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Home My WebLink AboutCTE - 14035 Inglenook Ln-20221213DocuSign Envelope ID: OAC25582-7469-315D-B3EF-F4934DCD53F8 2022058367 ENCR $25.00 12/13/2022 03:36:13PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111 II II FDS CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Wilkinson, John ! & Lydia I h&w, 14035 Inglenook Ln, Cannel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). W ITNESSETH: WHEREAS. Owner owns in fee simple Lot 51 ("Lot") in WESTWOOD ESTATES, section 1, 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 ofthe Subdivision was recorded in PC 3 SLIDE 313, Instrument Number 2003-124222 in the Office of the Hamilton County Recorder on 12/1012003, as WESTWOOD ESTATES, section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a screened porch on the Lot (the "Site Improvement"); and WHEREAS, Owner has (riven 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 10-foot drainage easement , identified as "10' D.E•."on Exhibit t3 (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 Cannel Board of Public Works and Safety approves the Owner's request for a variance from Carmel City Code Seelion 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 WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibil B should not materially interfere with the City's use of the Easement. DccuSign Envelope ID: 6AC25582-7469-415D-B3EF-F4934DC053F8 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 made a part 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, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhi it.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 inerr 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 time property interests of any other person without that person's consent even if such property interests are also located within the Easement. S. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all tosses, 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, constnrction, maintenance and/or operation of the Site Improvement. s. The parties agree that the terms of this Agreement shall be binding upon and inure to the 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 our behalf of the party which they represent. I a. This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: OAC25582-7469-4150-B3EF-F4934DCr]53F8 1 1, The Owner agrees to provide full disclosure ofthis 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. "OWNER" PROPERTY O;V,VER Printed Name /�, 5i < ture Date: STATE OF INDIANA ) } SS: COUNTYOF PROPERTY OWNER yoffi Lr,rf`l5ot4 Printed Name r: Signs ure Date: Before me, a Notary Public in and for said County and State, personally appeared t. cJi + tt t° by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. Witness my hand and Notarial Seal this'? 0 day of N15 r •fir' 2ps My Commission Expires: - I NOTARY PUBLIC' Printed Name My County of Residence: Paul N Sloan ill NotaryFLVic.SWeotIM. Tana Commswn %mber wlm r,998 My Comm6mn F-xpires, 09-I5,2M DocuSign Envelope ID: QAC25582-7469-415D-B3EF-F4934DCD53FB 'CITY" CITY 01" CARaiFL, INDIANA, BY ANDTHROUGH ITS BOARD O PI1BI.IC INORKS AND SAl"Ll Y p-c Signed by: s, ttdd�residing Officer Date: 12/8/2022 0 t ry aac rkC,,Miem r Date: 121812022 [date 12/8/2022 __.,. riecu S�``gne``d by eat, r, 15 w� e kk Gate: 12/8/2022 " FIOLLY J. HARMEYER STATE OF 1NI�IANA ) Notary Fut)IiC stoo of Indiana _ Hamilton County } SS: '� `Coinn�ssian Number NF073?382' COUNTY OF HAMILTON } My ce m er 15iarl Expires, 029 December t5, 2Q29 Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Cannel 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 Carmel, Indiana. Witness my hand and Notarial Seal this day of December 2 x0 r t � f NOTARY.'UBLI(4 - My Commission Expires: Holly J Harmeyer 1.2 / 15 / 2 02 9 Frinted Name My County of Hamilton Residence; This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel, Indiana 46032. I aftimt, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Jon Oberlander, Esquire Exhibit A Pc 3 SLc e 313 SECONDARY PLAT WESTWOOD ESTATES SECTION I .. Legal Description Westwood Estates Sectibn I I, the undersigned hereby certify that to the best of my knowledge, information, and belief, the within plat accurately represents a survey preformed under my supervision of a pareeE of property situated in the State of Indiana, County of Hamilton, containing 34.792 acres being located in the Southwest Quarter of Section 21, Township 18 North, Range 3 East being more Particularly bounded and described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Section 21. thence South 89'69'18" East a distance of 975.39 feet along the north line of said Southwest Quarter to the. Point of aeginning, said point lying North 89'59'18" West a distance of 369.28 feet from the Northeast Corner of the Northwest Quarter of said Southwest Quarter, thence continuing South 89'59'18" East along said north line a distance of 369.28 feet to the Northeast corner of the Northwest Quarter of said Southwest Quarter; thence continuing SoU6 89'59'18" East clung the North line of said Southwest Quarter a distance of 595.85 feet; thence South 00'15'06" West, paroilei to the West line of the East Half of said Southwest Quarter, a distance of 1315,94 feet to a rebar, thence North 8759'35" West, a distance of 595.85 feet to a rebar on the West line of said East Half; thence North 00'15'06" East along the East line of said Northwest Quarter of the Southwest Quarter a distance of 19.01 feet; thence North 89'59'18" West parallel to said North line of the Southwest Quarter a distance of 672.00 feet; thence North 00'15'06" East parallel to the East line of said Northwest Quarter of the Southwest Quarter a distance of 874.12 feet; thence South 89'42'43" East a distance of 249.67 feet; thence South 00'17'17" West a distance of 13.00 feet; thence South 89'42'43" East a distance of 183.29 feet; thence North 00'45'39" East a distance of 210.73 feet; thence North 89'42'43" West a distance of 111.80 feet thence North 00'09'39" East a distance of 226.58 feet to the Point of Beginning and containing 34,792 acres of land, more or less.. Subject, however, to all legal rights -of -ways and/or easements, it any, of previous record. The sources of recorded survey data are the records.of the Hamilton County, Indiana, Recorder, referenced in the foregoing description. CERTIFICATE OF SURVEY This subdivision consist of 53 lots numbered 1 through 53 and Common Areas A, B, C, and D. The locations and dimensions of the Lots. Common Areas. Streets .end Easements are shown in feet and decimal parts thereof. I, the undersigned, do hereby certify the within plot to be true and correct to the best of my knowledgge aSQ9. nd belief, rek__��and to represent a portion of the real estate as the boundaries were defined by surveys prepared by myself, and recorded on nn_,2003 as instrument #—Od•Zand Instrument I further certify that all the monuments shown actually exist or will be installed in their positions correctly and that oil dimensions and geodetic data is Correct. `„"„pnnu"wnuu n„ Wit ne my hand and seal this .Zy day of ®sg 4r<�. 2003. " STATE OF ` CONSULTING ENGINEERS & SURVEYORS brute E. Hagen r .N'i''�� rNpspr,,; ' �' 699-0 N/LLSDALE COURT Registered Land Sury No. 930005 .,,ON - 0�„�` INDIANAPOLIS. IN 46250 "ar„Aqt LAB �,a�c FAX: 317-913-6928 nnun,umuat Ph: 317-91.3-6930 r� Exhibit B DETEN10K POND 2 MORYAL POdL a".40 70n�4t{��`1fF.rtfyR�� ... ryS7GPild GVivll^ ONA AREA. 'W' AREA 137 n 11 �} 19AM d_E-ML_SE. so.00' r--------® 1 i New 16° i Porch T.® — 406.05 AS BUILT aFf. EY.-910.t4 Sl�T.- 90010 ea � 6—W n SUMP PIT Qx� 8 ¢ POACH $ e� 'W 07.7 ... � r� P 07.7 2�,G' C"' g 808.93 DRIVE 25' 8.S.L _ _ _ t 4p. e 0z7. } s T,C.= eo7_ea 70' 11.p, rt5.5, I As w4T 17.0 �. INGLENOOK 6a84 n LANE w w — w --.— w s'sw AV v Scq