HomeMy WebLinkAboutCTE - 1627 Quail Glen-20221212DoeuSign Envelope ID. OAC25582-7469-415D-a3EF F493aOCD53F8
2022058056 ENCR $25.00
12/12/2022 11:42:03AM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II II I I I I I I I I I I I I II
EJC
1
CONSENT TO ENCROACH
'FHIS CONSENT TO ENCROACH (hereinafter the "Agreernent") is entered into by and between Nguyen,
"Thomas, 1627 Quail Clen Ct, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of
Carmel, Hamilton CDU[Ity. Indiana, by and through its }hoard Of Public Works and Safety ("City").
NVlTNI SSFTH:
WHEREAS. OWtter owns in fee simple Lot 58 ("Lot") in FAIRGREEN TRACF whseh is located within the corporate limits of the
City of -Carmel. Indiana ("Subdivision"), which real estate is mote patticalarly described in Exhibit A, attached hereto and incorporated
herein by the reference; and
V/HERL'AS, the official Plat of the Subdivision wv s recorded in PC 2 SURE 075, Insniime.nt \'umber 2001-67204 in titc Office of
the Hamilton County Recorder on I0/14f200 t, as FAIRCiRt=> ' TRM'C (the "Plat'); and
%VH RCAS. the current Owrter wishes to install a deck on the Lot (the "Site Improvement"); and
WHLRUAS. Owner has given the Pity a sketch ("Sketch") depicting' the: location of the Site Improvement on the Lot, a
cup" of which is altarhed hereto and incorporated herein by this retcrence as Exhibit B; and
lIVHLRLAS, the Site Improvement will be constructed on portions of the I_ot designated as 15-foot Uhiily and Drahmge
Easement , identified as "1 5' on Exhibit B-(the"Tasenlen("), and
%VH-.RLAS, the hasement is beneficial to the City and its residents, and
W1li RfaAS, as indicated on the Skeich, flit Site Improvement twill encr'oaeh (the "Lneroachrnent") upon the Basement,
which I?ncro:tchnacnt is crosshatclicd on E,xltibil B3 and
Wl1LRF,A1.,, City of Carmr_I Board of Public Works and Safety apprnvos the (_)wner's request [or a variance from
('armel C IP, Code Section 6-227(4); and
Mll--RLAS. Owner and City acknowledge the location of the Lncroaclnnent, and
WHGRFAS. Owncr acknowledges that this Agreement docs not imply any approval of existing or future improvetrtenis
nut indicated b', tJwncr oa hxlubit B: anti
%Vt RL-AS, the tocation of Ihcc Sitc lnaprovcment as indicated by thv Ownet on Exhibit 13 shoutd trot materially
inl,frferc with the Citv's use of the Casemcnt-
DocuSign Envelope ID: OAC25562-7469-415D-B3EF.F4934DC053FR
NM. TIII;'1-TOR for anti i]I etmsidenvinn of the IlwtuaI cmciumts and agreements contained herein and
other good and ealuahlc consideration, the sufficiency and receipt of which arc hereby wknowledgO. the
panic, natltnally promise, and coy enant ns liallows:
I The foregoing preambles, rceilmionc and definitions aro made a part hereol'as though such xvcre fully
set forth herein.
2, The City conscnls to the EnClbachmCnl for anly So long as
(t) the F.Ticraiachlracnt c.ei,ts: anti
(ii) Otrner complies %vith all of the terms. wid oiovision;s of this Agrccmem
3 Owner covcttanls and nglecs not to cxlend, increase, modify, alter, landscape, reconfigure or olhenvisc
chanrc the Silc hnproveMCnl 171TJ111 what is depicted on Exhibit B, and to nlainitiin the Site Impro,en7enl in
good condition and repair.
d. Owncr agrees that City shall have the ripht to remove any portion of the Site Impro%emenl as City deems
accessary. in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage
ditches located in the Casement, or for any other lawfuf 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 Imprrrcmerlt, the I.ot, or to Owner
5. Owner agiccs and uknowledgcN that the City's consent to encroach upon the Easement, as provided in this
Iiistruincltl. regards the City's Easement II}lerc'sts olily, and floes not constitute permission or authority tor the
Owner to odle n1'i8C CmCI' on, lu, under, over, or upon the pt'oper(y Intcrests Of any other person without that
persou's consent avco if such properly interests arc also located within the Easemcm.
6, Owncr agrees to indcnvtil'y tend hold harmless City. its officcrs. officials, members, employees, invitees,
licensers and agents, from and mgainst any and all losses, Ilabililkc , dMllagCS, claims, judgments, attornev fees
and costs arising front tmy bodily injury and or death, and from any ilestruction rn- damage to any propc)-!y or
iIII provc.nients, toealed on the I of. of otherwise, andror for any failure of pluper disclosurC I)IIIAMnl to
famgrnph 12 hereof: which results directly or indirectly from any act of Owner., its employct,s, contractors
and/or ,igents in, tan. under, across or to tine Fasenienl.
