HomeMy WebLinkAboutENCROACHMENT - CTE-3058 St. Charles Place - Downes-20220421JMZ
2022020291 ENCR $25.00
04/21/2022 03:43:47PM 6 PIGS
Jennifer Hayden
DocuSign Envelope 10: AD2D31Cg-FE04-41DC-OF20-6DBABED53eg6 Hamilton County Recorder IN
Recorded as Presented
II II II II II I I I I II I I I I I I II
CONSENT TO ENCROACH
-I HIS CONSFN'I -1'0 ENCROACH (11—inaller the "Agreemcn t") is entered into by and bel—n Duvynes. Curie Arm R Paul Joseph
Dotrnes jtrs. 5058 St Charles Pl, C'armcl, I lartilton County. Indiana •16033. (individually and collectively, "Owner"), and the City of
Carmel. I luntiltun Counq-, Indiana, by and through its Board of Public Works and Safety
W ITNI.SSETH:
WF IFIWAS, tAyncr —.1 in Fee simple Lot 111 ("Lot") in KINOSWOOD, section 3, which is located within the corporate lintits of
the City of Cnntef. Indiana ('Subdivision'), which real estate is mare particularly described in Exhibit A. attached hereto and
incorporated herein by the reference: and
WI IERL'AS. theufticial platofthe Subdivision was recorded in I'C I SLIDE 1. Instrument Number 8900204 inthe OR3ecoflhe
I Iamilton County Rccordcron 0l/03/19 F9, as KINOSWOOD, seen ion :3 (the "•PiaP•); and
WIIERF.AS. the .great Owner l,ishcs to install a Pool. Inut tub avid Fmrdscalw on the Lot (the "Sire Intpnnernent");
and
WI IGREAS• Other has given lie City a sketch (••Skewh-) depicting Ike location Lill' the Site Intproycinent on the Lot. o
copy of wvhich is auaehcd hereto and incor-pasted herein by this reference as Fxhibil 13; and
W IIEREAS. the Site hapniventert will be constructed on portions of the Lat designated as 5-fool Utility Easement
identified as "Y Otility Esnt." on Exhibit B (the _Easement"): and
WI IERFAS, the Easeutent is henclicial ur the City and its residents: and
WIIEREAS, as indicated on the Sketch, the Site Improvement trill encroach (tire "Freroachment') opon the Iiusenicru.
which Iineraacliment is crosshatched oa Eshibit it: and
W11IMEAS. City or C'nnnel Board of Public Works and Sulety approras the Goners requcsl I'ur a variance I"runt
C'umtcl City C'adc Section 6-227[4); and
WI I GRFAS. Owner awl. City acknowledge the location of the ICncroachmcat and
W111,RIiAS. Ot+ter acknmledgcs that this Agreement does not impl} any appro-I of existing or liuure initi—er—ots
not iadicntcd by Owvncr no Exhibit B: and
W HIi LEAS. the location of O'c Site fntl--areal as indicated be the Owner on I_ llibil. 13 should nut mmerialls
interfere with the Cit%, use of the Easement.
DocuSign Envelope ID: AMWIC9-FE04-41 DC-9F20-6DBABED53B96
NOW. I Illatl?POltli, li,r and in consideration of the mutual cotenants anti agreements contained herein and
other good and valuable consideration, the sufficienew and receipt of which Lire hereby acknowledged. the
parties mutually protnise, agree and cotenant as lolhrws:
I. The foregoing preambles. recitations and definitions are made a pant hereal'as though such were full}
set forth herein.
2, The Cily consents to the Fnemachntent fur only so long us
(i) the Dicroaclmrent exists; and
(li) Owner complies with all of the temts and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, recunligure or otherwise
change the Site Improvement from what is depicted on Fxhibit B. and to maintain the Site Improvement in
good condition and repair.
