14230 Brandt Lane- Villamin, Nathan/VictoriaCONSENT TO ENCROACH
2014051211 ENCROACHME $27.00
11/13/2014 02:18:55P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and
between Mr. and Mrs. Nathan J. and Victoria J. Villamin, 14230 Brandt Lane, Carmel, Hamilton
County, Indiana 46074, (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 6 ( "Lot ") in The Trails At Hayden Run
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 Instrument
#200500069468 in the Office of the Hamilton County Recorder on October 21, 2005, as The
Trails At Hayden Run(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 "15' D.U. &S.E." and a Landscape
Maintenance Access Easement and Drainage Easement identified as 25' L.M.A.E. &D.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 Cannel Board of Public Works and Safety approved the Owner's
request for a variance from Cannel City Code Section 6- 227(4) on August 6, 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:
I. 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.
S. 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 assigms.
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"
Nathan J. Villamin
Signature �
Date: cr�s//Y
Victoria,frVillami
Signature r
Date: /5/
I affirm, under the penalties for perjury, that I have
taken reasonable care to redact each Social Security
number in document, unless requite$ by law."
(name)
���
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC W RKS AND SAFETY
BY: b James , Prsidin• fi ficer
Date:
Lori Wats ember
Date: i (.. ftq , `'' ^^ '
ATTEST:
Sandra M Johnso utieL&
Deputy Clerk Frottha Cordray, IA
Date:
STATE OF INDIANA ) e TIMOTHY MICHAEL LAITAS
Notary Public - Seal
) SS: State of Indiana
COUNTY OFd1(GTr) ) Hamilton County
My Commission Expires Dec 15, 2021
Before me, a Notary Public in and for said County and State, personally appeared Nathan
J. and Victoria J. Villamin, 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 �9rhday of H &L, . 20 %y
My Commission Expires:
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
NARY PUBLIC
Tin LJirr4S
Printed Name
My County of Residence: /2/8/11 /GTaN
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
Sekt -tam m.
known to be the Members of the City of Carmel Board of Public Works and Safety, and-DM-Mk
n6on J7e l.%v
DRAY; 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.
1 ,4
NSW Dia.%
Witness my hand and Notarial Seal this 6 day of o ✓Ern 64"
My Commission Expires:
* /ig /, 7
✓I
e
NOTARY P BLIC.p,
- /Q4/
Printed Name
My County of Residet_ v •
Vv ": 11 U.i , 01 NN-
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EXHIBIT A
LOT #6 IN THE TRAILS AT HAYDEN RUN SUBDIVISION RECORDED IN THE OFFICE
OF THE HAMILTON COUNTY RECORDER ON OCTOBER 21, 2005 AS INSTRUMENT
#200500069468.
a
SURVEYOR LOCATION REPORT
I hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date
indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC 1 -1 -12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
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Scale: 1" =30'
Legend
B.L.
D.U. t. S.S.E.
L.M.A.E.
R /'N
D.E.
140.00'
Building Line
Drainage Utility & Sewer Easement
Drainage Utility & Sanitary Sewer Easement
Landscape Maintenance Access Easement
Right—of—Way
Drainage Easement
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Lot 6
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15' D.U. & S.E.
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140.00'
HAHN SURVEYING
GROUP, NC.
Surveyors & Engineers
2850 E. 96th St., Indianapolis, IN 46240
PHONE: (317) 846 -0340 or (317) 846 -4119
FAX: (317) 846 -4298 or (317) 582 -0662
No.
20300031
<•.. STATE OF ;'lq_ .0
9ij)' /PO I A t c O
//O SU
/j IRIS \\\\`\
CERTIFIED: July 26, 2013
Chad D. Hahn
Registered Land Surveyor,
Indiana 0.0300031
Job No.: 2013071584
Sheet 2 of 2
EXII/BI T P
October 23, 2014
,IUnU o a UI JUIc
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mint
CITY 0 AI MEL
JASAIES BRAIiNARD, MAYOR
19
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A
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH —14230 BRANDT LANE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document, signed by Mr. & Mrs. Nathan J. and Victoria J. Villamin, 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 August 6, 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,
/c
Jeremy Kashman, P.E.
City Engineer
S:\ BPW14\ 14230BRANTLANECONSENTTOENCROA CH.DOC
DPi rijrcr or Gsciserruxo
()XI( Civic: SQUARE:, CAI la. IN 46032 Omu;r 317.3712=141 FAX 317.571.2439
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