131 1st Avenue NE-Brown, John/DeborahCONSENT TO ENCROACH
2015001311 ENCR $23.00
01/09/2015 02:23:36PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
1 I I I I I I 1 01111111 0111 0111 0111 0111 0111 0111 0111 0111 0111 1111 1111
IS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
John R. & Deborah F. Brown, 131 1st Avenue N.E., 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 ").
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate
limits of the City of Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate "),
attached hereto and incorporated herein by this reference; and
WHEREAS, the current Owner wishes to install a sump pump connection on the Real Estate (the
"Encroachment ") which will encroach into those segments of 1s` Avenue N.E. (the "Right of Way ")
which are contiguous to the Real Estate and which are identified on the drawing attached hereto and
incorporated herein by reference as Exhibit B (the "Drawing "), in the manner and locations shown on the
Drawing; 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
0ecewober ,t4ibovi; 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.
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
1
CONSENT TO ENCROACH
IS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
John R. & Deborah F. Brown, 131 Is` Avenue N.E., Carmel, Hamilton County, Indiana 46032,
(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 certain real estate which is located within the corporate
limits of the City of Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate "),
attached hereto and incorporated herein by this reference; and
WHEREAS, the current Owner wishes to install a sump pump connection on the Real Estate (the
"Encroachment ") which will encroach into those segments of 1St Avenue N.E. (the "Right of Way ")
which are contiguous to the Real Estate and which are identified on the drawing attached hereto and
incorporated herein by reference as Exhibit B (the "Drawing "), in the manner and locations shown on the
Drawing; 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 nccew.ber t4, tovN; 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.
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
1
(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 Encroachment from what is depicted on Exhibit B. and to maintain the
Encroachment in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Encroachment as
City deems necessary, in City's sole discretion 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 Encroachment, the Real Estate, or to Owner.
5. Owner agrees and acknowledges that the City's consent to encroach within the Right of Way,
as provided in this instrument, regards the City's Right of Way 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 Right of Way.
6. Owner agrees and acknowledges.that the Encroachment, as provided in this instrument, does
not violate any covenants and restrictions applicable to the Encroachment.
7. Owner agrees that the Encroachment will not create standing water and /or other drainage
problems that affect the City or adjacent property owners and that, if such problems arise, the
City, in its sole discretion, may itself remove or may notify Owner who shall then
immediately remove, all or any portion of the Encroachment as is necessary to correct such
problems, at Owner's sole cost and expense.
8. Owner agrees that the water flow from the Encroachment shall be directed away from all
street travel lanes and that water from the Encroachment shall not be permitted to spray onto,
traverse or otherwise cone into contact with any travel lanes or paved areas of any street or
street intersection.
9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's
reasonable satisfaction, any utilities or improvements (whether located above, below or on the
surface of the Right -of -Way) damaged as a result of the installation, construction,
maintenance or operation of the Encroachment.
10. Owner agrees to install identification tape or identification wire on the Encroachment that will
allow the City to readily determine the underground location of any Encroachment.
11. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at
any time.
12. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace
or repair any damage to the Right of Way and any improvements located therein caused by
the installation, construction, maintenance and /or operation of the Encroachment.
13. 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.
14. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, (i) from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury, death or
property damage occurring during the initial installation and during any subsequent use,
maintenance or repair of the Encroachment and (ii) for any failure of proper disclosure
pursuant to Paragraph 18 hereof.
15. 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.
16. 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.
17. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
3
18. 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 Real Estate on and after the
effective date of this Agreement.
"OWNER"
John R. Brown
Si nature
Date:
Deborah F. Brown
Signature
Date: // /o 3 // `f
Sandra M Johnson
Deputy Clerk For
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
ATTE
ines : rainard, Presiding Offic r
Dat
rvtary
Date:
Iemt, _/y
Lori M'eYnber
Date: v Watson, / i 4- / , 7 I
X14'/
ana Cordray
Date: /9'
4
, Clerk- Treasurer
STATE OF INDIANA )
) SS:
COUNTY OF 111Ilo0 )
KENIA L. ROSAS
Notary Puo::s. State of Indiana
Fulton County
Nly Commission Expires
July 25, 2015
Before me, a Notary Public in and for said County and State, personally appeared John R. and
Deborah F. Brown, 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 thisadday of NQ ye want( , 20S.
My Commission Expires:
July 25, 26IS
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
T t nAkk i
NOTA,RY. PUBLIC
nen/a 1•
Printed Name
s
My County of Residence: i/4 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
Sndra iohnsont t e utj
Members of the City of Cannel Board of Public Works and Safety, andcBM-A-N-h1r- eORDRIVY, CI rk-
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 / day of Dent() , 2011.
NOTARY PUBLIC )
My Commission Expires: _ 4/✓ 1 4
/g//9//,7 Printed Name
My County of Residence:
v/5
2;(4-62/Z7-.
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. Douglas C. Haney Esquire
5
(n.�%tx5 C :.l
Cant.€ I C n"114241 )
EXHIBIT A
LOT 11 IN CAREY'S ADDITION TO CARMEL RECORDED IN THE OFFICE OF THE HAMILTON
COUNTY RECORDER ON FEBRUARY 12, 1909 IN DEED RECORD 97, PAGE 18
6
EXHIBIT B
ND STREET
E (SUG
0' R/W
R STREET)
5 /a' IR
STAMPE
ET (
OT 12
.STf/ 20 3056251
OD W/ ORANGE CAP
-JD HALL LANO SURVEYING'
CAL)
89'53'36' E 145
Now water line and
lap in alley
uu )
Construction
entrance and new
driveway
ID 7 51' PROPOSED
n DWELLING
FFE = 839.53
—2.00' SA
p 0b
PORCH
1.18'
v N
New sanitary sewer
line, if lateral is in
good condition, if
not then road
closure will be
required
89' `J 41 W 145.00
1-2'
Sump pump
discharge to SSD
alt location
Sump line to
existing storm inlet
STAMPED 'S k A
LL CAP
RM' OURS
SITE PLAN
LOT 11 CAREY'S ADDITION TO CARMEL
GRAPHIC SCALE
0 10 20
SCALE : 1' = 20'
LEGEND
40
RJ.:S:NL 10500017
SURFACE FLOW DIRECTION
s
FOR OLD TOWN DEVELOPMENT GROUP
av: JD HALL LAND SURVEYING
1631 S. J STREET
ELWOOD, INDIANA 46036
P h: 317496.3594
Pm: 317473 -7161
JOB NO: 14- 053(SP 11
10 /06/2014
DATE:
\ \\
\1111111111111 / /III / "'
'PYaE 9
15D Fqf '�!¢
e o'.
No.
(LS20500017
51586
l-q�1� Po&��°
SHEET 1 OF 1' 0 imiii110„" \
)J 1tJe U o 0 0 u L iti
0 ®0 0p0 a ®1111,
CITY 0 AI MEL
December 9, 2014 JA`mD, BR IN_ RD. MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH —131 15T A VENUE NE — SUMP PUMP CONNECTION
Dear Board Members:
A Consent to Encroach document, signed by Mr. & Mrs. John R. & Deborah F. Brown, is submitted to the
Board for signatures. Board approval of a variance for the encroachment is granted by the Board of
Public Works during the December 17, 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\ 131FIRSTAVENUENEENCROACHMENTD000MENT .DOC
Dm,vm:mlExr OF ExcixEEauc
OM'. CIVIC SOcaia:, CARMEL, IN 46032 OmicE 3175712441. FAS 317.771.2439
IIMA{i. enginecringn :ce nnel.In.goc