HomeMy WebLinkAboutRecorded CTE - 13594 Dallas CourtDocuSign Envelope ID: CEFE5496-6DF4-4883-B298-BA4996E2D8A3
2023023627 ENCR $25.00
06/27/2023 08:33:34AM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
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CONSENT TO ENCROACH
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THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Travis, Randall L & Patricia K,
13594 Dallas Dr, Carmcl, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmcl,
Hamilton County, Indiana, by and through its Board ofPublie Works and Safety ("City").
WITNF SSETH:
WHEREAS, Owncr owns in fee Simple Lot 27 ("Lot") in FOSTER MANOR, section 1, which is located within the corporate limits
of tite City of Cannel, Indiana ("Stthdivision"), 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 8-10, Instrument Number 859240 in the Office or the
IFanlilton County Recorder on 07/07/1985, as FOSTER MANOR, Section I (the "Plat"); and
WHEREAS, the current Owner wishes to install at Hardscaping on the Lot (the "Site Improvement"); and
WH1'REAS, Owner has given the City it sketch ("Sketch") depicting the location of the Site Improvement on the I_ot, a
copy of which is attached hereto and incorporated herein by this refcrence as Exhibit 13; and
W11FREAS, the Site Improvement will bo consuvctcd on portions of the Lot designated as 20-font Drainage, Utility
and Se"ver Easement, identified as "20' DAJ-&S-13-" nn Exhibit B (Ihe "Easement"); and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site hnprovement will encroach (the "Encroachment") upon the Easement.
which Encroachment is crosshatched on Exhibit 13; and
WIIERf AS, Cily of Carmel Board of Public Storks and Safety approves the Owner's request for a variance from
Cannel City Code Section 6-227(4); and
WHEREAS, Owner and City acknowledge the location ofthe Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of exiStittg ol• future inlprovenlentS
not indicated by Owncr on Exhibit 13; and
WHEREAS, the location of the Site Improvcmcnt as indicated by the Owner on Exhibit B Should not materially
interfere with the C'ity's use of the Easement.
DocuSign Envelope ID: GEFE5496-6DF4-4883-B29B-BA4996E2D8A3
NOW, THEREFORE, for and in consideratiall of the mutual covenants and agreements contained herein and
other good and valuable consideration, file sufficiency and receipt of which are hereby acknowledged, the
parties tnllttlally p1Y11111Se, agl•Ce and covenant its follows:
1. The foregoing preambles, recitations and dclinitions are made a part hereof as though such were rally
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 frrnll what is depicted on Exhibit B, and to maintain the Site Improvement ill
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, ill City's sole discretion, to install, protect tend/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 improvnlent, 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 arc also located within the Easement.
6. Owner agrees to indemnity and hold harmless City, its officers, officials, members, employees, invitees,
licensees and agents, from and against ally 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 Easctrlcnt 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 ofthc party which they represent.
10. This Agreement shall be effective as ol'the (late on which it is last exceuled by a party hereto.
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
11. The Owner threes to provide full disclosure of this Agreement to all persons, entities and others who acquire
by or through Owner any intereSi. 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 tiittc.
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 Enclnachntcnt.
PROPERTY O 11'NF. R
1 1 :
I; nature
STATE OF INDIANA
SS:
COUNTY OF
PROPER T I' Ol ViN ER
P,14�tj �& I
Printed Nant
Signature
Date. L� S
Before me, a Notary Public in and for said County and State, personally appeared i4,.Cs•� �r� ✓t is-� /tsar
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH, as his or
her valuntaiy act and deed.
Witness my hand and Notarial Seal this day of 20�3
9A
My Commission Expires:
CALEB D SHAFFER
Notary Public - Seal
Madison County . State of Indiana
Commission Number NP0739902
My Commission Expires Mar 16, 2030
VA
-d
NOTARY PUBLIC
`b A Vd—r
Printed Nanw
My County of Residence; 04sx- d r so,
DocuSign Envelope ID: CEFE6496-6DF4A8B3-B298-BA4996E2D8A3
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Docuftned by:
BY:
JamdFRMi , Presiding Officer
Date: 6/21/2023
__. Docu gne y:
Qta.tn, IW�ct
ar4FR°�4f�; Member
Date: 6/21/2023
Q,do""""sWraber
ned by:
eh..
Date: 6/21/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
—DocuSlgned by
SWG "Irk
�ueVollT'gangCSC I e r k
Date: 6/21/2023
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
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" an behalf of the City of Carmel,
Indiana.
Witness my hand and Notarial Seal thisatfday of , 20_013
My Commission Expires:
s u 3l
Printed Name
My County of Residence: 4a,
c3)CA' D
NOTARY
;8 PUBLIC a; _
SEAT_ _
'!on'/ton
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111111t1�%
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel,
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 law. Jon Oberlander, Esquire
DocuSign Envelope ID; CEFE5496-6DF4-4883-B29B-BA4996E208A3
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DocuSign Envelope ID: CEFE5496-6DF4.4883-829B-BA4996E2D8A3
Exhibit B��
SUMEYOR LOCATION fit -PORT
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