HomeMy WebLinkAboutCTE - 2902 Trailblazer Ct - 20230360702023036070 ENCR $25.00
09/20/2023 11:43:21AM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
Do —Sign Envelope ID: DA34O5C4-909t3-4B13_9820-7F6r'ID54709D II II II II II II I I III III I I II
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CC0NSEiY'TTO ENCR(ACH
JMZ
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Kelly, Hugh 8c Hazel h&w,
2902 Trailblazer Ct, 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").
W ITNESSETH:
WHEREAS, Owner owns in fee simple Lot 17 ("Lot") in ESTATES AT TOWNE MEADOW, section , 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 S SLIDE 1109, Instrument Number 2020-5588 in
the Office of the Hamilton County Recorder on 01l30)'2020, as ESTATES AT TOWNE MEADOW, section (the
and
WHEREAS, the current Owner wishes to install a Landscaping 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 Exhibit B; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, utility and
Sanitary Sewer Easement, identified as '•25' D.U.8cS.S. E_"on Exhibii 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 8; 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 O,vner on Exhibit B: and
WHEREAS_ the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially
interfere with the C:ity's use of the Easement.
pocuSign Envelope ID DA940504-9096-4Bl3-9820-7F66lD54709D
NOW, TI-II REFORE, for and in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the suffiicienoy and receipt of which Lare hereby acknowledged, the
parries mutually promise, agree and covenant as follows!
I. The foregoing preambles, recitations and definitions are made a pars hereof as dtatsgh such were fully
set forth herein.
2. ]'lie City consents to the Encroachment for only so long as
(i) (lie 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.
4.. 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 titil ty 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
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, tinder, 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 Easement.
6. 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, 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
andlor 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 (lie Easement and an)) 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 thcy are ,authorized to enter into and execute
this Agreement for and on behalf of the party which they represcnt.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
DocuSign Envelope ED: DA9405C4-9096-4613-9820-7F661 D54709D
ll. 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 I imits 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.
"OWI1IER"
PROPERTY OWNER
Print Name
5i tore
Date: � 4 2
STATE OF INDIANA )
) SS:
COUNTY OF )
PROPERTY OWNER
Printed Name
r
"%1kilttrjll
. �o E Y at'N�0ii Signature
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CO
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Before me, a Notary Public in and for said County and State, personally appeared Hugh and Hazel Kelly
by the [mown. and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. r��+.,
Witness my hand and Notarial Seal this ay of _ _ ..... _ .. 2l}�
My Commission Expires:
NO PUBLIC
Printed Name
My County of Residence:1Ly�
DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661054709D
"CITY"
CITY OF CARMEL, fNDIANA,
BY ANDTHROUGH 17-S BOARD OF
Pl.'BLIC WORKS AND SAFETY
Oat US Egnad by:
—�e��2i486+akT
James Brainard, Presiding Officer
Date 9/6/2023
_D-WV„a
tWAffff`[fdrke, Member
Date; 9/6/2023
h Wi4>�
Lon WAVA, vlember
Date; 9/6/2023
STATE OF INDIANA 1
} SS:
COUNTY Cal: HAWL`I'Oi`J �
^r OacuSk�ned I,y.
97�e9ET
Site Wolfgang, Clerk
Date: 9/6/2023
Before me, a Notary Public ui and for said County acid State, personally appeared JAtINIFS BRAIiNARD,
MARY ANN BURKE and LORI WAi'SON, by me known, and by me I« sown to be the Members of the (:.'fly of
Carmel Board of Public Works and Safety, and Site Wolfgang, Clerk of THE. CITY OF CARME:L, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carnnel,
Indiana.
Witness my hand and Notarial Seal this (0 , day of'r_ �, 20_'g
My Comirussion Expires:
o �
NOTARY
n PUBLIC
f SEAL—
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S, °
IN,..,.,....,. ? t
NOT, Y PUBLIC
s
Frinted Name
My County of Residence t 1 �Ty
This instrument was prepared by Jon Oberlander, Esquire. Assistant Corporation Counsel, One Civic Square, Carmel,
lndiaria 46032.
