HomeMy WebLinkAboutCTE - 4976 Tudor Place - 2023034471pocu Sign Envelope ID. DA9405C4-9096-4B'.3-9820-7F66l D54709p
2023034471 ENCR $25.00
09/07/2023 02:45:21PM 8 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
II II II IIII II I I I I II I I I I II
CONSh:NLI fO FM,ROAGH
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PHIS CONSL'N"I'10 LNCROACH thereinafter the "Agreement") is ciltered into by and between Ruhin, Crary D & Sur A
Hosted h&u 4976 Tudor PI. Cannel. Flamillon C't>unty. Indilmo 46633. (individually and collectively, "Owner"), and the City of
Carmel, l laniilton County, Wails. by and lhu•ough its I)oard of Public Works turd 5nlety ("City").
W1TNFSSF.Tf 1:
WHEREAS. Otrncr oH•urs in fcc simple Lot 2) ("Lot") in DROOKSHIRF LAKES. scciioo 1, which is located within
the corporate limits of the City of Carmel, Indiana ("Snhdivisian")., which teal estate is morn particularly de5ei'IhCL1 in Exhibit
A. rdtachied licreto and incorporated herein by the reference; and
WFIF.RFAS. the official plat of the S11hdivisio%i teas recorded ❑i PR 8 VC. 36, Instrument Number 3524 in the Oflice of
thc. 14itmiltun County Kocorder on 12/11 '1979, ns BROOKSHl1CL LAKES, section I (tile "Plat" n and
WI €FRF.AS, the current Orwier wishes to install a deck replacement on the Lot {the "Site Improvement"). and
WHEREAS, Ihrner has given [lie City a sketch i"Sketch') depicting the Ineation of tlie Site Iniprovenient nib the Lor. a
copy of ,htch is attached hereto acid incorporated herein by this reference us Exhibit f3; and
WIJERFAS, the Si'c Impimenreitt will be cunstnucted nn pornoni of the [.ol designated as Variable Width Diamagc
acd Uli lily Fa-winvitt, idcutifled aS "D. & U E."on-L_"xhihit 13 title 'E"scnieill"); and
WHEREAS, last Casentcnt ±s beneficial to the Cily and its residcnls; and
WHURGAS, us indirtucd on the Sketch, the Site Inlprovemcnt will emioach (fho "laicrnaclrtncnl"i nlxm the Gaseuncut.
Melt Lincroachinent is crosshatched on Lxhihit 3: and
W111'.RP.AS, Cily of tunnel fivaltii of Public %Vurk.s ❑ id .Saf.ry approte; the rcklriest for a valiance drum
C!nmel City Code Section 6-227(4); and
\VIIr-'.RFAS. Owner and City ;acknowledge file location of tile F•ncroachmcitc and
WHFIUAS. Owner nckm,,cIedgcs that Ihm Alp€ecmcnt does slut iniply tuty approval of existing or Hoare im{uovvineiIs
not indicated by Ottuer nu L•'hiha f1; and
WiM-RFAS, the Itxauoo if the Site inyxotenu•nt as initicatctl b} lute Owner eo Lxhi_h.it__i3 shoal'( not materially
inicr(cre will) Ole ('11y's use of (lie Easctnclw
�ruSiyn Invelope ID F)A9466C 4-9496-4813-982'�-7F6611L)54-'09D
NOW, YIIFR�FORF,, Cot and in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the su�ciency and receipt of which are hereby acknowledged, the
parties mutually promise, agree and covenant as follows:
1. The fotegoing preaanbles, recitations mid definitions are madea part hereof as though such were Bully
set forth herein.
?. The City consents to the E,ncroaclunent 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 i€nprovement from what is depicted on Exhibit B, and to maintain the Site improvement in
good condition and repair.
1. 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 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 lniprovtrient, file Lot, or to Owner
5. Owner agrees and acknowledges that 'lie City's consent to encroach upon the Casement, 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 chat
person's consent even if such property interests are also located within the Easement.
6; Owtcr agrees to indemnity and hold harttriess City, its afficers, officials, members, employees, invitees,
lioensces and agents, fro€r€ and against a€av :and all losses, liabilities, damages, claims, judgments, attorney fees
and oasts arising from any bodily injury utncl/or death, and From any destruction or damage to any property or
improvements, located out, the Lot, or otherwise, and/or for any tailurc of proper disclosure pursuant to
Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors
andioi, agents in, on, under, across or to the Fasement.
