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HomeMy WebLinkAboutENCROACHMENT-CTE - 2945 Weatherstone Mellinger-202309152023035513 ENCR $25.00 09/15/2023 11:53:52AM 7 PGS Docusign Cnvelope IDDA940504-9096-4B13-9820-7F6611>54709D Trini Beaver Hamilton County Recorder IN Recorded as Presented 7DB II II II II II II I I II I III I I II A CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Mellinger, Stephen K Mandy h&w, 2945 Weatherstone Dr, 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 Lot 2 ("l.ot") in 13ROOKS BEND, 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 WHEREAS, the official plat of the Subdivision was recorded in PC I SLIDE 350, Instrument Number 9344721E in the Office ofthe Hamilton CourityRecorder on 09/l4/1993, as BROOKS BEND, section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a Concrete patio 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 of which is attached hereto and incorporated herein by this reference as Fxh ,b'r_ti„B.; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot drainage, utility and sewer easement, identified as ") 5' DU&S'E" 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 Exhibit B; and WFIE'l;1EAS, City of Carmel Board of Public Works and Safety approves the Owner's request far a variance from Carmel City Code Section 6-227(4); and WI IEREAS, Owner and City acknowledge the location ofthe F ricroachtnent; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit _S should not materiahy interfere with the City's use of the Easement. OocuSign Envelope ICJ: LD.P9405C4-9996-4513-9820-1`66ID647090 NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sutficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows. I. The foregoing preambles, recitations and definitions are made a part hereof as though such were tally set forth herein. 2. The City consents to the Encroachment for only so long as 0) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement: ;, Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Intprovenicnt 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 deers necessary, in City's sole discretion, to install, protect and/or repair any utilit}, lines, sewer litres 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 instrumerrt, 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 aEso located within the Fasernent. 6. Owner agrees to indemnify and hold hamhless 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 improvernents, located on the I ot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly f om any act of Owner, its einpioyees, 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 rcpair any damage to the Fasernent and any improverients located therein caused by the installation, construction, maintenance andr'or operation of the Site Improvement. 8. € he parties agree that the ter -ins of this Agreement shall he 'aindin2 upon and inure to tlhe toenelit of their respective heirs, administrators, successors and assigns, 9. I'he partie, executing this At reenient represent and bd%rrant that tlhey are authorized rn enter into and execute (his Agreement for and on behalf of the Marty which they represent. 10 This :Agreement shall be effective w, of the dma oil which it is last execrated by a party hercto. DocuSign Envelope ID: DA9405C4-9096-4B13-9820.7F661D54709D 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 effective date of this Agreement LI 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 OWNER w Printed Name " Signature r Date: _ PIOflick, STATE OF IN9� rr ) SS: COUNTY OF Cis ) PROPERTY OWNER Printed Name Signature Date. Before nee, a Notary Public in and for said County and State, personally appeared 5-ilz?" , 4PJI- c by me known, ar)d who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as hi, or her voluntary act and deed. rr!! Witness my hand and Notarial Seal this 1'day ofv1._, 20V. ry - 1a <� �'�e gNT04E0 S4Lnk� SSe. 31 PI 00 ,MyCommission Expires: NOTAR PUBLfC ," a`; corrtsser'JG��St " Expires l„r S. 2,2 i� " -- r-- ---� — — Printed game My County of Residence: ralp-, DocuSign Envelope ID: DA9405C4-9996-4B13-9820-7F66l D54709D "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY /bocustgned by, BY: r James Brainard, Presiding Officer Date: 9/6/2023 i,.hAk-W II1Au, Pa,Ar __— \fW'XKTS rke, Member Date- 9/6/2023 1-- oawa�Q�.e ey f-pu i�at`sc1 ls'on Waison,Nember Date: 9/6/2023 STATE OF [NDIANA ) ) SS: COUNTY OF HAMII,TON ) -- Ducusly led by; sue. Sue Wolfgang, Clerk Date: 9/6/2023 Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY Am BURK.E and LORI WATSON, by me known, and by the known to be the Members of the City of Carmel Board of Public Works and Safety, and Sue WoliWeeils listed (ffoT bet"imtarized acknowledged the execution of the Foregoing "CONSENT TO ENCROACH" on behalf of the City of Cat -ale], Indiana. F1 Witness nzy hand and Notarial Seal this W day of [, 20, . 