40 Bennett/Roman Catholic Diocese of Lafayettea5
CONSENT TO ENCROACH
APPROVED ,SP
2014049093 ENCROACHME $27.00
10/30/2014 12:11:34P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
IIIIII11IIIIIIIII111MMIttIIIIIIIIIII111 ]11II
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Roman Catholic Diocese of Lafayette, Indiana, 40 Bennett Road, 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 ").
WIINESSETH:
WHEREAS, Owner owns in fee simple Lot 13 (Lot ") in Village of Mount Carmel, Section One,
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, Page 86 as
Instrument 410911 in the Office of the Hamilton County Recorder on May 10, 1957 as Village of Mount
Carmel, Section One (the "Plat "); and
WHEREAS, the current Owner wishes to install a driveway on the Lot (the "Site Improvement");
and
WI- IEREAS, 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
Utility Easement identified as "7.5' Utility Ease." 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 cross hatched 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 May 21, 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
WI- LEREAS, 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 sane, 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 allowed by the variance granted from the City of Carmel Board of Public
Works and Safety on May 21, 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.
"OWNER"
ROMAN CATHOLIC DIOCESE OF
LAFAYETTE, INDIANA
Signature
Date: 1-1— u\".I ,k. 20 <<1
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
/Vbr) r'-swn 7
James Brainard, Presiding Officer
ate:
Lori Watso
Date'.
Sandra M Johns
Deputy Clerk Ra ,na Cordray. IAM
Date: /J
STATE OF INDIANA )
) SS:
COUNTY OFT1PPE AWIt)
Before me, a Notary Public in and for said County and State, personally appeared R�NEeisop.tbUtZlwYoti-1
(Roman Catholic Diocese of Lafayette, Indiana) 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 thisa day of Av.tt_,.ST . 20j(.
My Commission Expires:
PlfiQ -Q.4\ °1 `his
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
NO)T'ARY PUBLIC
PC (�TJF��ri
Y-1 tS
Printed Name
My County of Residence: ti PALO
Before me, a Notary Public in and for said County and State, personally appeared chesaFFES
illkiragatieM, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
Sandra_ mJdnnsen t�+ U1L(
Members of the City of Carmel Board of Public Works and Safety, and ; Clerk -
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing,∎ Co,nsent To •
Encroach" on behalf of the City of Carmel, Indiana. •:�• (P
,_
, P1 s -•%.
ItJDlANA • , _ `-
Witness my hand and Notarial Seal this l6 day of
My Commission, Expires:
NOTARY PUBLIC
Printed Name ?....:
My County of Residence: 4g2M -7o�
f
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 ttta[ken reasonable care to redact each Social Security
Number in this document, unless required by Iav -� " "
EXHIBIT A
LOT 13 IN THE VILLAGE OF MOUNT CARMEL SECTION 1
SUBDIVISION. RECORDED IN 'I'I -IE OFFICE OF THE HAMILTON
COUNTY RECORDER ON MAY 10, 1957 IN PLAT CABINET 2, PAGE 86
AS INSTRUMENT 410911.
THE WITHIN SITE PLAN WAS PREPARED WITHOUT
THE BENEFIT OF A CURRENT TITLE POLICY AND ARE
THEREFORE SUBJECT TO ANY STATEMENT OF FACTS
REVEALED BY EXAMINATION OF SCHEOULE TA" AND
SCHEDULE 'B' OF A TITLE POLICY.
LOT 13 AREA = 31,871 salt
0.73 ACRES±
IMPERVIOUS SURFACE = 5,740 sqft
(HOUSE AND DRIVE)
DISTURBED AREA = 14,521 sqft
8• 1
Calk ...tam*
LOT 13 IN VILLAGE OF MOUNT CARMEL, SECTION ONE
OL /
> StQ-+ P OTECDON o ,Lssi, \� •
6 /- A ' fr 3 'Loy \\
, 0 L J \'o.b DWELLING • >. `,
122‘/'
G.G.E. = 885.0
p� / --\1' 19' GAR. = 8840 10
PAL ' / �1 'O.`. BASE. = 075.0;N6'1
1y Q 01
/ 0 ®.
/ so ® Y%, \ ' \\
s
C4. P A V0%
40 BENNETT ROAD
MILLER SURVEYING 948 CONNER ST. NOBLESVILLE, IN. Ph. 773-2B14
THIS SITE PLAN 15 NOT COMPLETE AND /OR VALID WITHOUT BOTH PAGES.
EXHIBIT B
LEGEND
.mBl 111111111Ih9.
NORTH
GRAPHIC SCALE
0 20 40 80
SCALE • 1" =
PLAN
J08 NO. 835012
= STABILIZED CONSTRUCTION DRIVE
= PERMANENT SEED / SOD IMMEDIATELY
AFTER CONSTRUCTION
B.L. = BUILDING LINE
EASE. = EASEMENT
= PROPOSED ELEVATION
DESCRIPTION
LOT 13 IN VILLAGE OF MOUNT CARMEL,
SECTION ONE AS PER PLAT OF SAID ADDITION
RECORDED IN PLAT BOOK 2 PAGE 86 IN THE
OFFICE OF THE RECORDER OF HAMILTON
COUNTY, INDIANA.
R.L.S. S0083
DATE: MARCH 11, 2014
NOTE: THIS DRAWING 15 NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR FOR: TOM McHAFFIE
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATON REPORT. REVISED: APRIL 29, 2014
PAGE: 1 OF 2
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CITY o ARMEL
September 30, 2014
JAMES BRAINARD. MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH - 40 BENNETT ROAD, CARMEL, INDIANA
Dear Board Members:
A Consent to Encroach document, signed by Fr. Theodore Dudzinski , 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 May 21, 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 \40BENN ETTROADENCROACH MENTDOCU M ENT.DOC
D EPAI I]IE]Yr nI' ENGINEERING
One Chic SQ; ARE , CARMEL. IN 46032 OFFICE 317571.2441 FAX 317.571.2439
ENIAIi_ c ngi nrL ring @ca nnc 1. in pul°