5734 Prelude Lane-Shinkle, Mark/JenniferAPPROVED
CCe-f V
,.,.' 2014041755 ENCROACHME $27.00
09/19/2014 08:21:27A 8 PGS
Mary L. Clark
CONSENT TO ENCROACH HAMILTON County Recorder IN
Recorded as Presented
HO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII N IIIIIIMOMIIIIIIIIV
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Mr. and Mrs. Mark A. and Jennifer A. Shinkle, 5734 Prelude Lane, 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 10 ( "Lot ") in The Overture, 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 this reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 2, Slide Number 311
as Instrument #99 -52309 in the Office of the Hamilton County Recorder on September 20, 1999, as The
Overture, Section 1 (the "Plat "); and
WHEREAS, the current Owner wishes to install a fence 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 a
Drainage, Utility and Sewer Easement identified as "10' 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 approved the Owner's request for
a variance from Carmel City Code Section 6- 227(4) on June 18, 2014; 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 hnprovement, 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 and acknowledges that the Encroachment, as provided in this instrument, does
not violate the original Plat, any subsequent amendments or restatements thereof, and /or any
covenants and restrictions applicable to the Encroachment.
7. 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 13 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.
8. 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.
9. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to
provide to City a recorded copy of same within ten (10) business days of the effective date of
this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees
and consents to City recording same, at Owner's sole expense.
10. 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.
11. 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.
12. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
13. 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.
14. Owner agrees not to alter the ground surface elevation within the limits of the easement at any
time.
15. 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"
Mark A. Shinkle
Signature
Date:
62124 H
Jennifer A. hinkl
Signature
Date:
Lo 12 (I 14
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
ii 0'f Y /2E
James Brainard, Presiding Officer
Date:
)71/1
Mary Ann urke, Member
Date:
Lori Wat cn, ember
Date:
ATTEST:
ana Cordra IAth
Date: ifte
STATE OF INDIANA )
) SS:
COUNTY OF 1 ieV∎AklTot3 )
Before me, a Notary Public in and for said County and State, personally appeared Mark A. and
Jennifer A. Shinkle, by me known, and who acknowledged the execution of the foregoing "CONSENT
TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this 2021 day of 30 0 C , 2011:
My Commission Expires:
MY-I 3o aeQ- -1
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
NOTARY PUBLIC
ti p. FRi-aabZL 44411K1
Printed Name
My County of Residence:\LT'°PJ
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, 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 DIANA L. CORDRAY, Clerk -
Treasurer 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
My Cominission Expires:
day of
NOTARY P1) LIC
L • 4»»I' Yi 5
Printed Name
My County of Residence: ` —6(-�t tIV'\
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, 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.
EXHIBIT A
LOT 10 IN THE OVERTURE SECTION 1 SUBDIVISION IN THE
OFFICE OF THE HAMILTON COUNTY RECORDER ON
SEPTEMBER 20, 1999 IN PLAT CABINET 2, SLIDE NMBER 311
AS RECORDED AS INSTRUMENT #99 -52309
EXHIBIT B
PLAT OF RETRACEMENT SURVEY
Prepared for: Mork A. and Jennifer A. Shinkle
5734 Prelude Lane Carmel IN 46033
Lot 10 The Overture, Section 1
COMMON AREA
89'27'4 "W
Lot 9
cn
S00'52}51 "W
LEGEND
@ FOUND 5/8" REBAR W /CAP STAMPED "SCHNEIDER FIRM 90001"
O SET 5/8" REBAR W /CAP STAMPED "5 &A FIRM 90008"
O FOUND ALUM WELD STAMPED "SCHNEIDER FIRM `0001"
0.0 & S.E. = DRAINAGE UTILITY & SEWER EASEMENT
B.L. = BUILDING SETBACK LINE
Lot 1.3
I I /7,6.96 I
10' 0.0.85.8.
0
LOT 10
8,050.0 S.F.
N
O 0
O O
m 15' Et L. in
70.00'
PRELUDE LANE
88927'41 "W 179.23'
of 12
COMMON ARE
Lot 13
GRAPHIC SCALE: 1 inch = 50 9.
0 25 50
Lot 11
LANDSCAPED AREA
o®
Stephen M. Roesehlein
Professional Land Surveyor
Indiana Number: 29600000
Certified: May, 19 2014
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ALWAYS ON
7965 Eus1106th Street, Fishers, 111 46038 -2505
phone: 317.849.5935 fax: 317.849.5942
303 80. 69532
DRAWN BY: PEL
CHECKED BY: SMiR
DATE DRAWN: 05/14/2014
FIELDWORK DATE: 05/09/2014
PAGE
1
OF 2 SHEETS
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ri LTT `
CITY OF Cr*AWVIEL
July 8, 2014
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — 5734 PRELUDE LANE — MARK A. & JENNIFER A. SHINKLE
Dear Board Members:
A Consent To Encroach document, signed by property owners Mr. Mark A. Shinkle and Mrs. Jennifer A.
Shinkle, is submitted to the Board for signatures. Board approval for the encroachment was granted by
the Board of Public Works during the June 18, 2014 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon
approval and signatures by the Board members the document will be recorded with the Hamilton
County Recorder's Office.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT -5734 PRELUDE LANE
S: \BPW 14 \5734PRELU DELAN ECTEDOCU MENT.DOC
DEt RmtENT OF ENGINEERING
ONE CIVIC SQUARE, CARiMEL, IN 46032 OFFICE 317. 71.2441 FAX 317.571.2439
EMAIL engineering @cannel.in.gov