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14471 New Garden Lane-Miller, TonyaJanuary 12, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 IIJI W o o n .fiOul, 00 ©F U CITY OFCARMEL e JAMES BRrvINARD, MAYOR 2015002873 ENCR $23.00 01/22/2015 02:24:58PM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented I IIIII I 1 fihl 1111111111111111111111111111111111111011 IJO I IM 111 RE: CONSENT TO ENCROACH —14471 NEW GARDEN LANE — FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by property owner Ms. Tonya Miller, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the January 21, 2015 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, Gary D9 can, Assistarit City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT— 14471 NEW GARDEN LANE S: \BPW 15 \14471N E W GARD EN LAN E ENCROACH M E NTDOCU M ENT. DOC ONE Civic SQUAW DEPARTMENT or ENGINEERING CARMNI., IN 46032 OEricE 317 .571.2441 FAX 317.571.2439 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement') is entered into by and between Tonya Miller, 14471 New Garden 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 21 (`Lot ") in The Ridge 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 #39, Instrument #2013002737 in the Office of the Hamilton County Recorder on January 11, 2013, as The Ridge 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 Easement, identified as "15' 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 Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel City Code Section 6- 227(4) on :3-anuk3r i V t ()is ; 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 13: 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 13. 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" Tonya Miller Signature Date: Kathryn 0 Lustig Notary Public Seal State of Indiana Hamilton County My Commission Expires 08121/2016 STATE OF INDIANA ) ) SS: COUNTY OF l-i annl (+v r) ) Before me, a Notary Public in and for said County and State, personally appeared Tonya Miller, 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 G t day of J a o n ,,_l 1 ,220 r ' NOTARY PUBLIe My Commission Expires: 4,12t 2-otl. Kc.-k tr j-m 0 . Lu s ti 3 Printed Name My County of Residence: H o"i1 t #C`v "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: James Brainard, P esiding Officer Lori Watson, Mtjthber , Date: C/ 1a , /r 5 ATTEST: 44 r � Deputy Clerk For •Diana Cordray, IAMC�, C k- Treasurer Date: r /5 Sandra M Johnson STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me. a Notary Public in and for said County and State, personally appeared Jam, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Cannel Board of Public Works and czn &o- meJchnson, D ¥ Safety, and- D4-kNA L. COFDR*Y, 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. q 15r J Witness my hand and Notarial Seal this L day of a-� My Commission Expires: NOTARY PUBLIC (7 ,4A✓A/c,e)vAs Printed Name My County of Residence: 77/4-/72 /ic.TO.I/ 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 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Douglas C. Haney, Esquire EXHIBIT A LOT 21 IN THE RIDGE AT THE LEGACY SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 11, 2013 IN P.C. #5, SLIDE #39 AS INSTRUMENT #2013002737 EXHIBIT B ± STOEPPELWERTH WP #5 H.P, 772.50 100 YEAR ELEV. 775.54 ALWAYS ON 7965 East 1061h Street, fishers, IN 46038 -2505 phone: 317.8495935 for: 317.8495942 LC.A. #4 VAR. STORMWATER LIMP 8.3 JOB ID RLEG.21 CONTROL# 68813 RYAN LOT 21 14471 NEW GARDEN LANE THE RIDGE AT CARMEL, IN 46033 THE LEGACY SECTION ONE INSTR. #2013002737 P.C. #5, SLIDE #39 '179.3 500 UNE LOT 22 VACANT LOT 79.01 r =40, LOT AREA: 18,620 Sq. Ft. 1 M.F.P.G. /LA.G. =777.60 LEGEND 1 AX %1 PROPOSED GRADE PER PUN I✓L%A81 AS BUILT GRADE S.S.D. — SUB- SURFACE DRAIN SANITARY SEWER STORM SEWER W wATER MAIN �W— 3/4" WATER CONNECTION SWALE LOT 20 VACANT LOT >87.81 119'± EDESTALS T.C.• 789.97 AS BUILT EMERGENCY ELODI ROUTE P TYP. EMEASNCY OVERFLOW MITI t-4tir EMERGENCY FLOOD ROUTE AREA • • yIS D.E. D. B.L LOA. SANITARY MANHOLE STORM MANHOLE CURB INLET FIRE HYDRANT ENO SECTION DRAINAGE. !HUM' & SEWER EASEMENT DRAINAGE EASEMENT DRAINAGE & UTILITY EASEMENT BUILDING UNE LANDSCAPE MAINTENANCE ACCESS EASEMENT MMIIED COMMON AREA MFPG/LAG MINIMUM ROOD PROTECTION GRADE / LOWEST BuP ADJACENT GRADE BEST MANAGEMENT PRACTICES VAR. VARIABLE ALL UNDERGROUND SEWERS IMO UTILITIES SHOWN ARE PLOTTED BY SCALE FROM "RECORD DRAWINGS" FURNISHED BY ENCNEER. E. P O . No. 80040348,' STATE OF P ... , SURVEyo• AS 3UILT BENCHMARK TOP OF CASTING = 789.97 RYAN HOMES 3685 PRIORITY WAY SOUTH DRIVE INDIANAPOLIS IN 48240, SUITE 110 SOO: SEEDING: CONC. DRIVEWAY: PRIVATE WALK: PUBUC WALK: APRON: 763± Sq. Yd. 7,319 ± Sq. Ft. 1,4873 Sq. Ft. 208± Sq. Ft. 507± Sq. FL 135± Sq. Ft. NOTE PM gUVµC IS NOT INTENDED TO % REPRESENTED AS A R£TRAcEMEN1 OR ERdOVAL BOUNDARY 51Rw ?. A RouTE SUR •ES" OR A SURVEY fl .004110w REPORT. ZOO* FLID 5' J4 FCC TAN, ur 4 e r . TAKRM 11 201 ERNS" IFM YARD w/0�4 1,M&D �€ 4114 REV IOC KBE 04/11/14 .UA 3RD REV FtP HOUSE JSD 03/0P4E/1V4 .05 001 1ST LEY MOVED HOUSE / 0 M/14 .0* Indiana at Jw Lr u a 0 0 UI JWk 0000 CITY OF CARMEL 0 B 0 January 12, 2015 JAMES 13RAINA ltD. MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —14471 NEW GARDEN LANE — FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by property owner Ms. Tonya Miller, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the January 21, 2015 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, Gary D fican, Assistar1t City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT— 14471 NEW GARDEN LANE S: \BPW 15 \14471NEWGARDENLANEEN CROACH MENTDOCU MENT. DOC DER\IMIENT or I {sei��srenc Osr CIVIC SQLAer:. CARME.L, IN 46032 OrrlcE 317.571.2441 FAX 317.571.2439 F■LVI, unglnceringfl carnml.in.aov