HomeMy WebLinkAboutCTE-14385 Arnett Dr Miguel MedinaDocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
WHEREAS, the official plat of the Subdivision was recorded in PC 5 SLIDE 279, Instrument Number 2014-54239 in
the Office of the Hamilton County Recorder on 12/01/2014, as RIDGE AT THE LEGACY, THE, section 3 (the “Plat”);
and
WHEREAS, the current Owner wishes to install a Patio, retaining wall, deck, pool and pool deck 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 Tree Preservation
Easement , identified as "50' T.P.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
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Medina De La Cruz, Miguel
A, 14385 Arnett Dr, 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 75 ("Lot") in RIDGE AT THE LEGACY, THE, section 3, 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
By Sergey Grechukhin at 1:51 pm, Jun 05, 2024
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
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.
9.
The foregoing preambles, recitations and definitions are made a part hereof as though such were fully
set forth herein.
1.
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.
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:
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.
2.
3.
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
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.
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.
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.
5.
6.
7.
8.
This Agreement shall be effective as of the date on which it is last executed by a party hereto.10.
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
Exhibit A
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
Exhibit B
Exhibit B
16.49 ft
22
.
9
4
ft
24x24
Diamond
Patio Blocks
Retaining Wall
46.06 ft
3.
9
4
ft
10'x40' Pool
and Deck
Area 39
.
9
6
ft
9.95 ft
20'x22' Deck
22.04 ft
19
.
9
8
ft
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0