4, Qwneragrees that City shall have (lie 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 (he Site Improvment, the Lot. or to Owner
5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement as provided in (his
instrument, regards the City's Easement interests only. and dues 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 ifsuch property interests are also located within the Basement.
G. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees,
licensees and agents, Isom and against any and all losses, liabilities, damages, claims, judgments, attorney I'm
and costs arising front any bodily injury and/or death. and from any desiruclion or damage to any property or
improvements, located on the Lot, or othcnwisc, and/or lur any failure of proper disclosure pursuant to
Paragraph 12 hereof, which results directly or indirectly front any act of Owner. its employees. contractors
and/or agents in, on. under, across or to the Basement.
7. Owner agrees to reimburse City for any and all eosts and expenses incurred by City to replace or repair any
damage (u (Ile BUSCnten( and am improvements located therein caused by the installation. constrnetim.
maintenance and/or operation of the Site ImproVUrttent.
K. Mite parties agree (hat Ilse terns ofthis Agreement shall he binding upon and inure to the benelit 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 behail'ofthc party trltich they represent.
10. 'I It i s. Agree me nt shall he eftcclive as of the date on twltiell it is Iatst w(ccuted by a paNy hereto.
DocuSign Envelope ID: AD21)31C9-FE04-410C-9F20-6DHABFD53696
i
i
IL 1'hc Khtiner agrc*cs to prvvidC (ul I disclosure of this Agreement to all persons. entities and others nho ;require
by or through (ltvner any interest in the Lot on and after the effective date of this Agreement.
12. 0%%ner agrees not to aher the ground surface elevation ttithin the limits of the casement at any time.
13. O%%ner agrees to remedy any drainage problems or issues, saturated soil or standing seater on the Loi or
adjacent propcnies detenrtined by the City to be resulting from the Encroachment.
'OWNER'
PROPERTY 011',Vfi. R
ray IC T)owrus
Pri , Name
Si aturc
Date:
STATE OF INDIANA }
) SS.
COUNTY O! )
PROPERTY 011'. ER
Printed N me
Signatu
Date: �� Z
7
Before me, a Notary Public in and for said County and Slate, fxrsonully appeared ravic-t olul
by me known, and who acknowledged the execution of the foregoing "CONSENT-10 ENCROACI I' as his or
her voluntary act and deed. ,,``
Witness my hand and Notarial Seal lhis"rday of 2U
My Commission Expires: NOTARY PUBIA
2a L� Dcot
Printed Name
ofResidence:My County o
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DoeuSign Envelope ID: AD2D31C9-FF04-41DC-9F20-6DBABED53B96
"CITY"
CITY OF CARMEN., INDIANA,
BY AND TIIROUGII ITS BOARD OF
PUBLIC WORKS AND SAFETY
Not Present
BY:
James Brainard, Presiding Officer
Date:
,--- 9e vftned by:
Wit.
tl 'AWM%c, Membcr
Date: 4/20/2022
0«.Vg1.e by.
1.66 Ut&I
L r}abfatm0t4t:ntber 4/20/2022
Date:
STATE OF INDIANA 1
) SS:
COUNTY OF HAMII TON )
cusi0ned by:
iAV
Sue Ul Igang, ark 4/20/2022
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 knouts, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Sue Wolfgang, Clerk of TI 1E CITY OF CARMEL, who
acknowledged the execution of the roregoing "CONSGNT TO ENCROACI I" on behalrof the City of Cannel,
Indiana.
Witness my hand and Notarial Seal this tat' flay of April._____
E
%'% HOELY7HARMEYEREYER
®`NotaryPf Indians"= HatyMy C ommission f>spires; t CornmissiP0737992\`� My Coxpires
Dece029
12/15/2029
,20 22
DIARY PU4VI(-'
Holly J. Harrneyer
Printed Name
My County ol'Itesidence: Hamilton
This instrument was prepared by Jon ()berlander, Esquire. Assistant Corporation Counsel. One Civic Square, Carmel.
