14104 Ben Kingsley Lane-Heidrich, David/AmyCONSENT TO ENCROACH
2015001286 ENCR $23.00
01/09/2015 01:26:09PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111100111111111111111111111111111111111111111111111111111111111
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
David Seth & Amy Anderson Heidrich, 14104 Ben Kingsley 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 9 ( "Lot ") in The Meadows At The Legacy 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 P.C. #5, Slide #38, Instrument
#2013002735 in the Office of the Hamilton County Recorder on January 11, 2013, as The Meadows At
The Legacy Section One (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
Drainage and Utility Easement and a Drainage, Utility & Sewer Easement, identified as "20' D. &U.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 Dtceomotr 3 ;1ot4; and
IN
fr!
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
David Seth & Amy Anderson Heidrich, 14104 Ben Kingsley 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 9 ("Lot") in The Meadows At The Legacy 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 P.C. #5, Slide #38, Instrument
#2013002735 in the Office of the Hamilton County Recorder on January I I, 2013, as The Meadows At
The Legacy Section One (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
Drainage and Utility Easement and a Drainage, Utility & Sewer Easement, identified as "20' D. &U.E."
and "15'D.U. &S.E." on Exhibit 13 (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 Carmel City Code Section 6- 227(4) on D2.cevvkL tr S ,-LOIN; 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 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 12 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
12. 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.
13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any
time.
14. 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"
David Se
Signature
Date:
SI\
Amy Anderson Heidrich
d ,,
Signature V
Date: 1 1 /
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
mes Brainard,
Date: 2
' resi n leer
Mary A
Date:
n Burke, e • Der
Lori W
Date:
ATTEST:
sjec,keta oatniarSpjdra M Johnson
ISiana Cordray,1IXMC, Clerk- -De9@llty Clerk For
Date: /a-13P 9
STATE OF INDIANA )
) SS:
COUNTY OF /tt.1,
Before me, a Notary Public in and for said County and State, personally appeared David Seth &
Amy Anderson Heidrich, 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 /sir "day of AkJe-OliJ e-/— , 20 / 4
My Commission Expires:
.cin -r o2 f ZO /_S
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
NOTARY PUBLIC l
11-4X- h I/ 2, v h
Printed Name
My County of Residence. , /1-0 /-1
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
&utiirct ye�hr� son .bet?»7
Members of the City of Cannel Board of Public Works and Safety, and ^� A.P-4rrbr 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 "ged day of
My Commission Expires:
NOTARY PUBLIC
LIC
�. 4» » (04✓/ S
Printed Name
My County of Residence: ff4-4/ /A -To/U
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.
65c -*Arai
EXHIBIT A
LOT 9 IN THE MEADOWS AT THE LEGACY SECTION ONE SUBDIVISION RECORDED IN THE
OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 11, 2013 IN P.C. 5, SLIDE 38
AS INSTRUMENT #2013002735
Schneider
fre Gb T0r'!ioii
tisane Fort Hanson 89310ts Avenue
Finished floor Elevation (FFE) Information .
Pad Grade = 7553 per plan
Pad Grade + LO = Garage FFE (7569)
Garage WE v 1.91 = Residane FFE 175881
Residence Fit - 89'= Basement FFE (749.9)
REF. =756.8
Ground Cover Ara Calculations
Dive = S29 5F4 /.
Pub5cYlah= 1,056 SF +/- Pii oRWZ& =405F+ /-
Nydroseed'ug = 3888 5 tf-
Sod = 1)64 Nab rue yard
agora /sod package
HySo ding = 855 54-+/-
MdPoaal Sod Pad& =432 5Y +/- to rear easement
5dewolk to be placed
on the property tone,
4' from bock of curb,
per plot
LOT # 9
a
=REP
Asswned
Scale = 3 : i = 30'
Intaraadz N L1 5-12hT
P.-a' 7_L
2x71IZ
Rot Rol *end
P
co p1 Et* Grains
----DODO-- Contour LGude
* Approx Laterd L.ocaUon
0 — Solitary Sewer tires
— Slam Sewer lives
v
v Water Service Lies
Sub- Surface Dnin Linea
o Manhole
O Beehive Inlet (Siam)Stem)
D E• EndS U (Stem)
A Fire H)drml
— • • • — Floe Lwe of cede
Busting tip (& / 85U
Easement Line
Parcel it 29- 10- 23-004-009.000-018
NOTE VIBE IESOOmAL 061RICIS LNING
MEW 10 PyalY -9W (25) FEET, A DKIING
YAY RE NOREPSED N wart 1D WY-FRE (S)
FEET FRONDED TIE SF1E AND IOW TAWS ME
INCREASED AN ADDITIONAL FO3T FIN EACH FOOT
W1 STRICTURE IX®5 TRENIt' -FlYE (25) FEET
N WOO. FER CARREL MG ORDNANCE 26.1.1.
• Garage Fiat Floor Elevation The garage fmoh floor elevation is L5 feet above the curb at the drive per plan.
. Neaby Manhole Casting Eleadans -The upstream mnitary manhole has a top of casting elevation of 75590 and thedat'nsveam sanitary marthole has a top of casting
elevation of 755.80 both per plan. The upstream sanitary maMole lop of casting elevation shall be no less than one foot (1'-09 below the F.F.E. of the residence.
SHEET 1 OF 2
PLOT PLAN
Prepared For. R.H. OF INDLANA
Subdivision: THE MEADOWS AT THE LEGACY SECTION 1
Recording Info: 2013002735 and C.O.C. 2013008902
County. HAMILTON - Township: CLAY
Street Address: 14104 BEN KINGSLEY LANE
Buyer /Owner. INVENTORY
Prepared By. EAS DATE: 06-05-13
SCALE: 1•=30'
Job # 13.0106101
LOT 9
Lot Size: 11,119 SF
Soc/7wp /Rng SEC 22- T18N -R85
R/W: 33'
EXHIBIT B
�uiu o 0 c uI1ule
0 0 0
0
CITY OF
0
B
ARMEL
November 20, 2014 JAMES BRAIN_ARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH —14104 BEN KINGSLEY LANE — DAVID S. & AMY A. HEIDRICH
Dear Board Members:
A Consent to Encroach document, signed by property owners David & Amy Heidrich, is submitted to the
Board for signatures. Board approval for the encroachment was granted by the Board of Public Works
during the December 3, 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: \BPW14 \14104BENKINGSLEYLAN EDOCU M ENT.DOC
DEP.AIEINIEAT OF ENGINEERING
ONE CIVIC S(A 'AR E. CA10114. IN 46032 OFFICE 31 7.5712441 FAX 317.571.2439
E�IAII. enginecnng .Carmd.in.goc