?. Owner agrees to reimburse City for any and all costs and expenses lucurred by {wily to replace or repair tang
damage to the Fasemeart and any jmprovernents located therein caused by the installation. colsiniction,
rttarntenance and%or operation of the Site lnaprovement.
n 'The parties agree that the terms t-7f this ,'agreement shall he binding upon ram inure re the benefit of their
respective heirs, zidnt ristrator , successors and assigns.
). Tlie parties executing this ,Ngrceinent represent and warrant that they arc acthorized io enter into, and execute
this Agreement for and on bebalf`of the p<uty which they represent.
t 0 I h!s Agi—"rnent shall be effective as ;af the dome on , hich it i:, last L xecuted by a prsrty hereto.
'l%ocuSign Envelope In. i?A:946nL4.9ti96-4t313-9821)-i=661D5d' 91
i L 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.
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 OWNER
Pr' ed Name
S ignatu e
N—
Date :
g-IZ
STNI'H OF INDIANA )
S4.
COUNTY ON qM&n—)
PROPERTY OWNER
i
Printed Name
Signature
Hate:
Before me, a Notary Public in and for said County and State, personally appeared GGY
by me known, and who acknowledged the execution of the foregoing 'C:ONSENT IT) FINCROACH' as his or
her voluntary act and deed
Fitness my }nand and Notarial Seal this _ day of _---- , ?Q
My Commission Expires:
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AL
NOTARY PUBf.1C
[Innted Name }
My ('onr)ty of Residnicc,
DocuS gn Envelope U DA9405C4-9096-41313-9820-7F661 D54709D
"CITY"
CITY OF CATtMEI., FNDiANA,
BY AND THROUGH ITS BOARD OF
PLBLIC WORKS AND SAFETY
CocuSb ed by,,
BY;/ ~D
James Brainard, Presiding Officer
Date; 9/6/2023
I( oew3fonsa ey:
��I iIAAYI. �Uln � t.
,, a " I *ke, Member
Date: 9/6/2023
rah i>u
Lon aYson,Member
Date: 9/6/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
- 0"USN-d try:
s.. "Wn
Sue Wolfgang, Clerk
Date: 9/6/2023
Before me, a Notary Public ui and for said County and State, personally appeared TAMES BRAINARD,
MARY ANN BUItKE and LORI WAfSON, by nee known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Sue Wolfgang, Cterk of THE CITY OF CARREL, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmel,
Indiana. ���
Witness my hmid and Nou-irial Seal this day of r, 20_
My COII MiSSiOD FxpiM:
fG�a�• �,,i.99+Orr �;-°T,o°'�'i
mOTARY
;r PuBL4c ;
SEAL
r
gr 0 rF
NOD Y PUBLIC
Printed Name
My County of Residence tt% f1�'tlJ
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, Ot7e Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Seciuity Number in this
document, unless required by lazy. Jon Obertander, Esquire
DocuSign Envelope ID'. DA9405C4-9096-4B13-9820-7F661054709D
lEXhlblt A
Hamilton County, IN - Property Report for Parcel #: 16-10-28-01-01.027.000
Current Owner as of August 10, 2023
This information s €updated 5I'mes a week.
PROPERTY ADDRESS: DEEDED OWNER SL)MMARY INFORMATION:
4976 Tudor PI Rubin, Gary D 8 Sue A Husled Mw Parcel Number: 16.10.26-01-01-027.000
Carmel, IN 46033 4976 Tudor PI State Parcel Number:29-10-28-101-027.000.018
Carmel, IN 46033
Legal Descriptlow
Seotion/TownshlpfRange:
Subdivision Name:
Subdivision Section:
Deeded Acres:
Political Township:
Lot Number(s):
Last Recorded Date:
Acreage .60 Section 28, Township 18, Range 4 BROOKSHIRE LAKES Section 1 Lot 29 Irregular Shape
28118/4
BROOKSHIRE LAKES
1
0.6
Clay
29
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slalmar;. This program adom ycu to view and print certain pubfic records Each xacifnn reflects information as; of a apecinc dote., so 0,& information Druv`ded in diHernni sacrcris or repass may no
c lt. Afi inlonnaation has bean derived firom public reaerds treat are conslaniy tMargoing chantW and s not warranted fcr consent of aceufAcy. It niay not reflect the current infowinWn penalr6ng In the
terry of inlelest.
Co:u,,3gn Ervelope IC [)A9405C;4-9C96-4Bl 3-9820-7F661p54709C
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