Indiana 46032.
affirm, under the penalties [or perjury, that I have taken reasonable care to redact each Soeial Security Number in this
document. unless required by lain. Jon Oberlander, (-'.squire
DocuSign Envelope ID: AD2D31C9-FE04-41DC-9F20-6DBABED53896
Ej9E
Certificate of Survey
1, the undersigned, hereby certify that the within plat is true and correct and
represents part of the Southwest Quarter of Section 4, Township 17 North, Range 4
East in Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northwest corner of said Southwest Quarter; thence South 00
degrees 08 minutes 47 seconds East along the west line of said Southwest Quarter
1326.89 feet to the Southwest corner of Kingswood Subdivision, Section 2; thence
North 89 degrees 40 minutes 04 seconds East along the South line of said
subdivision 1164.68 feet to the Southeast corner of said Section 2 and the
Beginning Point; thence along the cast line of said Section 2, the following seven
(7) courses; (l) thence North 00 degrees 19 minutes 56 seconds West, 135.00 feet; (2)
thence North 89 degrees 40 minutes 04 seconds East, 63.91 feet; (3) thence North 00
degrees 19 minutes- 56 seconds West, 330.00 feet; (4) thence North 01 degrees 51
minutes 34 seconds East, 50.04 feet; (5) thence North 00 degrees 19 minutes 56
seconds West, 278.88 feet; (6) thence North 07 degrees 33 minutes 53 seconds East,
50.28 feet; (7) thence North 00 degrees 00 minutes 00 seconds West, 138.59 feet to
the Northeast corner of said Sectio4 2; thence North 83 degrees 28 minutes 00
seconds East, 101.59 feet to the Southwesterly corner of Wood Creek Section 111, a
subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat
Book 11, Page 75 in the Office of the Recorder of Hamilton County, Indiana, (the
next 12 courses being along the south and southeasterly lines of said Wood Creek
Section III); (1) thence North 89 degrees 51 minutes 08 seconds East, 137.19 feet;
(2) thence South 00 degrees 09 minutes 52 seconds East, 6.79 feet; (3) thence North
89 degrees 51 minutes 08 seconds East, 195.00 feet; (4) thence South 00 degrees 08
minutes 52 seconds East, 26.25 feet; (5) thence North 89 degrees 51 minutes 08
seconds East, 145.00 feet; (6) thence South 00 degrees 08 minutes 52 seconds East,
25.46 feet; (7) thence North 89 degrees 51 minutes 08 seconds East, 175.00 feet; (8)
thence North 00 degrees 08 minutes 52 seconds West, 9.86 feet; (9) thence North 73
degrees 00 minutes 00 seconds East, 320.96 feet; (10) thence North 29 degrees 00
minutes 00 seconds West, 22.48 feet; (11) thence North 56 degrees 00 minutes 00
seconds East, 326.11 feet; (12) thence North 89 degrees 39 minutes 23 seconds East,
109.09 feet to the Southeasterly corner of said Wood Creek Section 111; thence South
00 degrees 20 minutes 37 seconds East along the East line of said Southwest
Quarter 1235.08 feet; thence South 89 degrees 40 minutes 04 seconds West a
distance of 1503.00 feet to the Beginning Point, containing 34.052 acres,more or
less.
This subdivision consists of 81 lots numbered 76 through 156, together with streets,
casements and public ways as shown on the within plat.
The size of lots and widths of streets and easements are shown in figures denoting
feet and decimal parts thereof.
f 4
Witness my signature this day of d: i . 1,987.
Edward D. Giacol'ttw
Reg. Land Surveyor
Indiana -#50560 CAR
DocuSign Envelope ID! AD2D31C9-FE04-41DC-9F20-6DBABED53B96
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Exhibit B r
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MASTER PLMI FOR:
00'.NNES RE300[CC
S058 511m Charles Plxe
Carlsl& IN
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-- — _— - r — MASTER PLAN