HomeMy WebLinkAboutConsent to Encroach Agreement_Recorded2024022073 ENCR $25.00
06/24/2024 02:49:10PM 7 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN AMM
CONSENT TO ENCROACH APPROVED
By Se—Grechu hat m. Jun IZ2
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Hauser, Jerry D, 730 Altain
Ave, 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 26 ("Lot") in CARMEL MEADOWS. 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 2 PG 47-48, Instrument Number in the Office of
the Hamilton County Recorder on 12/16/1955, as CARMEL MEADOWS, section I (the "Plat"). and
WHEREAS, the current Owner wishes to install a metal storage shed 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-foot Utility Strip
identified as "7.5' U. S. " 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 "Encroaclrrnent") 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
Cannel City Code Section 6-227(4); and
WHEREAS. Owner and City acknowledge the location of the Encroaclunent; 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 pennission 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.
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
H . 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
PROPERTY OWNER
Printed Name
Signature
Date:
STATE OF INDIANA )
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared T'F
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH'a1Qs or
her voluntary act and deed.
Witness my hand and Notarial Seal this 4L day of Ju R-� 20 Qq
My Commission Expires:
SLICk
��•�`y PRY
•'•.QION
♦s''` �� P I E O
NOTARY PUBLIC C
Printed Name
My County of Residence: �.
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: stuu
Sue Finkam Presiding Officer
Date: 6/19/2024
Oo�c�uSlpned by:
_1A�Q Nt d
auraCrmppbell Member
6' N/204
Date:
Foos:sion.d bx
/Ili�s. N"#aA
A1anToiasn911E"ik Member
6/B/2024
Date:
CD—ft.dt7:
a(. Ai IXJA,
Jacob Q6l/1,C/2024
Date:
E
JESSICA DIECKMAN
STATE OF INDIANA ) % Notary Public, State of Indiana
Z OF SS: Hamilton County
COUNTY OF HAMILTON Commission Number NPp fifes�, 88
My Commission 8xpiresJanuary 01,2032
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. 44 �j
Witness my hand and Notarial Seal this l { day of
My Commission Expires:
M-IMULTINAN'! W.
NOTARY PUBLIC
Printed Name
My County of Residence: t f V 1 1
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
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
Exhibit A: Property Description
Legal Description
Acreage .00 Section 30, Township 18, Range 4 CARMEL MEADOWS Section 1 Lot 26
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0
Exhibit B
DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0