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Home My WebLink About5560 Salem Dr. N. - Manual Layman2023048056 ENCR $25.00 12/27/2023 08:46:14AM 6 PGS Trini Beaver Hamilton County Recorder IN LLP Docu Sign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 Recorded as Presented II II II II II II II II I I I I I I II CONSENT TO ENCROAC711 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Layman, Manual I & Janice Margie h&w, 5560 Salem Dr N, Carmel, Hamilton County, Indiana 46033, (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 45 ("Lot") in ASHTON, 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 151, Instrument Number 9100973 in the Office of the Hamilton County Recorder on 01!09/1991, as ASHTON, section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a Existing pool deck and accessory structure 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 7.5-font drainage and utility casement, identified as "7.5' D.&U.E." on Exhibit B (the "Easement"); and WI IE4REAS, the Easement is benuficial 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 WITERF.AS, 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 Incroachment; 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 Situ Improvement as indicated by the Owner on Exhibit _B should not materially interfere with the City's use of the EasemcnL DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 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: I. The 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 Exhihit_-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 lawful purpose, and that, should the City tape 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. 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 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 darnage to the Easement and any 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 they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 10, This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID'. AAEA7A5C-DA63-43C9-A4AC-ABBF3EEF4D38 Il. 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. t2. 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" C'ROIJERTY C?F{'NER AP[inteName ` Datc: S'IWIT OF INDIANA ) +� i SS: COUNTY OF �� :�'�� 1 �0, -- t PROPERTY Ci6f`;VER Butore rne, a ;Votary Public in srnd for said County and State, personally appeared by rrae known, and who acknowledged the execution of thy: forcgoing "CONSF.N`1"IO ENCIROACH' as his or i)er voluntary act and deed. _> Witness any hand and Notarial Seal th s) day of,l,i}� MV Conimission Fxplles: NOTARY PlJBVIC $ 1` 151� � 8ri�rted N��rt�e twCAf SN �`d S x 'rttltll�� ' M° � 6-101 UD DocuSign Envelope ID AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: f James Brainard, Presiding Officer Date: 12/20/2023 Oocuftq W Qu)A, t -- iary'AnnMrke, Member Date: 12/20/2023 :oiDgSltil4 Member Date: 12/20/2023 STATE OF INDIANA } } SS: COUNTY OF HAMILTON } Dx Sb fined hy. Sue Wo fgaing, Clerk Date: 12/20/2023 Before me, a rotary Public in and for said County and State, personally appeared JAMES Bi2AINARD, 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. ANk Witness my hand and Notarial Seal this OU day of _, 20 My Commission Expires: `�}154111111lJ�P ."Z NOTARY .r PUBLIC SEAL. m. r 40 A U F NOTA� PUBLIC Printed Name My County of Residence: This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel, 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. Jon Oberlander, Esquire u uSu�C kr IaK;r.ICi AAEk\ir\,U f7hE3-A3G�-A:1:�C-Aft h.3E F4L7k P �� e IJ ! J flf e Lo ��.e C0'T d, U I' ''7 1 1, the undersigned, d RegWirred ('itrl Sera r in the Steele of lndiaf+:, ?Rrtby certify that the within Flat rr sees at surooy anal subdivision of plant of the Northeast Qwtt#t of Section 21, TowwAip 1S North, fbango 4 fast. Clay Township, fiarnitton CouAlIt Indiana, morr partis'uNrly desWbrd " ftxtlours, Cbrnrrroneing at the Northeast coverer of the Northeast quarter of Section V, Township 10 North, )tangs 4 Wt, Clay rouftshiA Mismitlon ibuntt, Indian*, theme Barth 89 degrees 35 maimdes O1 seconds hest (wisumcd bearing) are the North dine of said Northeast iter 116130 fret to a point keeled South a 89 degrees 35 minutes 01 saeorud Vast 179A fi'ft fom the hrarthuasl coirner ., of the &rt Half of said Northeast Qruerter. said point being the point of beginning fir the trout :herein described; l South 02 dogrepi f9 minutes 13 seconds ,Rust 383.12 fkrl; thence South 84 degrees 10 minutes 52 stcumt.