ENCROACHMENT-241 1st Ave NW - Chapman-20230915FDS
2023035550 ENCR $25.00
09/15/2023 02:13:57PM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
DocuSign Envelope ID:DA9406C4-9096-4Bt3-9820-7F661D54709D II II II II II II I I II I III I I II
CONS�N_T TO ENCROACHI
THIS CONSENT TO ENCROACH (hereinafter the "Agreemen(") is entered into by and between Chapman, Carl L,241
1 st Ave NW, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel,
Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"),
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate limits of the City of
Carmel, Indiana and is more particularly described in Exhibit, -A (the "Real Estate"), attached hereto and incorporated herein
by this reference; and
WHEREAS, the current Owner wishes to install driveway on the Real Estate (the "Encroachment)" which will
encroach into those segments of Alley Est Ave NW (the "Right of Way") which are contiguous to the Real Estate and
which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing"), in
the manner and locations shown on the Drawing; 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 Exhi_ i H; and
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:
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
(t) 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 B, and to maintain the Site Improvement in
good condition and repair.
DocuSigr E.nvelooe ID DA9405C',4-gnl,46-3@? 3-9820-?F6B1 D54?09D
4. Owner agrees that City shall have the right to remove any portion of the Encroachment as City deems
necessary, in City's sole discretion 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
Encroachment, the Real Estate, or to O,,vner
5. Owner agrees and acknowledges that the City's consent to encroach within the Right of Way, as provided
in this instnunent, regards the City's Right of Way 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 Right of
Way.
6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any
covenants and restrictions applicable to the Encroachment
7. Owner agrees that the Encroachment will not create standing water and/or other drainage problems that
affect the City or adjacent property owners and that, if such problems arise, the City, in its sole discretion,
may itself remove or may notify Owner who shall then immediately remove, all or any portion of the
Encroachment as is necessary to correct such problems, at Owner's sole cost and expense.
S. Owner agrees that the water flow from the Encroachment shall be directed away from all street travel lanes
and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into
contact with any travel lanes or paved areas of any street or street intersection.
9, Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction,
any utilities or improvements (whether located above, below or oil the surface of the Right -of -Way) damaged
as a result of the installation, construction, maintenance or operation of the Encroachment.
10 Owner agrees to install identification tape or identification wire on the Encroachment that will allow the City to
readily determine the underground location of any Encroachment.
H. Owner agrees riot to alter the ground surface elevation within the limits cif the Right of Way at any time.
12 Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any
damage to the Right of Way and any improvements located therein caused by the installation, constructions,
maintenance and,'or operation of the Encroachment.
13 Owner agrees to indemnify and hold harmless City, its AIMS, officials, mcnthers, employees, invitees,
licensees and agents, (i) from and against any and all losses, liabilities, damages, claims, judgments, attorney
fees and costs arising from any bodily injury, death or ,Property damage occurring during the initial installation
and during any subsequent use, maintenance or repair of the Encroachment anti (it) for any failure of proper
disclosure pursuant to Paragraph 17 hereof
14 The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of theft
respective heirs, administrators, successors and assigns.
I ]fie parties executing this Agreement represent and warrant that they are authwired to enter- into ant]
execute this Agreement for and on behalfof the party which they represent.
GacuSign envelope ID DA940S 4-9a96-4BI3-9820-7F(551G547g9D
16• This Agreement shall be effective as of the date on which it is last executed by a party hereto.
17. 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 Real Estate on and after the effective date of this Agreement -
"OWNER"
PROPERTY OWNER
Cdf) �, (� 1-0")rve
Printed Name
Signature 11
Date:C tnJ t7 >?® l
PROPERTY OWNER
Printed Name
Signature
Date:
a
ANNA CAMILLE 0GLESBY
STATE O INDIANA ) Seal
) S Notary Public - State of Indiana
t Warrick County
COUNTY OF `r ) � My Commrssion Expires Fete I t, 2024
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.
Witness my hand and Notarial Seat thiss, day of ijl�Lt, _ 2(}�-�'
hey Commission Expires: NOTARY PUBLIC1•,-,,•�
Printed Nance`'' t- , �___�, \� �_ a• �,,tiJ,;
.My County of Residcnie:
Docu&gn Envelope ID: DA9405C4-9096-41313-9820-7F661 D54709D
"CITY"
CITY OF CARMEL,INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Doc us!q.s by:
Ely
James Brainard, Presiding Officer
Date: 9/6/2023
----9acu3gnr9 ay:.
I,. n
..NAat/'A B`6rke, Member
Date 9/6/2023
�oiub Fanetl by:
1,8Y1 �a�'SDIn- _
Lori isan; Member
Dale: 9/6/2023
STATEOF INDIANA 1
SS:
COUNT TY OF HA NiIL`i ON i
-- DocuSWned hy.
Sue Wolfgang, Clerk
Date: 9/6/2023
Before tne, a Notary Public bz and for said County and State, personally appeared JAMES BRAINA tD,
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 Safely, 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 nay hand and Notarial Seal this w day of , 20_03
My Commission Expires:
T'I� u
\\\ \C,Ai 1t11
4 � 1
o
NOTARY
PUBLIC:
SEAL
f sag. �rrr®n c°` �a4.• � ,��.
��U(It+I{511-
NOTNAY PUBLIC
s
Printed Name
My County of Residence:
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 Sectu-ity Number in this
document, unless required by laysr. Jon Oberlander, Esquire
Hamilton County, IN - Property Report for Parcel #: 16-09-25-12-02-037.000
Current Owner as of August 17, 2023
This information is updated 5 times a week.
PROPERTYADDRESS: DEEDED OWNER SUMMARY INFORMATION:
241 1st Ave NW Chapman, Carl L Parcel Number: 16-09-25-12-02-037.000
Carmel, IN 46032 6988 Bayhill Ct State Parcel Number: 29-09-25-122-037.000-018
Newburgh, IN 47630
Legal Description:
Section/Township/Range:
Subdivision Name:
Subdivision Section:
Deeded Acres:
Political Township:
Lot Number(s):
Last Recorded Date:
Acreage .23 Section 25, Township 18, Range 3 HENRY ROBERTS Lot 7
25/18/3
HENRY ROBERTS
Not Available
0.23
Clay
7
812612011
Disclaimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date, so the information provided in different sections or reports may not
match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the
property of interest,
Warranty Deed - 2011040964 - 8/26/2011
z
�
Qw
3
LLJ
3
_ w
Q D CA
VN
_
LLJ
c
o
LJ.� c
w G�
II �J I
I
Z
I
nvx cls
— j
I
!ON JAV 1Sl