HomeMy WebLinkAboutCTE - 1516 Brooks Mill Ct-20221118DocuSign Envelope ID C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
2022055232 ENCR $25.00
11/18/2022 02:26:22PM 6 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II II I I I I III I I I I I II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Dustin Carmack, 1516 Brook Mill
Ct, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "OFwter"), and the City of Carmel, Hamilton County,
Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 89 ("Lot") in SPRINGMILL CROSSING, 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 of the Subdivision was recorded in PB 12 PG 86-90, Instrument Number 8629113 in the Office of the
Hamilton County Recorder on 12/22/1986, as SPRINGMILL CROSSING, section 2 (the "Plat"); and
W HERE.AS, the current Owner wishes to install a Pool and landscaping 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 15-foot Drainage and Utility
Easement, identified as "h5' D&UE"on Exhibit B (the "Easement"); and
WHEREAS, the Easement 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 of the Encroacturtent; and
V1I1EREAS, 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 of the Easement
EJC
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D16B
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:
I. The foregoing preambles, recitations and definitions are wadea part hereof as though such were fully
set forth herein.
Z. Tlie City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terns 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 13, 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 Improvment, the Lot, or to Owner
5. 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
6. 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 tees
and costs arising from any bodily injury and/or death, and frorn 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 io 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 Eniprovement.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the benetit 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.
DocuSign Envelope ID: C6116F7F-BE53AF6E-A420-7D7E8247018B
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,
I2. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time,
11 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"
PROPERTY OWNER
bv0o, CArvo'cy.
Pria Name
Signature �� � r�
Date: 9 !1 d
STATE OF INDIANA )
SS:
CQUNTYOF
PROPERTY OWNER
Printed Name
Signature
Date:
Before me, a Notary Public in and for said County and State, personally appeared Tyr r sti n Corm a ck
by me known, and who acknowledged tie execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed.
Witness my hand end Notarial Seal this G day of , 20 Z- ?
--�- -� —
My Commission Expires: NOTARY PUBLIC
Printed Name
```nth t 11111111�J My County of Residence: �"Lc
NO74
A
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co. by .,., � 2
Comission umber: NP0521577
DocuSign Envelope ID C6116F7F-BE53-4F6E-A420-7D7E8247DiBB
"CITY„
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date:
Dmusiyned by:
Member
Date: 10/19/2022
DOCUS3gned by: DoeUsigned by:
b11�etnber e4f�n�6lerk
Date:
10/19/2022 Date: 10/19/2022
HOLLY J. HARMEYER
PY pG' i
;`���.•••.,e,': Notary Public, State of Indians
AL STATE OF INDIANA SE; Hamilton County
Commission Number NP0737982
)SS: �. � ... .�� My Commission Expires jameS Brainard
COUNTY OF HAMILTON ) << n"' December 15, 2029
Not Present
hjh
Before. me, a Notary Public in and for said County and State, personally appeared JttMES@ )1kA:INARb,— — — — —
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 Cannel,
Indiana.
Witness my hand and Notarial Sea] this 19thday of oetobe r 20 22
My Commission Expires: NOTARY PUBS I
12/15/2029 Holly ] Harmeyer
Printed Name
My County of Residence: Hamilton
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Sociai Security Number in this
document, unless required by law. Jon Oberlander, Esquire
Exhibit A
I, the undersigned, hereby certify thr,t t.0 the best of m professional I.nowle.dgc• and belief the within plat accurately represents
a survev performed under my supervision of partof the? Southwest Quarter of Section , Tciwnship 1B North. Flange 3 East in
Hamilton County, Indiana, more particularly descrxtred aie follows,
Commencing at the Southeast cor Herr of the Southwest Quarter of said Section -'7,. thence of crag the Enst line thereof North OV
degrees 04 minutes 47 seconds East lassumed beeringi .k 219.62 feet; thence South £i degrees 57 minutes 24 seconds West :'33.69 feet,
thence Sauth 72 degrees '2 minutes 00 seconds West 436.65'feet to the Point of Beginning; thence South 7.' degrees 12 minutes C50
seconds West 20.uri feet; thence South 54 degree• ul minute 40 seconds West s27.12 legit to a point on a curve having a radius of
360.00 feet, the radius point of which bears North 79 degrees 45 minutes 20 seconds East; thence Northerly along said curve 45.72
f Pet to a point which bears South 07 degrees �:2 minutes 05 seconds West from said radius point; thence South 67 degrees 02 minutes
05 seconds West 30.00 feet to a cur4a Fravirry a radiuq of 20.00 feet, tha radius point of which bear'*' South 81 degraea of minutes
Q3 seconds West; thence Northerly along said curve 29.72 feet to a point which bears North 03 degrees 02 mxnute_-s 30 e,econds East
from said radius point; thence North 86 degrees 57 minutes 'b seconds West 47.34 feet to a curve having a radius of 475.00 feet,
the radius point of which bears North C'' dot;recti 02 minutes 70 seconds East; thence Westerly along said curve 65.00 feet to a
point which b,aars South 10 degrees 52 minutes ',S seconds West from said radius point; thence South 10 degrees 2 minutes 55
seconds West 127.15 feet; thence North 74 degrees 16 miriutes _5 seconds West 299.95 feete
.; thence South 48 dgrees "22 minutes 10
seconds West 74.17 feet; thence parallel with hn Lc West Sine of csaid Southwest Quarter- South 00 degrees 18 minutes 46 seconds West
412.35 feet; thence North 89 degrees 41 minutes 14 seconds West .35.00 feet.; thence North uu degrees i8 minutes 46 secunds Fast
6:39.f36 feet; thence North 48 deyrees n.-, minutes .^.', seconds Fast 1,164.00 feet; thence South =e degrees 29 minutes 52 seconds East
265.32 feet to a point on a curve haviiiq <+ radius of 365.04 feet, the: radius point of which bears North 3F3 drgrees?9 mznutes 5'
seconds West; thence alonq said curve 33.Z4 Feet to a point which bears South 35 degrees L5 minutes Sir seconds East from said
radios point; thence South =3 degrees 15 minutes F-10 seconds Eac,t 123.75 feet; thence South 48 degrees 53 minutes =1 seconds West
T9.85 feet; thence South 00 degrees 50 minutes 14 ,ecands We3t 231.38 feeit; thence South 18 degrees T4 minutes 36 seconds West
143.40 feet; thence South 62 degrees 27 minutes ir0 seconds East 9.56 Poet; thence South 27 degrees 73 minutes 5U sor_onds West
IBe.65 feet; thence South =J degrees 55 mirlutc•5 19 second:; East 111.91 Meet to the Fotnt of Beginning, containing 23.49 acres,
more or less.
SURVEYOR LOCATION REPORT
I hereby certify to the parties named above that the real estate described herein was inspected under toy supervision on the date
indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 TAC 1-1-12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
Exhibit B
'oQ Lot 89
\a, 0.60 Ac.=
(per Plat
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1 �Y
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Legend
6.t. Building tine
S.& U.E. Sewer & Utility Easement
D.& U.E. Drainage & Utility Easement
HAIIN SURVEYING GROUP, INC.
Land Surveyors
H 8925 N. Meridian Street, Suite 120
Indianapolis, Indiana 46260
S PHONE: (317) 846-0840 or (317) 846-4119
FAX. (3I7) 846-429S of (317) 582-0662
CT ENIA1L: orders ii,,hahnst2rveying.cum
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/Y CERTIFIED:05/29/2019
No.
20300031 - Chad D. Huhn
Registered Land Surveyor,
STATE of =� Indiana #20300031
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