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Home My WebLink AboutCTE - 2665 Rix Ct-20221201DocuSign Envelope ID: 441 DFD7D-9EC8-4F0l3-AEl32-941 F1 939EBAE LLP 2022056810 ENCR $25.00 12/01/2022 10:12:12AM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111111111111 IN THIS CONSENT TO ENCROACI I (hereinafter the "Agreement") is entered into by and between Grove, Cindy & Julie Wilson jifs. 2665 Rix Ct, Carmel, Hamilton County. Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board Of Public Works and Safety ("City"). WHEREAS, Owner owns in fee simple Lot 20 ("Lot") in LAURA VISTA, 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 PC 3 SLIDE 360, Instrument Number 2004-14732 in the Office of the Hamilton County Recorder on 03/0412004, as LAURA VISTA (tile "Plat"); and WHEREAS, the current Owner wishes to install a paver Patio, cedar screen. raised garden and associated landscaping on the Lot (the "Site IniprovernenC), 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 WIIERFAS, the Site Iniprovenictit will be constructed on portions or the Lot designated as 40-foot drainage, utility aid sewer easement. identified as "40'D.U,&S.E."on Exhibit B (the "Easernenl")-, and WHEREAS, the Hasernent is beneficial to the City and its residents: and WIIEREAS, as indicated oil the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which Encroachment is crosshatched on Exhibit B: and W11FREAS, City of Cannel Board of Public Works and Safety approves the Owner's request for a variance froni Carmel City Code Section 6-227(4)-, and WHEREAS, Owner and City acknowledge the location of the 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 WIIERFAS, the location of the Site linprovernent as indicated by the Owner on Exhibit B should not materially interfere with the City's use of [be Lasernent. DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-94lF1939EBAE —ana in consiaeration o e muluai vellanis ano MMMITM other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged. tile parties Mutually promise. agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a pail 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. ifter, landscape, reconfigUre or otherwise change tile Site Improvement From what is depicted oil Exhibit B, and to maintain [lie Site Improvement ir good condition and repair. 4, Owner agrees that City shall have the right to remove any portion ofthe Site Improvement as City deerns 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,alld that, should the City take such action, tile City shall incur no obligation to repair, replace or reirriburse Owner for tile cost of any damiges thereby caused to tile Site Improvinem. the Lot, or to Owner 5. Owner agrees and acknowledges that the City's consent to encroach upon the Fisement, as provided in this instrument. regards tile City's Easement interests only, and does not constitute permission or authority for tile Owner to otherwise enter oil, in, under, over, or upon the property interests ofany 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, employces, 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 tile Site Improvement. 8. The parfies agree that tile lerms or (his Agreement shall be binding upon and inure to tile 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 oil 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. 1111111IM1111COMMINVIE Ec�� if. 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. PROPERTY OWNER ffff V10,11 Printed Name u4k STATE' OF INDIANA )SS COUNTY OF ^ ) PROPERTY OWNER Printed Name Si pturc Date: to r,;)-41 1. INQU: #F esid" Res ing in Howard County, IN Before me, a Notary Public in and for said County and State, personally appeared by me knov, n. and who acknowledged the execution of the Foregoing "CONSENT TO EN%COA"(-Ha, his or her voluntary act and deed. Witness my hand and Notarial Seal this AX day of 20.19. My Commission Expires: NOTARY Pt IBLIC L-- Printed Name My County of Residence: C) 7 "CITY„ CITY OF CARMFL, INDIANA, PUBLIC WORKS AND SAFETY DocuSigned bye BY: .PRIt-siding Officer Date: 11/16/2022 N'6Tni&fftdft-' Member Date: 11/16/2022 D—Signed by. L V4,*Wmbcr Date: 11/16/2022 STATE OF INDIANA )SS COUNTY OF HAMILTON �D Signed by: O-L (),i, • V W6 Sue %?MM7 � ,a M uc 0 gall .? rP5 Date: 016/2022 HOLLY J. HARMEYER Notary Public, state of Indiana S E A Hamilton County _Ej z, commission Number NP0737982 My commission Expires December 15, 2029 .No—op-ma"M Before me, a Notary Public in and for said County and Stale, personalty appeared JAMES BRAINARD. MARY ANN BURKF 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 Site Wolfgang, Clerk of THE CITY OF CARMEL. who acknowledged the execution orthe foregoing "CONSENT TO ENCROACI I" on behalf of the City of Cannel, Indiana. A November 22 Witness my hand and Notarial Scal this /h day of 20—. My Commission Expires: 12/15/2029 62 NOTARY ' PUBL�/ Holly J Harmeyer Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Obeflander. 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 Social Security Number in this document. unless required by la%v. Jon Oberlander, F"squire n L7 I DocuSign Envelope 10: 441DFD7D-9EC8-4FOB-AEB2-94IF1939EBAE I P` PA" REEN 7 T TYPCAL OLD WOC1aFtlL __ am REV15ED 4-20 jxs — - - -------- 2 Cfmm 1-0— oA--y n— a— AFuTurfss —"N atU2dERAC1YT STREET TM - ell, -. 20LV -WILSON RESIDENCE 2665 RIX COURT CARMEL, IN 46033 317--843-0100 www4mtpberybroa.�m ITI r.3,, ..A 146th Stnmt. Carmel. Indiana 4 M33