12036 Leighton Court/Gudgel, William/StaciaAPPROVED ad)
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2014041754 E Cit0F1Ck1E $27.00
09/19/2014 08:21:27A 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH
oPY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Mr. William R. & Mrs. Stacia E. Gudgel, 12036 Leighton Court, 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 850 ( "Lot") in the Village of WestClay Section 10002
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 as Plat Cabinet 3, Slide 519 as
Instrument #200400075938 in the Office of the Hamilton County Recorder on November 8, 2004, as
Village of WestClay Section 10002 (the "Plat "); and
WI- IEREAS, 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 "15' D.U. &S.E." & "10' D.U. &S.E." on Exhibit B
(the "Easement "); and
WI- IEREAS, 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 August 20, 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 13 should
not materially interfere with the City's use of the Easement.
NOW, TI- IEREFORE, 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 13. 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 Improvement, 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 Encroaclmient, 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
benefit of their respective heirs, administrators, successors and assigns.
to the
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"
alL
D Signature 3/ i/
Date: e:
ignature
Date:
"CITY„
CITY OF CARMEL, INDIANA,
BY AND TI- (ROUGH ITS BOARD OF
PUI3LIC WORKS AND SAFETY
BY:
mes Brainard, Presiding Officer
ate:
Mary in Burk Member
Date: 7 — —/y
Lori Watsoi
Date:
4 Tab
p. aria Cordray, IA Clerk- Treasurer
Date: q- 3
STATE OF INDIANA )
)SS:
COUNTY OF /)I79741yd» )
Before me, a Notary Public in and for said County and State, personally appeared William R. &
Stacia E. Gudgel, 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 6/4v of , 20 /y
My Comn ission Expires:
/
0
6
Debbra M Haislip
Notary Public Seal State of Indiana
Marion County
My Commission Expires 01/30/2019
STATE OF INDIANA
)
) SS:
COUNTY OF HAMILTON )
NOTARY PUBLIC
/77. /475-4n
Printed Name
My County of Residence: /%%%140/d
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
;Zind & M3ctnsLy1 Defw1 F
Members of the City of Carmel Board of Public Works and Safety, and - f L.'.:,. COP4n ^,Y, 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.
r�l
Witness my hand and Notarial Seal thiS3 day of S �m b e�
My Commission Expires:
41/i(52/i7
e ny
20
NOTARY PUBLIC
. 4 Win) 4-Vi-S
Printed Name
My County of Residence: /144 /rl ?./L
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for perjiiiy, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law.*
1,
EXHIBIT A
LOT 850 IN THE VILLAGE OF WESTCLAY SECTION 10002 SUBDIVISION
RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON
NOVEMBER 8, 2004 AS INSTRUMENT #200400075938.
EXHIBIT B
VILLAGE OF WESTCLAY
P.C. 3, SLIDE 519
LOT #850 — SECTION 10002
HAMILTON COUNTY, INDIANA
12036 LEIGHTON COURT
LOT SIZE:
CONC. DRIVEWAY:
PUBLIC WALK:
PRIVATE WALK:
SEEDING:
SOD:
15,900 SOFT.
1,368± SOFT.
1,030± SOFT.
128± SQ.FT,
4,588± SO.PT.
812± SQ.YD.
Builder b contact Oblorzt at Brenwick
574-3400 to coordinate the house mailbox and
yard light alailallun. Pksaae wlt2 week . vim.
P LCerr flat to N
PREPARED FOR
W£DGEWOOD BUILDING COMPANY
PROPOSED
RESIDENCE
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c 7k L$20300026; *
ta, STATE OF '
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Bu Ider shall remove and replace the existing
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aTn.. fn. - Ab at the driveway as required by the City
of Carmel per the attached detail. Curb
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LEGEND
— PERMANENT SEEDING
— CURB INLET PROTECTION
— DROP INLET PROTECTION
--UA— — UNDISTURBED AREA
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To whom it may concern:
Some time aEo, you submitted a request to the WestClay Architectural Review Board for
design review. The review of your submission is complete and the board has tried to contact
you to request that the submission, along with the written results and findings of the design
review. be picked up at Brenwick's offices in The Village of WestClay. Since this form has
not been picked up. and due to limited storage space. your request is being mailed to the
contact address provided with the submission. The Board requires that all construction he
done according to the enclosed written findings and results of your submission's design
review.
Sincerely.
McLean
Staff Architect
12884 Broad Street • Carmel, IN 46032 • 317.574.1 164 • FAX 31 7.574.1 133
vvww. vwcownersassn.cort-I
WESTCLAY ARCHITECTURAL REVIEW BOARD
— F C Ti c
Date: q ' LO. 14 ARB File Number: WC B5O /4I1B t#
Street Address: Lot Number: 650
A. Required Changes:
/. / oce .ney no/ 6�p /��� wi6 M ,4, p id
/ear yardeasc noif iv45eareAna -- cnavovc✓fan
B. Suggested Refinements:
C. General Comments:
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/7' iou wish Ara teed wi/h Jfie varies -24r . yeyur°s7e. A /sot
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Action Taken:
❑ Approved
❑ Approved as noted
N. Revise as noted and resubmit
o Not Approved
ARB initials: Owner /Owner Representative initials:
Date: 4/2$,/ 14- Date:
2 of2
0 610 OBEY
CITY -O', �.j EL
August 21, 2014
JAMES BIUUNARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH —12036 LEIGHTON COURT — WILLIAM R. & STACIA E. GUDGEL
Dear Board Members:
A Consent to Encroach document, signed by property owners William R. and Stacia E. Gudgel, is
submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of
Public Works during the September 3, 2014 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon
approval and signature by Board members the document will be recorded with the Hamilton County
Recorder's Office.
Sincerely
---r
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT -12036 LEIGHTON COURT
S: \BPW 14 \12036LEIGHTON COU RTDOCU M ENT. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571 2439
EMAIL engineering @cannel.in.gov