+ last 136.38 fill; thence Sotalh 00 dOOMS f1 minutes 25 .Wcorsd.* Well 661.43 #of, thence North 89 do s 35 minutes 01 "nds Yost 2d.90 ,ktt; thence South 13 degrees 07 minutes 46 sicords .Roast 164.44 ._het; thence South 1d degrees 22 minutes 22 seconds Vest 62.77 fttd; the ;,outh 17 de . s 44 rninults 59 sveandir Ust 134.19 fill; lhawo South 55 dogrets 37 minutes 30 seconds Pest 42.41 fait; thence Sou;ih 00 degrees 02 minutes 43 seconds Rasa 298.99 abet; thnuce South 60 degrees 35 minutes 27 "candy Solar 065,55 ,Amer; thew# South 14 degrees 56 minutes 20 setonda &A 50.73 ,set; thence South 13 dogmas ?o minrdas 28 ie 153.03 , thence AM 77 doyms j IS minutes 38 seconds West 44.41 jirot; theme South (9 degrees 34 minutes 13 seconds rest 90.59 fist; thence South 07 ate es 57 minutes 32 so k- West 97,44 Apt; thence South 04 degrees 32 minutes 19 seconds 177.23 feet; 1henc# South 37 de es 45 minutes 52 nc#nds fart 42.53 )Wl; tUnm NatdA 89 dogmas 31 rninratas 47 ssc#nds 94%1 45.f.t4 fist; theme Xovih 32 de al O1 minutes 52 mconds Caxt 33,37 jtit; thence North 00 de es 1t mintdsa U see tart 33254 f of thence North 82 de es 49 rn4nudaa 32 SICOMS Rost fit.2.5 fill; Me" Morth 79 degrees 77 minutes 47 seconds Cart 56,95 f.° thence South 89 degrees 48 rainules 38 sacotads East 190.00 first to the &it lire of said llorthcoM Quarter. thence North 00 (4gress 1t minutes 22 °. seconds Last on the Bast tine of Wit Marthftst quarter 683.20 fief to the f Southeast corner of the Real dsMU described to Dred 3mk 362. Pope 141 In tho Offtce of the Atcordcr of Hamilton Cauanly, Indians; lArwe South 88 nJ drgreei 51 minutes 59 stconds Nest (this and tt,e newt are an the d E� perimeter of the Real Carats desi:r bed its ,Wed 11nk 3669, Aigs 141 in trait Office) 2Y7W .iet; t North 00 dt es 1t minutes .02 yoconotij Bast W.24 ftel, thence North 88 degrees 51 minutia 59 neands roast 2i7,10 fief to the h`nst line of said Wort t -Quarter; thew Atorth 00 degrees if minutes 22 seconds East on the Cast tiara of said MOW" Qt;+arter 320.3C fiat; thence North 89 dapves 48 minutes .3 se4c*nds West 40.00 44; thence North fir degrees 24 muteaides S6 svc#n& Yrst 41129 ftel; thvict .Arth 7S degrees SO minutes 55 mcands West 172.08 f O; thme North 00 telr�vts 34 , minutes 1S seconds Lost 130.00 fiat; t+'ferwe North 08 ale es 32 rAIrsides 19 seconds rest 50.00 fiat; thence South S1 dogntir V minutes 41 weavii Next 6,82 Inert. therere North 20 dogms 89 msnadas 1f 'erondl Waal f8803 ftet; therv,-e North 13 degma 38 minutes 87 wA+ondi Volf .42.24 fief; that North UTILITY 00 degrees 24 rninutt3 59 sei0 t 01 166 V ,1rel to flat North dine of said Wariheast rler. the North 89 lie s 15 minutes O1 we^nrlefe well an the *rth line of soid NorthfdA Q-uarler 319Z 54 ,tdt to the point of btginnsaatp, contaming 3$ 44 i rer, ntm or lass. 13 AlIr Suabfret tc the ought of.. u y )br lfaxti 1411 t?rrad. Atb,prct to 1h4 right- of uny fbr 1-16th S"treee, gat ,Subpeet to all other legit sastwwrtts arrd rights•- of vvato. fAu sseGdivarwfl cv uists of 55 fot.r, nuimbw•re+l 1--9, 38- 7, 73-?$. SO 92, Led-. (,('t� �rrk'CR(?f,+rTE 1OO arid 102407, On irtclu-siva'. Bloch A. nand streals 'ss lh*,svt VlvorL PuT r , (TO PE Size of t►ao leis reel 1,wt ,whet the earialth of the serer rights- of, umay 2wrt rhatura in f'ig-rnts deny Ung ,set and +tsrirrual parts Sh'ttvof LD O UPVC ,.., �,.,, .> r.... s',,,-- a,.,�,�+...-� ra,� DocuSgn Envelope ED: AAF.A7A5C-DA634309-A4AC-A8BF3EEF4D38 COkSUiTING EhGIkEERS aoea ASHT.45 L A !! Q S U R Y E Y0 R S C4�1RO1j zs�00.1O 99� AlBean+tdN id. • iillMn, A4663Ei f ---- (317) ES4-5915 I-tlOp-71C-691T FAX- (SEt) 619-5942 TF,rIS No M03LE 104" CE OF LMS OF POSWSSM UNLESS CITHMWISE NOTED. 0 z ,c�.. 1p F,! l a• W00 RE9AR SEI SIAMPM 'S&A #(=a' 1 { ccoK,s- O COPPEAY,tii.n r(rwb t9.33 1 1 70' B.t_ CLi 'X" N SIDEWALK ,z S�LM"a DRIVE NORTH (50• It/v. __ _ _-