I affirm, under tine penalties for perjury, fiat I have taken reasonable care to redact each Social Security Number in this
document, unless required by law.. Jon Oberlander, Esquire
DocuSign Envelope ID: DA9405C4-9096.4BI3-9820-7F66lD54709D
EXHIBIT
I. THE UNDERSIGNED REGISTERED LAND SURV"Ok Do lljERFUy CERTIFY THAT THE INCLUDED
pLA-TWRRF,CTLYPJEPRESEKITS ASUBOMSON CF pARTOF THE NORTHFA811' QUARTER OFSECTIO?4
5, TOV44sHjp 11 NORTH, RANGE 3 SST OF THE SECOND PRINCIPAL JOEPIDIA4. IN HAMILTON
COUM, iNDWik MORE PARTICULARLY OF SCRIBED AS FOLLOWS:
PART OF YHE NORT"r--AST OtMTER OF SEC10N S. IrOMSHIP 17 NOFtTH, RANGE 3 EAST OF TI-110
sget>N0 PRINCIPAL MERIDIAN, IN K*A&TON COUNTY, IND[ArJA, MORE PARTICIRARLY DESCRIBED
AS FOLLOM:
colAIENCiNG At THE NORTHEAST OWNER OF SAID NORTHr-Asr CUARTER; THENC9 SOUTH 00
DEGREES 04 MINUTES 12 SECONDS VVEST (STATE PLANE BEMNG) ALONG THE EAST LINE OF SAID
NORTHEMIT CAIARTER A D48TANCE- Of 1197.65 FEET TO THIZ POM OF BEGINNING. SAID POINT
BEING THE WRTHEAST CORNER OF TRACT 11 AS DESCRIBM IN INSTRILIME0 NUMBER 20110068VJ
AND FtECORDEO IN THE OFFICE OF THE RECORDER OF SAID MUNV', THENCE SOUTH 88 DEGREES
40 MINUTES 12 "COkOS WEST ALONG THE j4ORTH LAIR THEREOF AND THE VWSTERLY EXTENSION
THEREOF A DISTANCE OF 2710A0 FEET TO THE WEST LINE OF SAID NORTREAST QUARTER BECTKW.
THENCE SOUTH 00 DEG 10 MINUTES SO SECONDS WEST ALONG THE Vffff LINE THEREOF A
DWANCE OF 744.39 FEEC' TO THE NORTH LINE OF KING$ U11 GUSDIVIS10k RECOAMD AS
INSTRUMENT NUMM 9909926154, THENCE NORTH 69 DEGREES 20 MINUTES 19 SECOP40S EAST
ALONG TA NORTH LINE THEREOF A OWANCE OF 802-90 FEET, THENCE NORTH 00 DEGIVES 18
MtNVres 43 SINES WEST A DIVANor; OF 32.47 FEET To THE 6UMtWEST CORNER Or I RACT I
AS DF.SCRIBED IN SAID INSTRUMENT NurAuER 201 TFENCE NORTH 69 CEGRZ- ES 09 MINUTES
10 $ECONDS EAST ALONG THE SOUTH ILINE THERFOF A DISTANCE OF 897-68 FEET', THEME NORTH
00 I)EGREES 13 MRF=3 M SECONDS &WALCNG THIS SW UNE THEREOF A DISTANCE OF 471-09
FEErr, THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS FAST ALONG THE SOUTH U.NE OF SAID
TRACT 11 OF INWMMENT NUMBER 2MIW6809 A DISTANCE OF 911.94 FEET TO THE E40 LINE OF
MO NORTHEAST OWIM SECTION; THENCE NORTH 00 IDEGREEB 04 MINUTES 12 SECONDS SPAT
ALONG THE EAST UNF- THIEREOF A DISTANCE OF 276.38 FEET TO THE pOINT CIF REGINNING
CONTAINING 35.97 ACRES. MORE OR LESS
THIS SUBDIVISION CONSISTS OF 44 LOTS, N10,18ERED I - " (ALL WaUsAM) AND a COMMON ARW-3
tACEL50 COMMON AREA 'K, -Er, -W, -D-. -V AND -F-. THE SIZE or LOTS ANf' WDTH OF STREM
ARE SHOM IN FEET 4WD DEGIVAL PARTS THEREOF.
jiffix, 15M
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