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HomeMy WebLinkAboutCTE - 3180 Driftwood Ct Aaron Monke - 2023042085DocuSQri Envelope 10. 04372EES-585f-4AO5-5261.6461UG-tiAa61 FDS 2023042085 ENCR $25.00 11/02/2023 03:46:29PM 6 PGS Trini Beaver S Hamilton County Recorder IN Recorded as Presented II II II II II II I I II I I I I I I II a01212" • 1 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Monke, Aaron P & Kyle L. 3180 Driftwood Ct, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Ownor"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). W I'IN ESSETH: WIIEREAS, Owner owns in fee simple Lot 73 ("Lot") in SMOKEY RIDGE, section 3, which is located within the corporate limits of the City of Cartel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit N attached hereto and incorporated herein by the reference; and WHEREAS, the official plat of the Subdivision was recorded in PR 15 PG 10-13. Instrument Number 8748155 in the Office ofthe Hamilton County Recorder on 1112211987. as SMOKEY RIDGE, section 3 (the "Plat"); and WHEREAS, the current Owner wishes to install a patio with covering and outdoor kitchen 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 relbrence as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 25-foot Dminage and Utility Easement, identified as "25' D.&U.E."on B&ht A.Q (the "Easement"); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on ltte Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which Encroachment is crosshatched on lathi jl B; and WI ERFAS, City of Carmel Board of Public Works and Safety approves the Owner's request for a variance fmrn Cannel City Cod. Section 6-227(4); and W I IEREAS, Owner and City acknowledge the location of the Encroachment; and WHFAFAS, 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 B. should not materially intotfere. with the City's use of the Easement. DocuSign Envelope ID'. 94372EEB-5867-4AO5.9261-S4610{;i bA961 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:. 1, The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein, 2. "fhe 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. 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 utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawfid 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 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 also located within the Easement. G. 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 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 repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. 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 they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. to. This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610({ 6A961 It. 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 V'V� -Printed-Larne Sign u Date: PROPERTY OWNER AarViQ MookC Prime ame l.- 5i ature t Date: ) 0' 23 , 2--) STATE OF INDIANA ) SS: COUNTY OF L_ ) Before me, a Notary Public in and For said County and State, personally appeared at' t � V ti t �3 b by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCRO H' as his or her voluntary act and deed. �} 4�'��� Witness my hand and Notarial Seal this day of �1%l_ U K,Jt- 20i�A My Commission Expires: Printed Name My County of Residence: Cl� Ue�MISTIANNE FIGUEROA Notary Public S. Marion County, State of Indiana Commission Expires April 20, 2029 �'V'-P Commission Number NP0733205 DocuSign Envelope iD: 04372EEB-5867-4AO5-9261-64610CF6A961 My Commission Expires: 4 ao� "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Not Present James Brainard, Presiding Officer Date: Nip` -- 11 c191yne6 h, ai�'TAurke, Member Date: 11/1/2023 t �� �1et{SdLt, Lorl"WA3sH"ri Member Date: 11/1/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMIL TON ) �.sN—dby. Sue 011igang, Clerk Date: 11/1/2023 Before me, a Notary Public in and for said County and State, personally appeared , 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 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. tA-11-1 lWitness my hand and Notarial Sealthisi» l day of120 P.3 NOTA PUBLIC , -J ss I c 6rn Printed Name My County of Residence: ��15111!Illiffti1j r tis � m :Z NO"TAPY , PUBLIC SEAL t � J �] 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 Security Number in this document, unless required by law. 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