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HomeMy WebLinkAboutENCROACHMENT - CTE-12072 Sigillary Way - Thompson-202203092022012524 ENCR $25.00 03/09/2022 03:47:11PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Thompson, Terry J & Linda M h&w, 12072 Sigillary 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"). W ITNESSETH: WHEREAS, Owner owns in fee simple Lot 44 ("Lot") in THE HAMLET AT JACKSONS GRANT, section 2, 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 ofthe Subdivision was recorded in PC 6 SLIDE 6, Instrument Number 2020-71814 in the Off -ice ofthe Hamilton County Recorder on 10/08/2020, as T H E HAMLET AT JACKSONS GRANT, section 2 (the "Plat"); and WHEREAS, the current Owner wishes to install pergola posts 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 Improvement will be constructed on portions of the Lot designated as Variable Drainage and Utility Easement, identified as "Var. D.&U.E."on Exhibit B (the "Easement'); and WHEREAS, the Basement 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 ofthe Easement. 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: l . 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 (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 otherwise 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, 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 Improvement, the Lot, or to Owner 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. 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, attorney 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.. & The parties agree that the terms of this Agreement shall 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" PROPERTYOW V R PROPERTYOWNER P ' tedName 41, Signature ([♦ Date: rD1rVavt! is a Qua, STATE OF lA3A _ ) SS: COUNTYOF��`�- ) Date: V-1 i // Printed Name 40,01 Before me, a Notary Public in and for said County and State, personally appeared L iN44 A4.-Asoysewf -Mize y S . --n4&,- fes n J by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. Witness my hand and Notarial Seal this day of , 20DL My Commission Expires: AOTARYPUBLIC� �] i�l G 4Aez - Printed Name My County ofResidence: G4 4-4- F-5 PFY PC/ J� © Expires _ 08/04/2024 + OS Richard A Schaeffer My COMM'ss10" u mz ^ GG 9781$a ���rl11+11IitY4{II�� DocuSign Envelope ID: B6815DF3-9C41-4654-A312-7ECD21F192F5 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS ANT) SAFETY —�ocu5p ned 6y: BY: !' -- ames� �]ZD ding Officer Date: - - — -- Co-Sig-d 6y 1 ' r�V o2 r Date: - 13-lsla-d 4y' DM*MmM, Member Date: 2/16/202 2 STATEOFINDIANA } ) SS: COUNTY OF HAMILTON } ..__. D—S fgned by! 'Stxe� 16 jr o 2 z Date: 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 lhis/� dayof February,20 2.2 L OLM. HARMEYER ary Public• stets of Indiana f Hamilton Countymission Number NPp'737882y Commission Expires N TARYPUBDecember 15, 2029 My Commission Expires: Molly ] Harmeyer 12/15/2029 Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Oberlander, Esquire, Interim 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 Obedander, Esquire THEMAMLET ns JACKSONS GRANT SECTf ON 2 14 the twdemigried R4sitered [.and Stawyor hereby certify that the I-MCILPied PlIaL Corr Cl ly to is a 81LbdjwiS;J0ks of Part of the Southeast Quarter of SW on 3.4. Township 18,Nortli. Range 3 East. Clay Township, Hamilton County. Indiana, more prtkularly descrilhad Eug Commencing at the Southeast vorricr of the Simik-&-a Qwfftcr of said Section 34,- ftncc Nor-th 00 dcgrvc:s 20 rninutr5 13 :5 pest skoog the Fast line of 5ai4 S DUthmt QUKW W7.77 fit to a pains the boundary of Jackson's Omni0rt Williams Creek Section 5. Tecorded w Instrument 42017050 3 5. ?.C. #5. Slide .4758 in The 01fice of the RecmxkT for Hamilton County, Indiana, thence confinuing Nortli 00 degrees 20 mIntites 13 seconds East along die aforesaid East [[tie and said boundary 356.96 feel to the Right -of -Way dedication as recorded as Instrument NumbeT 2017-002664 iia the afliTesaid Record&s Office, dbmce North 89 deorees. 1rriLnutes 47 sbbands West,50.00 feet along said Riot -of -Way dediivaclan and the boundary of die afbtrewid Jw1son's Orant On Witliamr, Creck Section 5, to the P%DINTOF BEGINNING uftbis dtnocioon siid point a1w Incinig oxi the boLaidary of The Harnlerar jack%nFO-9 Orant, Section I, Furarded as Instrument A2017040 AU, P.C. 95, Slide 9711-5, In fficsfore-mid Roemdors Office; thg following sem, (1) GGVFP9s are On and at fi* bmrAkry of't1wOoFesaiia Wkson's Omni: On Willipaws Creek. Section 5; (1) Soulb M degrees 210 minutes 13 seconds. West 240.50 het, (2) South. 4 5 degrees 20 minutes 13 seconds West 43.39 leef,, (3) North 89 degrees 39 mitittles. 47 seconds West 183.33 fw, to the point of ciwvature of -a curve concave 9,whedy, the iradiu& point of said curve being South 00 degrees M minutes 13 sewfids. West 525.00 feet from said point; (4) West along said curve 8 L05 feet w thr poial of lwn�pmvy of suitd runr- said pu'L111 be'ul&; North 08 dcpxcr, 30 nuinuk-ts 32 wconds. Wesl. 525-00 feet from the radius point of said runic, said point also bcint the point -ofeurvature or a cun-c uorwwwe northeasterly, the radius point of said curve being Nortk 08 degrees 30 minutes 32 9cw-w4s Wcst 25.00 Celt from wid point; (5) Narthwcat WorissBW cum 37.56 fort to tiho point oC tangcticy of sari curve, said point bring South 77 dcgrcc5 34 LW-nutcs 105 &won4s. WW 25.00 feet [rain the Fkjus point of said curve: (6) Konh 12 degrees 25 adawes. 55 seconds West 3 k 4.73 foul 10 the Point of curvature ofa. curve emeave easterly, the radius point of said curve Mng Nanh 77 degrees 34 minutes 05 swonds East 2*475.CO fftl from said Wnu, (7) North -along said curve 113.93 fee to a paiim cm said oume, said point being South 80 degtees. 12 m rout 19 sw-'Onds. West 2,475-00 feet �m the tMd-Eas point -DC said curyr, said point n1so being a point on the bmindary of the aforesaid The tarn let &t Jackum's Clm& Section I -, the following eight (9) cum-ses Are on and alging said Wmda:ry, (I ) North 79 dcUccs. 34 Tnimks 5 1 =orWs rasa 119.0 fact to a point on a cuFwr. concave suruthwcacdy, the radius Oni -nsfsaid curve being South 41 ckgrm 40 winuMs 44 smonds West 23.00 sect fiUM said Ont. 0) Southcag along �d cuTw 1 &6 fm to the pokns of tangency or -said curve-saidpoint being NaTth 79 degrees 52 iiiinwes 01 seconds FzsL 28.00 Feet franc the radius poll nt of said curve; (3) North 79 degrees 52 minutes 0 1 seconds East 24-00 feet, (4) North S degrees 45 minutes 24 swonds W-esi,30.54 Feet, (5) North 90 degrees OD minutes 00 seoomi% East 13122 feet, (6) South 09 degrees 39 1-ninutes 32 s&onds Fast 159-91 feet; (7) South 00 dq:rees W minutes; 00 �warmd& East 47.21 fftt; (8) North 90 d2j;rees 00 minutes 00 scommis East 110.12 fem to the pLfbw of begirming, mritaining 3.399 amm.% mourr, or Im, sub)wt to all bco bighway5, rigbt-af-waya, cascynrnts, aW Fcowk-tiam of rovoFd.