7, owncr agrees to reimburse Cily fur any ;md all costs and expe:nscs inclined by Clt} to acplace or repall any
damahc TO the FaSement and any iinprovcnicnis iocatcd Ihcrcjn caused h)� the iustallatitIn, constructintt,
niailitenance ondlor Operation of'thc Site Improvement.
{. I lie parlics agree That the leans of (hi, Agreement shill be binding upon and inure to the bcnefil of their
respcetivc liens, adoiinistralors. succe,sors and aYSiflnS.
1), The partics exmilin? this Agrecuierii represent and tt arratlt that lhcy are �tutharizetl 10 entCl inks Mid e\CCUke
Illls,Agrremertt lor,uad tin lachalfofthc party Mitch they represent
I O l-Ills A IccII)ent shall be c11'cctiVkc as of - the d;ue 011 %vIILC11 11 is lust executed lay a party hereto.
DocuSign Envefope ID: OAC25582-7469-415D-83EF-F4934DCD53F8
11 . be (h� 1wi .tgrces to hri)ridc fidl disclosur: «I-thisto all poisons, cmilics anti t)lltcrs �%110 aCLph"
I)" or thromgh Owricr am ill(cICJt in tht= f_ot on and tiller tllc cf)ecti<<c J01 of this .y LrCcmclll.
l2. O Igor agrees trot to alter the grotird surfacc Jovaucw wilho the limits of the casement at ally lime.
3 Owner iigroes to remody wiy drainage problems or issaws, saturated soil or standing water ort tile. 1,o( ar
,uijacrttl prcpp ]Ties dGermined tzp the City ti, be restiltiitz, from the l:incioae}tinenr.
"0WNI R"
PROPERTYOWNER
�y frl
Primed Name
signature
Date: J
ti'1'A'l IG 01'` INI)IANA
f q SSOU VI
PRCIPFRTY C1 Fi iVER
Printed Name
sigrmwic
Date:
Bef-sire mo, a Notary Public in and for said ('owity acid 'jtaic. personally appeamd
hynit' kMA+ 11. and WhO )Lkm))i Icdged tile execution of the tnre,!o ,t� "C'()N';la'T 1-0 as his 4w
lief fnluittar� s�c� acid aced rT, y
1 MWi ' m' IWILL _uid Milai i d Seal this day of i�J
1y (:om itissiuii F•:xpires
oj"f�yy1'�1j[3t.lt %
lllj :`
Prinlit N'nitit:
\1LM.lnt}• «l'l C. Itk'Iwc'
s -"®
FEiAIICIS A At�PIL
No!a�y Public • seal
State of Indiana
Marion Gounty
My Commission Expires Mar 1, 2023
Docu8lgn Envelope ID: OAC25582-7469415D-83EF-F49340C053F8
C1 I Y OI' CAR.NIEL, INDIANA.
RY AND Ti IROUCIH ITS BOARD OF
PUBLIC WORKS AND SAFETY
oocuftned b
F31'
Jamcs l ramard, I residing Officer �—
Dale; 12/8/2022
--DocuSigned by[
�$a'IR>9 ?�.�$d�iQi,..1'ICtilltCl°
f]alc, 12/8/2022
-Docu3iigjned by: ---- -�'_
12/8/2022
I�tlte:
-- DocuSi'gne}d' by
J� ("V1
511C'A'M"igTAM9...
Da lC; .12/8/2022
HOLLYJI HARMEYER
STATE_ OF INDIANA
Public, Stato of Indiana
NNotary
SS; SEr , ; _
Hamilton County
- + =Commission
Number NF0737082�
COUNTY OE HAMILTON 1 ',''nia:aT
"
My Commission Expiros
+n,
0acember 15, 2029
Betore mc, a Notary I'ublic in and for said County and State, personally appeared JANIES BRAINARD,
MARY ANNr BURKE and LORI WA'fSON, by nic known, and by me known to be the Members of the City of
Carmel Board of l'ublic Ml-kx and Safety, and Sue Wolfgang, Clerk ofTHE CITY OF CARMEL, Who
ackno%N ictlged the cxeculion of the foregoing "C ONSr iVT' i`C) ENCROACH" on behalf of fhc City of Carmel,
Indiana.
Witness my hand and Notarial Seal this day of December y 20 22
My Commission L.Npires:
12/15/2029
NofY Put :IC -
Holly J. Harmeyer
Printed Name
My County (ifResidenec: Hamilton
'1 his instrument was prepared by Jon OberL'inder. Esquire, Assistant Cofpofation Counsel, One Civic Sgrinre, Carmel,
Indiana 400K2,
I aftirnt corder the PcnalliCS for pcijury.. that I hace lakes rossunxlalc care to redact cash SCClill Sccurrly NUMI)Qr in [his
documcnl, unless required by lulu. Jon Oberlandcf, Fsquire
DocuSign Erve}ope 10 OAC25582-7469A 15D-B3EF-F4934DCD53F8
xhibit-A
LAND KSCRIPTION
A port of Uie Southeast Quarter of Section 36, Township 18 North, Range 3 East in flamZkn County.
