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Home My WebLink AboutENCROACHMENT-CTE - 11022 Jasmine Drive Justyna _ Ryan Kelly-202309072023034465 ENCR $25.00 09/07/2023 02:45:01PM 6 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented JDB 111111111111111111111111111111111111111111111111111111111111111111II D] ,Sign Envelope Ip. r7AB405C4-9095j dLh'?-981C-7FFfi1D54','091) CQNSF.NT ro Evcao..c►t THIS CONSENT TO FNCKOACH (hereinafter the "Agreement") is enter'ec4 into by and between Kelly, Justyna & Ryan uRlh, H022 Jasmine Dr, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "O\vnel-"), and rile City of ar Cmel, H."ilton County, Indiana, by and through its Board nt Puh he Works and Safety ("City"). W FFNESSEfI I: WHEREAS, Owner owns in fee simple Lot 31 ("Lot") in FS'l-A IES A r TOWNE MEADOW, which is located within the Corporate limits of dl City of C., lnel, Indiana ("Subdivision"), hich real estate is more particularly described in Exhibit A, attached herein and incorporated herein by the reference; and WHEREAS. the official plat of the Subdivision was recorded in PC' 5 SLIDE 1109, tnstrument Number 2020-5588 in the Office of tine Hamilton County Recorder on 01/30J2020, as ESTATES AT lCr\k1NF NtFADOW (the "flat"); and WHEREAS, the cutrent Owaler Wishes to install at -,rude landscaping w'fth do creak beds to maintain water flow. on the i-ot (the "Site Improvement"): and WilrREAS, Owner has given the City a sketch ("Sketch') depicting the location of the She Improvement on the Lot, a copy oFwhich is atlaelted hereto and incorporated herein by this reference as Exhibit 13: and WHEREAS, the Site lniptovenlem will be constructed on porticos of the Lot designated as 30-foot Drainage Easement identified as "i0' U.E."on Fxh.j4Jd_.B (the `Easenlelr�'); and WHEREAS, the Fasentent is bettet vial to the City and its residents; and WHEREAS, as indicated on he Sketch, the Site Improvement will cri—>ach (the •'Fnc roachnhent 1 tenon the Easement, which @rheroachenent is crossiraichcd on E.chibit B, and WHEREAS, City of Carmel Board of public Works and Safety approves the Owner's request for a varia ore From Carmel City Code Section 6-227(4); and WHEREAS, O+a-tler and City acknowledge rhe location of the Facroachn ot:. and WHEREAS, Owner acknowledges that this A reement does not imply any approval of existing or thture improvements nor indicated 6v Oasuer on Ldribi,t B, encl WHF_RBAS, the location of the Site Inlpro'cnhent as 1nd1c&tcd by the Owner ch Exhibit B should not materially DecuSign Envelope ID DA9405C4-9096-4B13-9820-7F6610547090 NOW, THEREFOR-,, for and in consideration of the mutuat covenants and agreements co atained herein and other good and valuable consideration, the sufficiency and ccceipt of which are hereby acknowledged. the patties mutually promise, agree and covenant as follows: 1. Fhe 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 Exhibit B, and to maintain the Site improvement in good condition and repair. d. owner agrees that City shall have the right to remove any portion of the Sitc Improvement as City deems necessary, in Citys 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 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 C:ity's F.asetnent interests only, and does riot constitute permission or authority for the Owner to otherwise enter on, in, under, over, cr upon the property interests of any other person without that person's consent even if such property interests are also located within the Easement- b. 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, attomey fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any ;property or improvements, kxated on the Lot, or otherwise. and/or for any faihtre of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from tiny act of Owner. its employees, contractors and/or agents in, on, under. across or to the Easement. [owner agrees to reimburse City for arty and all costs and expcnws incurred by City to rgiace or repair any damage to the Easement and any improvements located therein caused by the inslallaJoo, constrUctoun, njaintenance and/or uperatiost of the Site Improvement. 8 The parties agree that the terms of this Agreerncnt shall be 1linding +r{14N) anti inure to the bereft of thetr respective heirs, administrators, successors and :assigns. I he parties executing this Agreement represent anti warrant that trey arc authurEzc l ;o enter into and execaate tHs Agreement for and on behall`of the party which [hey represent. It). T7iis . grecruent shall Ile eftechve as of the date on which it is last executed by a l?am herein. Docu&gn Envelope ID. DA9405C4-9096-4B13-9820-71-661p54709D The Owner agrees to provide 'ill disclosure of this agreement to all trersorts,. entities 111d others wino accluire by or through Owner any interest in the Lot on and aver 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 >r standing water on the Lot of adjacent properties determined by the City to be resulting; from the Encroachment. "OWNER" PROPERTY OWNER PROPERTY OWNER 6rt' Printed Na, Printed Name Sign re }®}3ittit!/f� Signature Rate. CRAiilek�if,te; 2-2 C\ ° 1Pt st •. _ d- t® �• A' 1 ® p.RY LSP OX STATE OF iNDIANA COt1N I Y OF .1_°_� W_.. ) °®ro2C'�°....••�q,�,, i{�!gfil Before rne, a Notary Public in and for said County and State, personally app€ared jusLytia tttd Ry�tl KeIIy by me known, and who acknowledged the execution of the foregoing "CONSENT TO FNCROACH as his or her voluntary act and deed. Witness my hand and Notarial Seal this day of 1_t) My Commission Expires: N4TAYUBLIC; —w—-. --- Prated Name My County of,Restdence, DOCUSgn Envelope ID: bA94U5C4-9096-4Bi3-9820-7F66ID54709D "CITY" CITY Or CAItMEL, INDIANA, BY AND THROUGH H'S BOARD OF Pr.rl3L[C WORKS AND SAFETY pccuS 6gred by: (' rLv7 f3Y ram James Brainard, Presiding Officer Date: 0/6/2Q23 Ar,. 116d u. 6A Maf?y'kffflfdrke, Member Date: 9/6/2023 ji! - �ceu5rr `6p11ne1d by zsan"o'n"n r.an "�ai, `Member Date; 9/6/2023 STATE OF INDIANA ) I SS: COTINTY OF HAMILTON t Ootu5W-d by: -�-besaeee+nxaee .. Sue Wolfgang, Clerk Date: 9/6/2023 Before me, a Notary Public in and for said County and State, personally appeared 1A1IlES BRAINA tD, MARY ANN BURKE and LOR1 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" on behalf of the City of Carmel, Indiana. L* Wimess my hand and Notarial Seal this (U day of 20 Nly Commission Expires: NOTAY PUBLIC (Jessica 1"\0(run, Printed Name My County of Residence+tai This instrument was prepared by Jon Oberlander, Esquire. Assistant Co6poratioan Counsel, One Civic Square, Carmel, Indiana 46032. [ affirrn, under the penalties for perjury, that I have taken reasonable care to redact each Social Secw-ity .lumber in this document, unless required by law. Jon Oberlander, Esquiro DocuSign Envelope ID: DA9405C4-9096-4E313-9820-717661 D54709D C)ocu Sign Envelope ID. i7A9405C4-9096-4813-9820-7FCP,lD54709D Exhibit 8 4 {