13925 Wilmuth Drive-Smith, Colin/StefanieCONSENT TO ENCROACH
2015001315 ENCR $23.00
01/09/2015 02:24:04PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111 III I I II11111111111IIIII IIIII11111IIIII 11111111111111111111111
oce
THIS CONSENT TO ENCROACH (hereinafter•the "Agreement ") is entered into by and between
Stefanie and Colin Smith, 13925 Wihnuth Drive; Westfield, 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 155 (Lot ") in Longridge Estates Section 3A 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 4, Slide Number 409
as Instrument #2008000445 in the Office of the Hamilton County Recorder on January 3, 2008, as
Longridge Estates Section 3A (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 "20' D.U. &S.E. ", Landscape, Maintenance Access
Easement identified as "20' L.M.A.E." and a Variable Width .Drainage Easement identified as "VAR.
D.E." (said easement also a Pipeline Easement as Instrument #2002 - 75101) 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
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between
Stefanie and Colin Smith, 13925 Wilmuth Drive, Westfield, 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 155 (Lot ") in Longridge Estates Section 3A 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 4, Slide Number 409
as Instrument #2008000445 in the Office of the Hamilton County Recorder on January 3, 2008, as
Longridge Estates Section 3A (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 "20' D.U. &S.E. ", Landscape, Maintenance Access
Easement identified as "20' L.M.A.E." and a Variable Width Drainage Easement identified as "VAR.
D.E." (said easement also a Pipeline Easement as Instrument #2002 - 75101) 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 May 7, 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:
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 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 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.
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"
Stefanie Smith
Date:
re
/L /3) o/y
"OWNER"
Colin Smith
Si
Date:
ure
19 /3 /a6 Lt
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
..r
Jam s Brainard, Presiding Officer
/'7 -/S
Date:
Mary An
Date:
Burke Member
Lori WAts Member i
Date: 15
ATTEST:
Sandra M Johnson eatr m
Deputy Clerk For Diana Cordray, IAMC, CV - Treasurer
Date:
STATE OF INDIANA )
) SS:
COUNTY OF IA• Ixe )
Before me, a Notary Public in and for said County and State, personally appeared Stefanie Smith
and Colin Smith, 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 0 3 day of \); c -
My Commission Expires:
0\,S. oS,a0)\
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
, 20�.
Printed Name
My County of
HARRISON NGUYEN
Notary Public- Seal
State of Indiana
My Commission Expires Aug 5, 2021
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
mdac ∎Scto n ,
Members of the City of Carmel Board of Public Works and Safety, and DID, rtci --IrQO DRAA -Y. 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.
Witness my hand and Notarial Seal this day oft�tLO��dt ` 11
e•
NOTARY PUBLI
My Commission Expires:
//2//% Printed Name
My County of Residence: heamix-7-O4/
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.
EXHIBIT A
LOT 155 IN THE LONGRIDGE ESTATES SECTION 3A
SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON JANUARY 3, 2008 IN PLAT CABINET 4, SLIDE NUMBER 409
AS INSTRUMENT #200800045
EXHIBIT 8
Gar. FFE = 903.9
1st Flr FFE = 905.7
TOW = 904.7
Bsmt FFE = 895.9
Drive Slope = 4.7%
2V15M® 111 = 530'
Note:
Minimum Front yard - Variable
Minimum Between Residences - 6'
Minimum Rear Yard - 20'
w
z
w
a
SAN MH 834
TC= 902.00
ARLINGTON - ELEV 7
LEFT HAND - Brick 3 Sides
FULL BSMT - 9' Walls
3 CAR - Side Entry
Sunroom, 16'X16' Deck
LOT # 155
±16,716 SF
PAD 903.4 PER PLAN
152.18
Eiec
BASE HOUSE STANDARD FEATURES"
8' FULL BASEMENT
3 CAR SIDE ENTRY GARAGE
BRICK WRAP (TYP. ON ELEV. 1 -6)
5'x7' DECK
"SELECTED FEATURES"
9' FULL BASEMENT
BRICK 3 SIDES
SUNROOM
16'X16' DECK
(2) 4'X4' WINDOW WELLS
Note:
Contractor should verify sump
pit location with Field Manager.
LISTON DRIVE
50' RAN (30'9549C)
7,
Sewer
o r
02.91
SAN MH 807 cQ
TCl903.29
* Conc Flatwork Sq. Ft = ±1625
Public Walk Sq Ft = ±570
Sod Sq Yds = ±393
Seeding Sq Ft =±9174
* (Drive, Apron, 3' Walk, Patio, Stoops)
(PORCH NOT INCLUDED)
Flood Hazard Note:
Water
15 \75'
5'
C.A. 410
VAR. RD.U.&S.S.E. / ;FP
SLM.A.E. ry4'4 vc
E
�\ 4111 Da vti
4-. -t p?';ypd�v�E
.‘(r * 1,QPiq- �0
Qt'yct yv0 00
o0t SQQ
b
vr��o o? P� P�6
,.to* PpP�
o,:t..910 S0+
scPcit GPAe
Pr' 0�0 ;a0
PS ��O Ce � ry0
4 ��20 .
P s'5
Lot Number 155 lies within Flood Hazard Zone "X" per the
scaled location on the Flood Insurance Rate Maps for
Hamilton County, Indiana (Community Panel p18057CO205F,
dated February 19, 2003).
Note:
This drawing is based upon construction plans and /or record
drawings prepared by others and is not based upon a field survey.
COOR Consulting & Land Services, Corp does not warrant the
correctness or integrity of this information. The contractor /owner
should verify existing conditions prior to construction. Any varying
field conditions or any discrepancy with the information contained
hereon should be immediately reported to COOR Consulting & Land
Services, Corp.; failure to do so would result In the contractor/owners
assumption of liability.
Note:
Gas at .1n!
`i)
IXx.XI = Proposed Grade
— – Drainage Flow
Contractor should verify site specific information depicted
hereon with the approved construction and erosion control
plans for this developmenL Also, Contractor should reference
Architectural plans for foundation orientation and dimensions.
Note:
The proposed construction grades, contours, and proposed structure
elevations as depicted hereon are based upon information provided
upon the approved construction documents prepared for this
development. Unless otherwise stated hereon, no information
pertaining to but not limited to, fluctuating water tables elevations;
soil types, and conditions within the building areas of this
development have been provided and \or referenced on said
documents. With the excavation of the proposed structure
foundations, certain care and observations should be made In regard
to such conditions as soil types and fluctuating water tables. During
the excavation process should any unsuitable soils or ground water
be witnessed, the builder shall be immediately notified for further
v whirwpinn pnri rnncuep:inn tit :hp hnitdpre dicrpir_. ar,'riitimat
JUL)U o O o UUIJIE
m00 =0:
giogm
CITY 0 ARMEL
December 19, 2014 JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH —13925 WILMUTH DRIVE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document, signed by Mr. & Mrs. Colin and Stefanie Smith, 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 7, 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 15 \13925 WI LMUTH DRIVEENCROACHMENTDOCU M ENT.DOC
DEPART :\ INN r or ExcINEFRIcc
ONr Cn is SQUARL, CAR:MEL, IN 46032 Omer: 31 7.571 .2441 FAX 317.571.2=139
enginecrinxucarmel . in.goc