3 My Commission F,xpiles: 1,C r �'•`�7� .l�a��v,}fit,'• "� NOTR.V n PUBLIC: SFAL e� '•�`�'` ''sty .r rnb`�.•�.. �* //tt�ll�litl l��t f t NOTi Y PL3BLIC 9 Printed Name My County of Residence Y1Lt This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carrne}, Indiana 46032. I affirm, under the penalties for perjury, that f have taken reasonable care to redact each Social Security dumber in this document, unless required by law Jon Oberlander, Esquire DocuSign Envelope ID, DA9405C4-9096-4813-9820-7F661D547090 ;Exhibit A LAND DESCRIPTION BR CDKS "NO SECTION 1 P&' of Oa YJast Had Of tf19 flcrtas t OLWOf 01 S OWC117, 7ownshfp 17 N rlh, F&Wo 4 Crst to HmrAton Crrurny, Inglarta, de W4U,d as lramma el" at the ttOWMISt COMM Of thu west hdf of tho roMi ,,g st guWot of &4tid $eo m 7; them North $4 doomn 23 n*j,tsq 2d a60or45 EAM (II&V ed boa npl aloro the saudi In® theroof a of MIS feett0 the Point of 0g9In*np; North 00 d"rem 00 mtruitea 00 Eecccds Lass d fUMOO of 409.32.94t, t*ce.Nvrlh 37 "Wses 00 Mudd 00 maws rk" r distance of 22121 Net; thtl,fi�3'NoNt tt9 0es00rttfr kil 00 &Wnds Wftj soDstu"el'100,70104thv"NofohVdx q('*A dp Wfum 00 tseroVP East a distance of tts0.00'JoW; Nncb 60M 63 de0 D0 00 d ` of 14.3� f* a Nonh 37 d jqi _ mhrtE> � 00 ug a d! a of 110'm foist; tlnr NOM b3 st"ds ix7 Ott seconds 1NV►st a dWjgAM of 24Q78 fttet; N041) 31 doo-* 60 hli u,{ j 00 K*00di East It dVAX0 of 1t1b,04.1a6p So4th 82 d6oaoir 00 rihtAos 00 sawlds East 8 01391,90 $W, SWh 06 �e UE! m toe, rds past a d of KOO 09 SOUli l 51 depraae Of) I'n e3 OS se . r: fast ads c(jM4y ktdl; NQFt1183 d ' V" 51 rnYut 2tf t Ott a dlstmeo of ISO-00 am to Iha E6hifed Ace o Nht vt lvay litir{ of state fed 0 481 pry bond hvsrxao) psr rg }cr 1.S,H.a ' Fteja �M,;86S.�1a� deRea t 0 SW'h oe degm b•8 MIM00 s4 1000t4s Fall "R g "d rl4N et way e d si4nc® of MA foot to a point bold vt w MrVimgonl " a y fs f , . Qs.of 10,0 ."Ra 4 641( the rod us pok' of ""ch be $oulh' �6 d@qt 11 4A da Wai1 ft9rci t alci I�inl: thent� on said t+wve and ripM of way+ arl tam +cf 34T.02 la APO" 1 D,t)OJe3f3 foe) fdtrrOG $7 de0 mks s8 iovekrde Es4t from rlvt P cWnt; Vk"c i South (ri d"t*od 11 m.$9 os1 aionp "d V10) way rO 9 C41MV0 of 4P.3.$4 fait to the f€Ofn'16gM4f WWL0 t' ` poreitld h ftK Vx F33 d 16 m' logo ! VloCt 0000 ! td y r4ihl clwayM& o dWAMO of 009 foot 111axe Scmh 0 00r&M 39 6-notes 05 a *ndts West' d fIGN of ".1i6e d (ASIVX4 01100.00 t ; LlItnm 6mih 713 do-4r"s 20 mlwSs 9000", WOM dOM sold rWA of way fins A cir d tot.98 feet twme sill00 dewead 20 s$ 1 a ch;its of 1".4t3 fed fo fo r Of ssd r s 7 e &outh 60 4 23 eb go 3000nds We r1grs the 6-oof a ©t ie ,set to IhA pofart of U4p1nnfng. INng 16.444 or Itt M-O DocuStgn Envelcoe ID DA9405C4-9090-4B13-9820-7F661054709D :10AM 1317 181)5 - 2803 - 317 5$2 2452:m 3/ S Jelin X Pr-, Ls, haid" C;MCY A - KML LA Stephen M, c0ow. � 5 Edward D. Giaco*t1c Ls. Vix,Fremilw a 6p�rxwnl joexts M milryme, 1-5, RJchard r4afty RUMVILn B. RAyb.,L LS, CWt(ofiff-T"urew W--Jey L. Div, 1-& Ev 1, F-Ai, L-5, sCHNEIDER ENGINEERINCe CORPOPUTION Ci'l lNimetl - LA-d S-Ivvyvls - Land plonmer& 99th STREET 40' HALF R/W Tros or pi'mr. Nl or SWAU LOT # 2 6,160 SF ------------ -- �— — — — — — — — — — — — — 1,6, w $2 6(36.00' IV DU k O k k Iit. livsA PaV r wr 10.9, YArfR fJNj- im w Zr- AMA IVAN BROOKS BEND DRIVE 4 0, RAW M - AY ss.07 PER SlrwCA PSIR SIN TrWSA WOAD BAAWIRC PECOAD DA,4WAV PLOT PLAN LOT # 2 BROOKS BFND SECTION ONE IMSTR, # 93 44728 167 MMM !"Nwe wwwAkrt LwArim MwFMM Oi Amp vilr1ril SIT" Lfill P= S7 - V =Wfli" 9kAPf .0M, W�fe AliawmMA awym Hkitil I" 0P x ri, # i )fJvb, # 350 I)qAt Yidr P4LW 2945 BROOKS .BEND DRjVF Nj I ly 110"? CIX mm 2 | 2 46 .){E22 °;,;| - 2 ���/§�\|ƒ : I) !®E��'� %a!!�2- ®$}/ ° cw ��)} xf!)}(k �! ..E�§q, r }) \)2 } a : ! . � I