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HomeMy WebLinkAboutCTE - 13580 Brentwood Lane - Pyle-202306082023020838 ENCR $25.00 06/08/2023 1O:24:23AM 6 PGS DocuSign Envelope ID: 176ED0996-282A-:E8A-69F1-B9DFCD492888 Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II II II I I I I II II CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and betwccn Pyle, Michael D & Caroline H CoTnutees of Pyle Lvg Trust, 13580 Brentwood in, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, Ilamilton County, Indiana, by and through its Board of Public Works WITNESSETH: WHERFAS, Owner owns in fee simple Lot 2 ("Lot") in BRENTWOOD, 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 Wl—WREAS, the official plat of the Subdivision was recorded in PB 9 PG 27, Instrument Number 29784 in the Office of the Hamilton County Recorder on 10129/1981, as BRENTWOOD. section I (the "Plat"); and WHEREAS, the current Omer wishes to install 15-20 Green Giant Arborvitae on the Lot (the "Site Improvement'); and WHEREAS, Owner has given the City a sketch ('Sketch'} depicting the location of the Site Improvernenl on the Lot, a copy ofwhieh is attached hereto and incorporated herein by this reference as Exhibit H: and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot Utility and Drainage Easement, identified as "I5' U&D Easement" 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 Buhibit 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 Encroachment; and WHEREAS. Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on ExW ,it ; 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. DocuSign Envelope ID: DfiED0996-282A-4E8A-89F1-99DFCD492888 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: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fill ly 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 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 lawfid 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, o(iicials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, clatms, 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 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. l©, This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: D6ED0996.282A-4E8A-B9F1-B9t)FCD49288B 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 elective 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 013WER W 8 1) ELL_ Printed Nome Signature Date: STATE OF INDIANA } } SS: COUNTY OF L }`n, ) PROPERTY OWNER Printed Name r1 1 , 1,_,Wl -� 0 Signature Date: Before me, a Notary Public in and for said County and State, personally appeared by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed, iy� Witness my hand and Notarial Seal this �- day of a_, __.. , 2Q 6 My Commission Expires: REBECCA REED Notary Pull • Seal Delaware County - State ofD203 Commission Number NP07 My Commission Expires Jan NOTARY'' PUBLIC Printed Name My County of Residence: I ILL ( I �'_ � Docu$agn Envelope ID: D6ED0996-282A-4EBA-B9F1-B90FCD492886 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: NOt Present James Brainard, Presiding Officer Date: N/A N fMember Date: 6/7/2023 -.... oeasign.e nr: Lori �ifed�o�hiember Date: 6/7/202 3 STATE OF iNDIANA ) ) SS: COUNTY OF HAMILTON ) 1U Sue Wolfgang Clerk Date: 6/772023 Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, k , 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 ENCROACIV' on behalf of the City of Carmel, ,� O TA Z P BLIC Indiana. SEAL 11*'3 Witness my hand and Notarial Seal flue day of �un 2 20 r . p• y ; '�'a f fi L My Commission Expires: ruk L 6 - NOT PUBLIC < Jessica ). D !� Printed Name ` My County of Residence: 1 This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel, Indiana 46032. I affnr under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by late. Jon Oberlander, Esquire DocuSign Envelope ID: [)6ED0996-282A-4E8A-B9F1-B9DFCD49288B CI kill JKAII U F 41ML Y IExhK,-,:K A I , the undersigned, do hereby corti ly the atlac J,ed p 18t to be true and correct to they best of my knowledge and belief, representing a Subdivision of part of the Northwest Quarter of Section 29, Township 18 North, Range 4 East and putt of the Northeast Quarter of Section 30, Township 18 North. Range 4 Last in Clay Township Hamilton County, being more particularly described as follows: Commenting at the Northeast corner of the Northeast Quarter Of said Suct ' On thence North 89'54'31" West (assu"ed bealing) on and along the North line of Said Quarter Section a distance of 101.000 feet to the Point of Beginning Of Lhe herein described land; thence South 00005'29" West a distance of 46.350 feet; thence South 45'40'56" Last a distance of 26,350 feet; thence South 38'48'16" East a distance Of ?9.500 feet; thence South 290901" Cast a distance of 27,840 feet; thence South 19'46'52' East a distance of 27470 feet; thence South 15035'00" East 0 distance Of 29.240 feet; thence South 05'20'25" East a distance of 31,290 feet; the nce South 07,25,17" West a distance of 59.130 feet; thence South 46028'23w Fast a distance of 16-370 feet; thence South 000009" fast a distance of 11,250 feet; thence South 600192" Cast a distance of 145.090 feet; thence South 11621,08" fan A distance of 145.000 feet; thence North 3005801" East a distance of 205.000 feet; thence North OVUM" East a distance of 118.600 feet; thence South 89'18'33" taSt dnd parallel with the North line of said Northwest Quarter Section a distance Of 75-850 feet to a point 193.570 feet South 00"06'15" fast of the North line of the North- west Quarter of said Section 29; thence South 00,06,15" East and parallel with the West line of said Northwesl Quarter Section 6 distance of 794-930 feet; thence SoutA 89053'45' West a distance of 100.000 feet; thence North 390?4'24" West a dint0n(P Of 209,7.38 feet to a point on a curve concave Northwesterly having a radius of 50,000 feet and an angle of 18'03'57"; thence southwesterly on and along the arc of said curve Wid being subtended by a chord having a bearing of South 75113'38" West and a ]e'nqth Of 15.70o feet) a distance of 15466 feet to the point of tange(-y of said curve; thence South 804596" West and tangent to the last described curve a distance of MOO feet to the point of curvature of a curve coocave Northwesterly having A r,)dius of 225.000 feet and an angle of 049103"; thence Southwesterly' on anti alcuig the arc of said convi, (said arc being subtended by a chord having a bearing Of South 86'51'22,5' Welt and "IetIth of 16.460 feet) a distance of 16.464 feet to the point of tangenY Of said cur vK thence South 88'57'09" Welt and tangent to the last des(ribed curve a ASMIM of 176-603 feet to the point of curvature of a curve concave Northeasterly having a radius of' 155AC)O feet and an angle of 88'36'19"; thence Northwesterly on and &Onq the an: of said (urve (said arc tQnq subtended by a chord having 6 bearinq of north 46044'41.5" West and a length of 216,519 feet) a distance of 239.700 feet; thence south 8915319 West o M- tance of 191.766 feet; thence North 00'06'15" West and parallel with 00 Last I" Of the Northeast Quarter of s6id section 30 a distanoQ of 705=0 fpvt to 6 Point 00 the North line of the Norhtemst Quarter of laid Section 301 thence South OVUM" kant On Aonq said North line a distance of 176500 feet to the Point of Beginning, (jotaining in all 14.546 acres; subject, however, to all legal hiohway',, rights -of -away and ease­ rrx>nts of record This subdivision consists of 14 lots, nuvibered from one (1) to fowrtepn 1,14), both inclusive, and streets as shown hereon. The size of lots and widths of rights -of-= Of streets are shown an this plat in figures denutinq feet and decimal parts thereof. , , I 1 0 1 9 9 4 , , Certified this 29 *4 !Joy ;J C 7A M10-SIATES MINUFRING En IV J ivy 9 788 Docu&gn Envelope ID: D6F-C)0996-282A-4EBA-B9Fl-B3DFCD49288B I kt V504.WIWAdj*— �. Exhibit B