HomeMy WebLinkAboutCTE - David & Joy Kain 1083 Serenity Ct-202305222023018356 ENCR $25.00
05/22/2023 03:42:50PM 8 PGS
Trini Beaver
DocuSign Envelope ID: OE78FDF,3-F214-4C63-913E-4lC32lB83C9F Hamilton County Recorder IN
Recorded as Presented
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C:ON SENT TO ENCROACH
THIS CONSENT TO ENCROACH (hcrcinaRcr the "Agreement") is entered into by and between Kain, David & Joy
h&w, 1083 Serenity Ct, Carmel, Hamilton County, Indiana 46280, (individually and collectively, "Owner"), and the City of Carmel,
I lamilton County, Indiana, by and through its Board of Public Works and Safety ("City").
W1INESSLM:
WHEREAS, Owner owns in fee simple Lot 22 ("Lot") in BONBAR AT MONON LAKE, 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 reference; and
WHEREAS, the official plat of the Subdivision was recorded in PC 5 SLIDE 414, instrument Number 2015-56847 in the Ottice of
the Hamilton County Recorder on 1 1/01/2015, as 130NBAR AT MONON LAKE (the "Plat"); and
WHEREAS, the current Owner wishes to install native plantings and boulders that will conform to and be maintained in
accordance with the Bonbar At Motion Lake operations and maintcnance manual 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 ofwhich is attached hereto and incorporated herein by this reference asixhibit B; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot Natural Vegetation,
Stonnwater Best Management Practice & Drainage Easement , identified as "15' N.V.H.M.P.&D.L'." 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 [lie Easement,
which Encroachment is crosshatched on Exhibit B; and
WHEREAS, City of Carmel Board of Public Works and Safety approves [lie Owner's request for a variance from
Cannel City Code Section 6-227(4); and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
W13EREAS, Owner acknowledges Thal this Agreement dues not imply any approval of existing or future improvements
not indicated by Owner oil Exhibit R; and
DocuSign Envelope ID: OE78FDE3-E214-4C63-913E-41C321t383C9F
NOW,'l'1-Ir;RLFORE, for and in consideration of -the mutual covenants and agreements contained herein and
other good and valuable consideration, the sufficiency and receipt of'whicli are hereby acknowledged, the
parties mutually promise, agree and covenant as follows:
l . The foregoing preambles, recitations and definitions are made a paid 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 rite terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modity, alter, landscape, reconfigure or otherwise
change the Site Improvement from what is depicted on 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'ssole discretion, to install, protect and/or repair any utility line%, 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 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 fur any and all costs and expenses i,u:unTed 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 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 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: OE78FDE3-E214-4063-913E-41C32lB83C9F
1 l . The Owner agrees to provide fall disclosure of this Agreement to all persons, entities and others who acquire
by or through Owner any interest in the Lot on and alter [lie effective date of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the casement 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 thp, City to hr. rcrnitina from the. Fimmarhmrnt.
"OWNER"
PROPERTY OWNER
Jo 1C�,t t ir_�
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STATE OF INDIANA )
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COUNTY OF %�-4M1(-7"Of� )
Before me, a Notary Public in and for said County and State, personally appeared
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by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. _ 04 i J
Witness my hand and Notarial Seal this day of i�o T 2023
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My Commission Expires: (/�;'NARY FLIIC61d Name }
My County of Residence: fy'4InI --
GREGORY L. DITL,INGER
Notary Public
State of Indiana
Commission No, NP0723844
My Commission Expires
November 21, 2027
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DocuSign Envelope ID: OE78FDE3-E214-4C63-913E-41C321B83CJF
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 eflective 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 problenis 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
Printed Nar
Signature
Date: - k
PROPERTY OWNER
Printed Name
Signature
Date:
STATE OF INDIANA )
} SS:
COUNTY OF iAG&i )
Before me, a Notary Public in and for said County and State, personally appcarcd v-a/1
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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 day of ^ �_ , 24
My Commission Expires: NO ARV PUBLIC
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Printed Name
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My County of Residence: �ml tiiti� 7
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DocuSign Envelope ID: 0E78FDE3-E214-4C63-913E-41 C321 B83C9F
.1cl FYI,
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
u5ign•d 6y;
IJY: U
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James Brainard, Presiding Officer
Dat 5/17/2023
�Bt�J$^.•d�yli
a, t
Mary Ann Burke, Member
Date: 5/17/2023
Dac
Lui-i atsou, 9 enrher
Date: 5/17/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
—DacuWgned by;
s.. "Wn
Sue Wolfgangg, Clerk
Date:
5/17/2023
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD,
MARY ANN BURKL and LORI WA'I'SON, by nie known, and by nie 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 Carmel,
Indiana. Witness my hand and Notarial Seal this 1''j i day of , 2
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My Commission Expires: a .•`
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NOTA�PUBJLIC
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Printed Name
My Count, of Residence: {
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 Social Security Number ill this
document, unless required by law. Jon Oberlander, Esquire
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DocuSign Envelope ID: OE78FDE3-E214-4C63-913E-4lC32lB83C9F
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SURVEYOR LOCATION RE11010'
1 hereby certify to the parties nanud above that the real estate described herein uas inspected under my supervision on the date
indicated and that to the best of my knowledge, this report conforms With the re(luiremcnts contained in Sections 27 through 29
of 865 1AC 1-1 12 for a SURW.YOR I, cNriON RF-PORT. Unless otherwise noted there is no visible evidence of possession
lines found.