Indiana, desmbed os follows:
Commencing at the southeast comer of said Quarter Sdc(13n; thence North ag degrees 19 minutes 05
secoinds West (Assumed bearing) dong the south Ise of sold Quarter Section. 38&00 feet to the Point
of Beginning; thence contiauing along said south line North 89 degrees 19 �-,4nutes 05 seconds West
80,04 feet to the west Iiie of the abandoned Traction Cor-tpony Line and being a point on a curve to
the left haviriq a radius at 2824.79 feet, the radius point of which beefs Nouffi 37 degrees 31 Minutes
01 seconds Wes(, the fdIo-,qinq two courses being dlon said abandoned Traction Coripony Line; �I)
thence northerly clung said curve on arc length of 7713 feet to a point which bears South 89 degrees
11 mimulas 00 seconds East from sold radius point (2) Lhe:tce North 00 degrees 49 minutes 00
seconds East 222.72 feet to the north line of the red estate described in deed to Roger E. & Anita L
I:lx per Instrument JS427864 as recorded In the Office of the Recorder of said County, thence North
89 degreesIg minutes 56 seconds West along said north lire, 117.23 feet to the northwest comer of
said feel estate; thence South N degrees 35 minutes 28 seconds West along the west line thereof,
299.91 feet to the south line of said Quarter Section; thence North 89 degrees 19 minutes 05 seconds
'Nest along said south lire, 239.97 feet to the east line of the real estate described iin deed to Trinity
Homes per Instrument #9955416 os recorded in the Office of the Recorder of said County, thence
North 00 degrees 00 minutes 00 seconds East parallel with the east line of sold Southtost Quarter,
1121,75 feet: thence South 89 degrees 41 minutes Q seconds EosG 45ZO3 feet to the east line of
the former Traction Company Line, ciao being the west line of the red estate described 15 dead to the
Firestone Tire & Rubber Company per Instrument W2443 as recorded in the Office of the Recorder of
said County-, thence South 00 degrees 19 minutes 00 ser.crids West along the cost line of said former
Traction Company Line, 1047.62 fact to a point on a curva holing a radius of 2904.79 feet, tho radius
point of which bears North 89 degrees 11 minutes 00 secmc[s West, Thence southerly along said curve
an are length of 77.05 feet to the south line of said Quarter Section and the Point of Beginning,
containing 10.65 acres, more or less.
]HIS SIJSGIVISION CONSiSfS OF 24 LOTS NUMBERED 41 THRUIUCH 64 AND OLOCKS A. IJ, AND C
TCG0II(R MrH STREET$ AND [ASEIMENTS AS SHOffll HEFECN.
THE SIZE OF LOTS AND BLOCKS AND WIDTHS OF STREETS AND EASEMENTS ARE SHO'hN 1H FIGURES
DENOTING FEET AND DECIMAL PARTS THEREOF.
CROSS-REFFROXE IS HEJ�EBY MADE A LA14D TILF SURVEY RECORDED AS INSTRUMENT NUMBER
IN THE OFFICE OF THE RECORDER OF IMILTON COUNTY, iKOIANA.
1, DiE UNDERSIGNED, HEREBY CERTIFY (FIAT I AM A REGSTIRIED LA140 SURVUOR, UCEtM IN
COMPLIANCE Y11`11 THE LAYS OF THE STATE OF 1)*AA AhR INAT THE WTHIIN PLAT REPRESENTS A
SUSONIS1014 IN THE LM4DS SURVM WITH;N THE CROSS r4FIERE14CED LW TITU SVRWY. AND THAT
TO THE BEST OF MY KNO'AU])GF AND BELIEF THERE HAS EaN NO CHANGE FROM THE MATTERS OF
SURVEY RIXALED BY THE CROSS-RU1RUICE SURVEY ON 4Y LINES THAT ARE COMMON 1N1Tli i'HE
NEW SUODIVIVION, I FURTHER CMIIFY THAT DiE SAID %.CDNISION WAS PLATTED 0DER MY DIRECT
SUPER'ASION AND CDHIROI.. AND IS TRUE AND CORRECT TO "Iff KST OF MY KNOYI-EDGE AND BELIEF:
WHIIIESS MY SWNAIURF THIS -V—;40AY OF 2000.
F
WILLARD E. JOIIHSOq
REGISTERED LAND SURVEYOR t: Z.- I No.
LS29600017
NMANA - AS29500017
DocuSign Envelope ID. OAC25582-7469-415D-B3FsF-F49340CD53F8
EXHIBIT B
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NOTE;
THIS
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SC►iNEIOER CORP ON NUA FIELO DNS oR RECORD 0ryT � 58
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NOTE:
IN THE RESIDENTu
HEIGHT TO TWENr
OWELUNG TRAY 9E
TO THIRTY-FIVE (
THE SIDE ANO RE
INCRLASEO AN At
EACH FOOT SUCH
TWENTY-FIVE (25:
PER CARMEL ZONi
NOTE!
CONTRA -
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BETWED
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