HomeMy WebLinkAboutCTE - 13556 Silver Spur-202212022022057056 ENCR $25.00
12/02/2022 11:38:04AM 5 PISS
7ennifer Hayden
Hamilton County Recorder IN
DocuSign Enveiopo ID: 79725g-3802-4B77-ABOF-3EFADABFDFC0 Recorded as Presented
I I I I I I I I IIIII 111111111111111111111111111111111111111111111111111111111 IN
THIS CONSENT TO ENCROACH (hereinafter the "Agreerltcet") is entered into by and between Brothorton, Murk A
& Kettle 3 h&w, 13556 Silver Spur, Cermcl, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City
of Camel. I Iarnillon County, Indiana, by and through its Board of Public Works end Safety ("City..).
WITNESSETH:
WHEREAS, Owner owns in foe simple Lot 22 ('Lot") in BENTLEY OAKS, which is located within the corporate limits of the City
Of Cannel Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein
by the roference; and
WHEREAS, the official plat ofthc Subdivision was recorded in PC I SLIDE 170. Instrument Number 9115494 in the Office ofthe
Hamilton County Rcccrdcr on O 2511991, as 13ENTLEY OAKS (the "Plat"); and
WHEREAS, the current Owner wishes to install a wooden deck with covered overhang on the Lot (the "Site
Improventcnl"); and
WHEREAS, Owner has given the City a sketch C'Skctch") depicting the location of the Site Inmprovcntent on the Lot, a
copy of which is attached hereto and incorporated herein by this rcfcrcnco as Exhibit B; and
WHEREAS, the Silo Improvement will be constructed on portions of the Lot designated as 30-fool utility and drainage
easement, identified as `30' ll.&. D.E."on Exhibit 11(the "Easement'); and
WHEREAS, the Easement is beneficial to the City cord its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "1=ncroachmcnf-) upon the Easement,
which Encroachment is crosshatched on Exhibit B; and
WHEREAS, City of Carmel Board of Public Works and Sorely approves the Owner's request for a variance front
Cannot City Code Section 6-227(4); and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges [list this Agreement does not imply any approval of existing or future improvenmcnts
not indicated by Owncr on . sibit ;and
WHEREAS, the location of the Site bnprovemenl as indicated by the Owner on Exhibit 13 should not mofcrially
interfere with the City's use of Ihc Lasemcnc.
DocuSign Envelope ID: 79725950-3BD2-4877-ABOF-3EFADABFDFCO
NOW, THEREFORE, for and in consideration ofthe mutual covenants and agreements contained herein and
other good and valuable consideration, the su0iciency and receipt of which arc hereby acknowledged, ilia
parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations aml definitions arc made a part hereof as though such were fldiy
set forth herein.
2. The City consents to ilia Encroachment for only so tong as
(i) the Encroachment exists; and
(it) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigurc or otherwise
change the Site Improvement from what is depicted oil 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 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 hnprovnrcnl, the Lot, or to Owner
5. Owner agrees and acknowledges that the City's cnnscnt to encroach upon the Basemen/, as provided in this
instrument, regards the City's Easement interests only, and does trot 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 properly interests arc also located within the Easement.
G. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invilecs,
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 Iheroin caused by the installation, construction,
maintenance and/or operation of the Site Improvement.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their
respective hairs, 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 Agrecnrent shall be effective as of the dale on which it is last executed by a party hereto.
DocuSign Envelope ID: 79725960-3BD2.4877-ABOF-3EFADABFDFCO
1 I. 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 alter the efrective date of this Agreement
12, Owner agrees not to after the ground surface elovation within the limits of kilo casement at any time.
13. Owner agrees to remedy any drainage problems or issues, sainmted soil or standing water on the Lot or
Adjacent properties determined by the City to be resulting from the Encroachment.
"OWNER"
PROPERTYOWNER
I I +ark 1�t�iwr-\Uh
Prince Name
Signamrc
Dale: V (�.� L\
STATE OF INDIANA )
L` )SS:
COUNTY OF t `V h )
PROPF.RTYO1YNfs•R
�21CtQ- ZLZ) (�tn
Printed Name
Signature
Date: I D 17 55'rq-1
Before me, a Notary Public in and for said County and State, personally appeared f grit & Apr ' Uyi G41 d I4e i`f e- 814`'(er f &n
by me known, and who acknowledged the execution of the foregoing 'CONSENTTO ENCROACH' as his or
her voluntary act and duct. ��
Witness my hand and Notarial Seal Ihis23 day of GC'We l'- , 20?%
My Commission Expires:
8 2 q /20-2-q
-------------
AMIRABBAS
Notary Public - Seal
Hamilton County • State or IndJ2029
Commisslon Number NP0715
My Commission Expires Aug 29,
NOTARY PUBLIC
Am it I�aS
Printed Nann, Irjl �M t
My County of Residence:
DocuSign Envelope ID: 79725960-3BD2-4877-ABOF-3EFADABFDFGO
'CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD Of:
PUBLIC WORKS AND SAFETY
ro).,�ay,w er:
BY: I /,/
alY4iiVard, Presiding Officer
Date: 11/3/2021
ron..agmeer
I Marr+ fluu. fiuvf,e,
P�'7E RIINkc, Mcrmbcr
Date: 11/3/2021
mmeq,NOy.
16 aww. .
'LoPP't1^df4iiN,rtvlembcr
Date: 11/3/2021
STAT13 OF INDIANA )
) SS:
COUNTY OFHAMILTON )
omuagn,a b,:
Sue Wolfgang, Clerk
Date: 11/3/2021
Notary Public State of Indiana - Commission # NP0723135
Before vile, a Notary Public in and for said County and Slate, personally appeared JAMES BRAINARD,
MARYANN BURKE and LORI WATSON, by me known, and by me known to be the Members or the City of
Convict 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 Cannel,
Indiana.
Witness nay hand and Notarial Scat this 3 dayof November 202j
My Commission Expires:
10/22/2027
�exuslq, ,11irp.�
Jennifer Stites
Printed Name
My County of Residence: Hdmi I ton
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carrsct,
Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable cnre to redact each Social Security Number in this
docunlem, unless required by law. Jon Obcrlandcr, Esquire
Jennifer I Stites
Notary Public Sea: State of Indiana
Hamillon County
Commission Number NP0723135
My Commisslon Expires 1=V2027
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