HomeMy WebLinkAboutConsent to Encroach_notarizedCONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Whiteley, Jason M & Amy
M, 560 Cedar Lake 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").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 11 ("Lot") in CEDAR LAKE, 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 PB 12 PG 12-14, Instrument Number 859271 in
the Office of the Hamilton County Recorder on 07/07/1985, as CEDAR LAKE, section 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install a 2 car detached garage 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 25-foot Drainage, Utility
and Sewer Easement, identified as "25' D.U.&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
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 Owner 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 City's use of the Easement
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. 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 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 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
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
damage 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.
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
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
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Printed ame
Sig(ature
Date: 1-7-0 2
STATE OF INDIANA )
) SS:
COUNTY OF 161C V106 )
PROPERTY OWNER
Date: T
Before me, a Notary Public in and for said County and State, personally appeared , J Anil ��"H ( L
by me known, 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 day of r , 20
My Commission Expires:
AMAZA M SMITH
Notary Public, State of Indiana
Z SEAL; Hendricks County
Commission Number NPOS72869
P AN� My Commission Expires
September 13, 2031
"A�, kJ
NOTARY PUBLIC
AY�Ka K-�( a-
Printed Name
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BYAND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Sue Finkam, Presiding Officer
Date:
Laura Campbell, Member
Date:
Alan Potasnik, Member
Date:
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Jacob Quinn, Clerk
Date:
Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA
CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmel,
Indiana.
Witness my hand and Notarial Seal this day of , 20_.
My Commission Expires:
NOTARY PUBLIC
Printed Name
My County of Residence:
This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, 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. Sergey Grechukhin, Esquire
Exhibit A
1, the unlersigned, htreby certify that the withir p14-' ., ;.rue and corrcl-, and represents part
of the Northwest Quarter of Section 1-4, Township 18 North, Range 3 East in Hamilton Co"nt%-,
indiana, being -more particularly described as follows:
ge&Lnning at a paint on the North line of the said Northwe&t Quarter South 98 degrees 32 tl-lnutvs
36 seconds West (Assumed beazing", 27-710 feet from the Northeast corner of said Northwest quartcr,
Thence South 00 degrees 36 minutes 59 seconds Fast along the centerline of Rohrer Road t.#OL98
feet to the North line of a tract of Isad conveyed to Fred Williams and Carolyn Ann Williams by
Jarranty Deed recorded in Book 292, page 486, in the Office of the Recorder of Hamilton toounty'
Indiana; thence South 80 degrees 36 minutes 06 second-* hest along the Worth line and North line
extended of said tract 227.04 feet; thence South 00 degrees 09 minutes 54 seconds East parallel
with East line of said Northwest Quarter 145.00 feet; thence South 07 degree* 59 minute.47
seconds Last 199.26 feet; thence South 71 degrees 30 minutes 00 seconds West 269A5 foe-, thence
North 62 degrees 00 minutes 00 seconds West 92,18 feet- thence South 09 degrees 50 minutes 06
seconds West 100.00 feet to the East line of Hunter's Creek Village - Section 1, a subd-vision
in Hamilton County, Indiana, the plat of which is recorded in Plat book 91 page 90. in
Office of the Recorder of Hamilton County; thence North 00 degrees 09 minutes 54 seconds West
along the East line of said Hunter's Crook Village - Section 1. a distance of 704.14 feet to
the Southwest corner of a tract of land conveyed to Frank L. Stumpf and Magdalene $tumpt by
Warranty Deed recordtd in book 267, page 125 in the Office of the Recorder of Hamilton taQunty
thence North 88 degrees 32 minutes 36 second* East parallel with the North line of said Northwest
Quarter and the South line of said tract 235.68 feet to the Southeast corner of said tracts
thence north 00 degrees 18 minutes 33 second* West along the East line of Said tract 72.10 feet,
thence North 98 degree* 32 minutes 36 seconds E4at, parallel with the South line of said North-
west Quarter and along the South line of a tract of land conveyed to Elbert U. Whisuant and L.
Esther Whisnant by Warranty Deed recorded in book 259, page 518 in the Office oaf the Retarder of
Hamilton County 127.50 feet$ thence North M) degrees 09 minutes 54 seconds Wo#t, parallvi with
the East line of said Northwest Quarter 200.00 feet to the North line of said Northwest i�,usrter,
thence North 88 degrees 34' winwtes 36 seconds East along said North line 269.30 feet to t€2*
Beginning Point, containing 1.0.412 acres. more or less.
this sutdivision consist# of 19 lots. numbered 1 through 19, both inclusive, together w-th
streets, easements and public ways as shown on the within plot.
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Exhibit S
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