14035 Knightstown Drive-Feldman, Joshua/McKinney, Allison2015002869 ENCR $23.00
01/22/2015 02:24:58PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
III1I I 1 1111 I I III II1II II I II1II VIII VIII VIII VIII IliI1 III1I I! I IIII
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Joshua Andrew Feldman &
Allison Halfpop McKinney, 14035 Knightstown Drive East, Cannel, 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 43 ( "Lot ") in The Meadows At The Legacy Section Two 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 202 as Instrument #2014014218 in the Office
of the Hamilton County Recorder on April 21, 2014, as The Meadows At The Legacy Section Two (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
"30'D.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 Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel
City Code Section 6- 227(4) on "Sa.∎v,ay..t L1 , tO \S ; and
—CA r/- A/9 -
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
CONSENT TO ENCROACII
THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Joshua Andrew Feldman &
Allison Halfpop McKinney, 14035 Knightstown Drive East, 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 43 ( "Lot ") in The Meadows At The Legacy Section Two which is located within
the corporate limits of the City of Camel, 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 202 as Instrument #2014014218 in the Office
of the Hamilton County Recorder on April 21, 2014, as The Meadows At The Legacy Section Two (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 13; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage Easement, identified as
30'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 'S 73^ aavni 1-1 ; and
�g F ant-
0 wner 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"
Joshua Andrew Feldman
/Signature
Date: /o2 30 -/
Allison Halfpop McKinney
Signature i °��i/
Date:
STATE OF INDIANA )
) SS:
COUNTY OF ham; )
Before me, a Notary Public in and for said County and State, personally appeared Joshua Andrew Feldman and Allison
Halfpop McKinney, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or
her voluntary act and deed. -7.(�� .p "��
Witness my hand and Notarial Seal thisL.—Li day of e i , 20 4
My Commission Expires:
x'-51
NOTARY PUBLIC
Lao_ 3(ot
Printed Name
My County of Residence: 1i; I ;06
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGFI ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY
James Brainard, Pres ding Officer
D. te:
ary Ann
Date:
Lori Watson, Men
Date: t
ATTEST:
Sandra M Johnson
Deputy Clerk For
Diana Cordray, IAMC, CL rk- Treasurer
Date:
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 Carmel Board of Public Works and
Sanda._JtMnsen, Jelk Fy
Safety, and .91,A OP.DR,4 -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.
SI
Witness my hand and Notarial Seal this �'� day of �J 0B
My Commission Expires:
2015.
&,J
.
NOTARY PUBLIC
4/v/i/cD4vis
Printed Name
My County of Residence: #4M/A., ON
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
EXHIBIT A
LOT 43 IN THE MEADOWS AT THE LEGACY SECTION TWO SUBDIVISION RECORDED IN THE OFFICE OF THE
RECORDER ON APRIL 212, 2014 IN P.C. #5, SLIDE 202 AS INSTRUMENT #2014014218.
•
r ^-
Schneider
EXHIBIT B
The Schneider Corporatio,
Historic Fort Harrison 8901 Otis Avenue Indianapolis, IN 46216-1037 Phone: 317.826.7100 Fax: 317.826.7200
Finished Floor Elevation (FFE) Information
Pad Grade = 755.0 per plan
Pad Grade + 1.0' = Garage FFE (756.0)
Garage FFE + 1.9' = Residence FFE (757.9)
Residence FFE - 8.9' = Basement FFE (749.0)
M.F.F. = 756.6
M.F.P.G. = 755.4
M.L.A.G. = 755.4
Ground Cover Area Calculations
Drive = 787 SF +/-
Public Walk = 250 SF +1- Private Walk= 26 5F +/-
Hydroseeding = 6,119 SF +/-
Sod = 170 SY +/- (from frontalresidence)
Optional sod package
Hydreseeding = 3,150 SF+/-
Additional Sod Package = 330 SY+ /- to rear easement
Parcel # (not available at this time)
Sidewalk to be placed
an the property line,
5' from back of curb,
per pion.
z
4:7 SLOPE o
SLIDIPE
LOT # 43
LOT iP 44
NO RESIDENCE
TYPICAL SWALE SECTION
FENC E,
NOTE: IN THE RESIDENTIAL DISTRICTS WAITING
HOGHT TO TRFNTY -FIVE (25) FEET, A DKEWNG
MAY BE INCREASED IN HOGHT TO THIRTY -F1VE (35)
FEET PROVIDED THE SIDE AND REAR YARDS ARE
INCREASED M ADOIRONAL FOOT FOR EACH FOOT
SUCH STRUCTURE EXCEEDS TWENTY -RYE (25) FEET
L4
HOGHT. PER CARMEL ZONING ORDINANCE 26.1.1.
SIGNATURE :
DATL
SGNATURE REPRFSNTS CONFIRMAD0N OF RECEIPT OF PLOT PLAN BY CUSTOMER.
• Garage Finish Floor Elavation -Tho oano• fi nk Finn.
0
0
Assumed North
Scale : 1• = 30'
O
Plot Plan Legend
® Proposed Grades
000.0 Existing Grades
000.0-' Contour Grade
* Approx. Lateral Location
o -- Sanitary Sewer Lines
o r Storm Sewer Lines
— w — Water Service Lines
Sub- Surface Drain Lines
6 Manhole (Sanitary or Storm)
O Beehive Inlet (Storm)
® Curb Inlet (Storrs)
D End Section (Storm)
JBl Fire Hydrant
— ••. —••• —Flow Line of swale
— Budding Line (8L / ESL)
Easement Line
KNIGHTSTOWN DRIVE
C754.9 5 30.0'
ElEV =754.9 EAST 50' R/W B -B
ROLL CORB 1
PER PLAN
(APRON
36:2k4,
;%^DYE''
2s.0 ..4
51R./ 813
TC= 755.60
PER PLAN
LI
L
cob
iO
1
6
7Tho,
STR 812
TC =710
PER PLAN
• BASEMENT
PUMP 3000 A
• ICRAFTSMAN
FRMBMST
RESIDENCE
1 :1-b
OPRONAL SOO UNE
30' D.E.
30' D.U.&S.E.
PLAN
158UFFER- YARD�..r
[7-070a
8
rte,
43' 61:61-
=11147
680'-
H
,n
r
w
a
754.1
754.3
LOT $ 42
NO RESIDENCE
January 12, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JU (IU 8 0 o U (JUI%
0 ®0 0
m0
CITY -OF CAI MEL
•JA.\{IS BRAINARD, MAYOR
0
0
RE: CONSENT TO ENCROACH —14035 KNIGHTSTOWN DRIVE EAST— FENCE
Dear Board Members:
A Consent to Encroach document, signed by property owners, Joshua Andrew Feldman & Allison
Halfpop McKinney, 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 DuncaJn, P.E.
Assistant Clty Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
S: \BPW 15 \14035KN IG HTSTO W NDRI VEENCROACH MENTDOCU MENT.DOC
DEPARTNINNr or F.�ciseciln�c;
Our. CIVIC SQi-:via:. CuclFL, IN 46032 Or0cE 317.5712441 Pas 317.571.2439
I:,viAI. engineeringScvrmd.in.gov