1843 Limehouse - Patel, Neil/ChristinaAPPROVED &
CONSENT TO ENCROACH
2014049089 ENCROACHME $56.00
10/30/2014 12:11:34P 22 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
hill I i IiiI l l Iii iiI�I IIIII tt�II IIIII Atli Bull lIlII Atli llIII IIIl t11I
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Mr. and Mrs. Neil and Christina Patel, 1843 Limehouse Street, Cannel, 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 289 ( "Lot") in Village of WestClay Section 12001
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 369
as Instrument #199909971385 in the Office of the Hamilton County Recorder on December 13, 1999, as
Village of WestClay Section 12001 (the "Plat "); and
WHEREAS, the current Owner wishes to install landscaping and sub - surface piping 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 "5' D.U. &S.E. ", "10' D.U. &S.E." and "15'
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 October 1, 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 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 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 beyond that needed to install the site improvement or as otherwise allowed by the Board
of Public Works and Safety approval on October 1, 2014.
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.
Drainage issues exist on the lot as of September 17, 2014 and are described in the photographs
attached hereto as Exhibit C.
"OWNER"
Neil Patel
Signature
Date:
9 -�2 -/y
Christina Patel
Signature ,
Date:
9- iz -��,
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: 447- Re-Col-7f
James Brainard, Presiding Officer
Date:
Mary
Date:
nn Burke, Member'
Lori!Watso>(Mem er
Date V /0/16-//4
San�ra M Johnson
uty Clerk For ATTEST:
Diana Cordray, 1AMC, Clerk- Treasurer
`,s ,t,
Date:
STATE OF INDIANA )
) SS:
COUNTY OF i Qom)
Before me, a Notary Public in and for said County and State, personally appeared Neil Patel and
Christina Patel, by nie known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his or her voluntary act and deed II
Witness my hand and Notarial Seal this day of , , 20`1"
My Commission Expires:
ISl
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
IC st_
NOTARYG 15 5w-it
Printed Name f 1
My County of Residence:
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRA-INARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
dra rrJ 1Ri h.(
Members of the City of Cannel Board of Public Works and Safety, and DIANA L. COKDKAY, Clerk -
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this 1' d of 0orD‘F.t
NOTARY PU$LIC
My Commission Expires: C_ • 4-4✓ / ✓4 ✓/S
Printed Name /
My County of Residence: 74 47o /4124U
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have
Number in this document, unless required by law.
en reasonal7l'e
c.
each Social Security
EXHIBIT A
LOT 289 IN THE VILLAGE OF WESTCLAY SECTION 12001 SUBDIVISION RECORDED IN THE
OFFICE OF THE HAMILTON COUNTY RECORDER ON DECEMBER 13, 1999 AS INSTRUMENT
#199909971385.
Mr d[G,eieer earporeGoo Gattwe',o
,r.
wmn�r n n.nrwe 07100.30 k0rerrw.
tot N" N0 4121e -1077 01•15
711 -e :0 -7301 Centro
$cider 03.35 -403- r Plot Pion Lean
This Plot Plan Prepared For.
C1ASC (1006, INC.
: 289, containing 27,229 3E5,
/eeale of 'n'eslcloy
Sec tin 1 12001
Nsbament ( 199909970365
P.C. (2. 930 P 389
1643 U4C10JSE STREET (50' VA)
Prepare! Dole: 09/11/03: Cp 0.F2
Community Restrictions:
SDe yard = 80 Id width al 3.L
Rea Yard = 20'
Aggregate = 180 of lot width of B.L
Droa Proposed Diodes
000..03 Enstng Grates
in ---000.0---di Contour Grade
Appro. lateral location
— e —S 'Ly Se er Li es
— is: —S.am8 C.
+ — Water Sernce Lines
Sub- Sudoce Drain Lines
o Vanbole (Sanitary or Storm)
(,) Beehive, Wet (Storm)
p Curb Inlet (Storm)
D End Section (Storm)
A Fre I ran)
Finished Floor Clemliw Informalla+:
Pod Grate = 891.7 per pier.
