St'CF"� ]
Printed Name
Signature
Date: Z� ZUZZ
PROPERTY OWNER
�1•{�Y111 1 -Q& S DVt1� 5
Printed Name
Sign t re
Date:
STME OF INDIA A )
)SS:
COUNTY OF /?}Cl146-
Before me, a Notary Public in and for said County and State, personally appeared i Ect/ -2
by me known, and who acknowledged the execution of the foregoing "CONS GNI' TO ENCROACH as his or
her voluntary act and deed.
Witness my hand and Notarial Seal this day of , 2
My Commission Expires:
NOTARY PUBLIC
JP,E•l. SL/9/. -minted Name
es
�- �pIARY �� My _ unly of Residence:
• Js q �
N �
o `�Q
r PUB r
���,A eolti����,1
DocuSign Envelope ID: 19225BEO-4115-4986-BFAE-58D4BOD556B7
"CITY"
CITY OF CARMEL, IN1)1ANA,
BY ANU'rHROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: NOT PRESENT
James Brainard, Presiding Officer
Date:
Docualg"d by:
a _ t,
N ad@W"Lfke, Member
Date: 3/2/2022
Fpacu3yned by:
tl_4_
4f�i'�V91°Mentbcr
Date: 3/2/2022
STATE OV INDIANA )
)SS -
COUNTY OF HAMICTON )
[DocuSlgned by:
AVe ar3 ' Clerk
Date:
Before ntc, a Notary Public in and for said County and State, personally appeared JAMI?S BRAINARD,
MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of
Carmel hoard of Public Works and Safety, and Sue Wolfgang, Clerk of 714E CITY OF CARMEI., who
acknowledged the execution of the foregoing "CONSENTTO ENCROACH" on behalf of the City of Carmel,
Indiana.
Witness my hand and Notarial Seal this 2 ndiay of MARL H , 20 2.2
HOLLY J. HARMi=YER
a`1p.•••,.elS Notary Public, state of Indiana
'z:SEAL n fiamilton County
r'•• • Commission Number NPtt737882
/tidf ANP'p MDDcemberi16, Expires29 NOTARY PUBI,
My Commission Expires;
IV
Holly J. Harmeyer
12/15/2029 Printed Name
My County of Residence: Hamilton
'rhis instruntcnt 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
d000n1Cl1t, unless required by law. don Oberlander, Esquire
DocuSign Envelope ID: 19225BEO-4115-4986-BFAE-5804BOD556B7
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DoC Sign Envelope lU'192259EO-4115-4986-6FAE-58D4EOD55667