3767 Shafer Court-Goldstein,Greg/SusanCONSENT TO ENCROACH
THIS CONSENT TO E CROACH (hereinafter the "Agreement ") is entered into by and between
Mr. & Mrs. Greg A. and Susan M. Goldstein, 3767 Shafer Court, Carmel, Hamilton County, Indiana
46033, (individually and collectively, "Owner "), and the City of Carmel, Hamilton County, Indiana, by
2015001240 ENCR $23.00
01/09/2015 01:07:38PN 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
and through its Board of Public Works and Safety ( "City ").
WITNESSETH:
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII
WHEREAS, Owner owns in fee simple Lot 32 ( "Lot ") in Williamson Run I Section II 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 Book 1, page 39, Instrument
1189 -14918 in the Office of the Hamilton County Recorder on July 19, 1989, as Williamson Run I Section
11 (the "Plat "); and
WHEREAS, the current Owner wishes to install a patio and has installed a fence and driveway 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, Utility and Sewer Easement, identified as "35'D.U. &S.E." and "10'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 Cannel Board of Public Works and Safety approved the Owner's request for
a variance from Carmel City Code Section 6- 227(4) on 0fcew.ber 3 .1A ; and
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Mr. & Mrs. Greg A. and Susan M. Goldstein, 3767 Shafer Court, Carmel, Hamilton County, Indiana
46033, (individually and collectively, "Owner "), and the City of Cannel, Hamilton County, Indiana, by
and through its Board of Public Works and Safety ( "City ").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 32 ( "Lot ") in Williamson Run 1 Section 11 which is
located within the corporate limits of the City of Cannel, 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 Book 1, page 39, Instrument
#89 -14918 in the Office of the Hamilton County Recorder on July 19, 1989, as Williamson Run I Section
II (the "Plat "); and
WHEREAS, the current Owner wishes to install a patio and has installed a fence and driveway 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, Utility and Sewer Easement, identified as "35'D.U. &S.E." and "10'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 December 3 'Tory ; and
c
WHEREAS, Owner and City acknowledge the location of the Encroaclunent; 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 terns 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 terns 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.
1 1. 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"
GREG A. GOLDSTEIN
e
Signatu
Date: Il 17 I\ `{
SUSAArA7. GOLD,�iTE1N _
Signature
Date: m// 11
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
r�0
J roes Brainard, Presiding Officer
D'tte:
MayA
Date:
urke, nbei�
Lori WtSn, M9mbeir
Date: ? %- 3 / `%
ATTEST:
LAteL
Diana Cordray
Date:
Sandra M Johnson
e • uty Clerk For
STATE OF INDIANA )
) SS:
COUNTY OF Ha-m; )+191j )
Before me, a Notary Public in and for said County and State, personally appeared Greg A. &
Susan M. Goldstein, 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 /y7a`day of /Vp✓tpm 1)e r , 20 !f1
My Commission Expires:
/ 20/5
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
NOTARY)) PUBLIC
/awn da -
Printed Name
0 rcX--ki
My County of Residence: c-214-m--"H , th) /7
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
sccnox -o- J0\-,nson
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 "Consent To
Encroach" on behalf of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this3 day of
My Commission Expires:
urnbe
NOTARY P BLIC
C. f-i✓/1/0g✓ /3 .
Printed Name
My County of Residence:
f7'#49 /tiro /J
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cann - el;
Indiana 46032.
1 affirm, under the penalties for perjury, that l have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
EXHIBIT A
LOT 32 IN THE WILLIAMSON RUN I SECTION II SUBDIVISION RECORDED IN THE OFFICE
OF THE HAMILTON COUNTY RECORDER ON JULY 19, 1989 IN PLAT BOOK 1 PAGE 39 AS
INSTRUMENT #89 -149I8
EXHIBIT B
L'J
November 19, 2014
CT1'Y 0 APMEL
JAmn.S I3RAENARD, i'VIAVO z
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — 3767 SHAFER COURT— PATIO, FENCE & DRIVEWAY
Dear Board Members:
A Consent to Encroach document, signed by property owners, Mr. and Mrs. Greg A. and Susan M.
Goldstein, is submitted to the Board for signatures. Board approval for the encroachment is 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: \BPW 14 \3767SHAFERCOU RTENCROACH MENTDOCU MENT.DOC
ONE CIVIC Sc)I ARI
D¢rnIrnu_Nr or EyGI,C Eno ".:(1
CAR vIEL IN 46032 Orricr_ 3 1 7 57 1.2441 I' ‘x 3175712439
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