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Note: Patio into l.ose°r7 errl 0' -4'-.1 os shown.
Serenity Court'
(Varloblo Pavement)
(Variable R/W per Plot)
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H Porch #�4
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1.5 Story 1-
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O.S.t. tiu$dinq Setback { ine r F
Y.F.E, Year Flood Elovotlon \
D.& U.E. Orolriogt & Utility Easart '" A
N.V..B.M.P.& DJr Natural Vegetation, Stormwater o
Best Management Practice
Drnlnage Fosement ,11t11111 f 1 1l
HAIHN SURVEYING GROUP, INC.
Lund Surveyors
H 8925 N. Meridian Street, Suite 120
Indianapolis, Indiana 46260
S IIII ION I-"-. 1317) 846-08,10
I`eM (317) 8-16.4298
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20300031 —
<'• STATE Of
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29
Cl;RT'IFIED: 07 13i2022
Chad D. Hahn
Registered Land Surve}or,
Indiana H20300031
Dram'n 11�:.IMI'
,lob No.: S22-1 1 728
Sheet 2 of 2
DocuSign Envelope ICI: OE78FDE3-E2144C63-913E-41C321B83C9F
-3-
BONBAR AT MONON LAKE HOA
All improvements must meet the Bonbar Architectural standards, the recorded Covenants and
Restrictions, and the codes and regulations of Carmel. The restrictions regarding the lakeside
properties, acid Lakeshore vegetative filter strips can be found in the Operating and Maintenance
Manual of Manon take. This manual was written by Weihe Engineering for the protection of the lake
water. Each property has surface drainage, common area, property line setbacks and other easement
restrictions,
APPROVAL BY THE ARCHITECTURAL COMMITTEE IS BASED ON PLANS SUBMITTED. IF THE PROJECT
DEVIATES FRAM THE ORIGINAL APPLICATION, THE HOMEOWNER WILL BE REQUIRED TO PRESENT NEW
DRAWINGS, AND SUCH DRAWINGS SHALL MEET ALL PROPERTY SET -BACK REQUIREMENTS, ETC.
a) If you rieed assistance, please reach out to a member of the Architectural Committee and we will
be happy to Delp.
b) The homeowner is responsible for all site cleanup and repair of any damage to common areas.
c) The homeowner is to contact the ARC upon the project completion for ARC final inspection and
approval of the project.
d) Please inform an ARC member if project will not be completed within 120 Days from date of
I hereby acknowledge that I have read and understand the ARCHITECTURAL STANDARDS set forth by
the Board, �s well as the Declaration of Covenants and Restrictions for Bonbar. This application meets
all standards as well as the recorded Declaration.
7) David Kain
Signature of
4/17/23
date
Signature of Homeowner date
HITECTURAL REVIEW COMMITTEE BONBAR AT MONON LAKE, INC.
{Approved as submitted. ❑ Approved with conditions stated in comments.
❑ Deferred, ❑Denied
Cl Additionol information required:
Comments: _
d
Signed:
AARCH
URAL REVIEW COMMITTEE REPRESENTATIVE
jNL'F,�TION REPQL3T___-
PROJECT FINDINGS:
0 Final Approved. D Remedy required per project findings:
ARC Final Approval Signed:
Date: 7 'ZE'2-023
(Inspector Initial)
Date:
BONBAR at MONON LAKF. tloMEo4NNFR n mursT for CHANGE Version 11.12021