Pod Grade 1 0.1' = 6amge FE (892.1)
Pod Grade + 25' to HE of Residents (8942)
Residential 1TE - 10.0'1 = Notarial FT( (881.23)
Note : The gorage treed 0n dem.,on 373
2.8' abate the curb =ilia, per plan.
ad
rn n
Auer s to grace side yard seas + '
to grades o shown n Ws iven. c age a Fir LuG
it noble os achieve ire. the engineer shay �1
from ntacted. b budder of o dedat droll
grades hoed. on Is not (o denote from
of both sawn a this 2,o :+awl the consent
1
of both Inc The ScnneOu Coop. and Brnwick Cev.
Neste: Sanitary Sewer
Top of Costing Information
Upstream !Stale, TC= 889.68
Do.nshecm Parade, 10= 891.36
per record drawings.
Note: Buddy to ensure
positive drainage say from
strulure(s).
note: Sump pump(s) to 5,
placed by bvuder ins needed
11ete:
The basement ekr lied, depicted hereon, nas been aterrnned
cod hosed upon the pad grades and/or contours (oxen from the
S n✓uction plans for This sobdiisgn. Unless staled. no
ramclin about Cudue5N9 water tables, sag cond'" "liars, or sod
lopes has been prodded of staled w said plea. 11 is
reconvnended Nd the bosannl rnished Moor devotions be at
least two feel (2') above the normal pool elevation of any
odpmng bodies of eater, unless a study of facts reach
o hereise. If daring the vnsetiw process ony ground water is
.it.essed, The Schneider Corporation should be notified
immediatdy. The basement devotion should be raised two feel
(2) above the ground .ate, end addfena 00,03,uctin
lechni;ves should be i,capaoted to dllesiate future problem
,,11m -337 -973
this plot plan was prepocred
b tee on information than
Pon recotd plats, su:dins w
plan tort Wo.mgs ond
plat: wadded by clot. N
is the «gwsibuuy of the
contractor to o,nily site
condition. pries In ewswetiw.
^ notify The Schneider
cap. and Brenhick Development
el ony disaepcncics,
\ IAS mut n streets Iran Lases
leaving fat to be decreed of
AN --tithe end of each day.
Stow bobs and sill fence +o be u se
.here needed to keep mud aft of
streets and out of storm se.
itsewers.
U Psi it
/fetes box
All serdce IoluGs
crossing rim
o: stomped:
SA- Sonnay Sear
SS= Subnulece Drina
le= Wear
JRea of 6cler tap 10 be \1=
Ai baci Oleo with granumr 1 h
! \,mafuia m 033+1, 00' al ?h'
) lop of curb.
ken of water top to be restate
to Os' original condition pna ,„
to csulacna,.
j 5
IGS9tx
�RF ISCO
S
,wie=3, ^•us $0013,4
Detd of Gan:
kin to. ,open
084043
PW PLC 000
1,�
PER - 4.10 DWG
\
90.60
./ 1Ufi
Candor bark ITN suggested
ender driveway et sonitcry se•c
lateral trench, sole' Inc trench
rid any other e0wmled areas.
(9 stloction occurs)
Locoliw of utilities on plot PIOn
are genpa cation s per :an
070 shad be verified 'n We (ea.
Note: (secondary areas - 'Festdcv)
llos ragh l: 35' on lots 100' cod logo
(3: ea line) 30' on lees lhoo 103
Dee. mwmge: 50.^
note: (primary areas - Wepiey)
lac. heigtt 30'
Ovid -up line: 2 stories
Vo, cottage: 500
Pod devotion lawn is per plans
end is Dot the os -bvif elevation.
The Information la the eiewlim
difference be', ten the primory {waisted
(far creation to the top of boot nenl
.M and to the basement finished Moor
pioadet by the client.
\
\
I, Dennis L ervmpp. duly ncnsod Lnna
=rve ror. Ineiono j 00303. do
ccmy caddy that In my opinlon, it
Ina Unlined grade. we nstructed
e Surface Drainage o
an shown, lot, .m be son.wmnry
for Residntlot eonewetIon.
bs0+0111 llm+n :unidu
50
I▪ r1
ca
ion #c DWG 4rd.uc..
BUILDER MUST COMPLY WITH ALL
ORDINANCES GOVERNING SITE EROSION * cainauugolouncil
& SEDIMENT CONTROL CONSmucnm 6C SAN. LAT.
SUB- SURFACE DRAW UT.
MD WATER SENNCE LINE.
IARD LIGHT & MAILBOX T
INSTANCED PER SU0DIVIS,ON
COVENANTS & RESTRICTIONS J
6Lo.3. .4 Cn.n..,.r KEra g
�LL(r J.N- 1133.94tc 1. s4GV
-- :aiMI..,11 cOao -r, ,
,
EXHIBIT B 1 OF 3
1/L
09/19/03 DR
EXHIBIT B 2 OF 3
34
* INSTAi.i- F.tStm3 101 IMAM
As
glas0e0 tru't it PIPE
IZUKS
* UetrfhS ILWI BE C. o YEMNE 9 8Y
P&PT1 -( OP INLUT lnfa M1)CH
P10E3 Pistil "'owe
}� TV-WS / LA-MO SUrPNVir Rt`7ng, (JUST
To PIPE tVAM. , sULT(N Eke-Gatti
(2oc1TS IN TTWSW INt P1Pff.
/NSrAA aart_
Fi3d i ; ors!
PaIM OF
77t-6 r til ti-MM
came WP
I NSri tt, C1t Yiva13 ors
UP sTribsY'Tm -ism $ OP
91P t" (LuwS
Its Witc-tutO
46964,
P.
4" at- C OQUBr ff
Nt -Q 0'L
EeU►v.Ait'r
P/PE
iibo¢. J2"
7D C t4 rL n
Pr P6
4," Row or
-0P Soo—
r IZ" MAN
EXHIBIT B 3 OF 3
EXHIBIT C 1 OF 11
PLAT OF RETRACEMENT SURVEY
Prepared for: Neil H. & Christina A. Patel
1845 Limehouse Street Carmel IN 46032
Lot 2.89 Village of Westclay, $fiction 12001
50'
Lot 292
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
CHORD BEARING
DELTA
0 -8
1200.00'
988.09'
299.12'
678.70'
N70147145 "E
32'51'13"
GRAPHIC SCALE
0 25'
50'
( IN FEET )
1" =SOFT
LEGEND
• SET 5 /8" REBAR W /CAP STAMPED "S &A FIRM H0008"
j FOUND 5/8" REBAR W /CAP STAMPED "S&A FIRM 110008, OR AXIS"
® CALCULATED FROM AND /OR FOUND ALUMINUMWELD WITH "SCHNEIDER FIRM H 0001"
O.U. &S.E. = DRAINAGE UTILITY & SEWER EASEMENT
B.L. = BUILDING SETBACK LINE
. ■o
\\\\.% \\011111111101/0/
.
Q s ct"•;
Q- < s
tii; NO. 0+.m;
s% ',AI
:a -ex'.
:�x'�
:;;�.;
'�':�cy�
44- r,E.: •
EXHIBIT C 8 OF 11
x
EXHIBIT C 11 OF 11
JUJU o O o t1E_J+UI+
0 i:1O pmO
CITY 0 ' ARIVIEL
October 1, 2014 fAmiEs I3I AINw1D, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH -1843 LIMEHOUSE STREET - LANDSCAPING /SUB- SURFACE PIPING IN
EASEMENT
Dear Board Members:
A Consent to Encroach document, signed by Mr. & Mrs. Neil & Christina Patel, is submitted to the Board
for signatures. Board approval of a variance for the encroachment was granted by the Board of Public
Works during the October 15, 2014 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon
approval and signature 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
S: \BPW 14 \1843LIMEH OUSE- STREETENCROACH M ENTDOCU M ENT.DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARNIEI._ IN 46032 OFFla_ 3 17 571 2441
EMAIL etigineering!Wcarmel.in.gov
FAN 317.5712439