14057 Knightstown Drive - Petruch, Jonathan/Elizabeth2015036614 ENCR $28.00
07/17/2015 09:10:08AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Jonathan R. Petruch and
Elizabeth A. Petruch, 14057 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 37 ("Lot") in Meadows at the Legacy, Section 2 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 5, Slide 202, Instrument Number 2014014218 in
the Office of the Hamilton County Recorder on April 21,2014, as Meadows at the Legacy, Section 2 (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 Cannel
City Code Section 6-227(4) on Si) t y 15i Lo\ S ; 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 13 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. to 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 Encroaclunent.
"OWNER"
JONATJ5IAV R. PETRUCH
lure 000C
Si
Date:
ELIZABETH A. PE ' UCH
Signature
Date: Q I Zb
STATE OF INDIANA
��(( )SS:
COUNTY OF yN kl )
Before me, a Notary Public in and for said County and State, personally appeared JONATHAN R. PETRUCH and
ELIZABETH A. PETRUCH, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as
his or her voluntary act and deed. ���p
Witness my hand and Notarial Seal this �
day of dire— , 20_.
My Commission Expires:
I' 11
NOTARYPUaLICo�
Printed Name
My County of Residence: I 11-071
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY ,
BY:
Ja'Cnes Brainard, Presiding Officer
ATTEST:
to Cordray, IAMC, CI-rk-Treasurer
Date: ' /5
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Before me, a Notaiy 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 Members of the City of Carmel Board of Public Works and
Safety, and DIANA L. CORDRAY, 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 of
My Commission Expires:
NOTARY PUBLIC
An() i kt J 5
7/26/s- Printed Name
My County of Residence
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 37 IN THE MEADOWS AT THE LEGACY SUBDIVISION SECTION 2 RECORDED IN THE OFFICE OF THE
HAMILTON COUNTY RECORDER ON APRIL 21, 2014 IN PLAT CABINET #5, SLIDE 202, AS INSTRUMENT #2014014218
EXHIBIT B
> STOEPPELWERTH
ALWAYS ON
7965 Eosi 106th Street, Fishers, IN 460381505
phone: 317.849.5935 IED: 317,8493941
ZONE X (SHADED)
PER MM MAP /1e057O0235F
DATED FEB. 19, 2003
5
S 17.42' 8
0 10.00
MODEL' 2530 ITAUANATE A1,
REELEV.759.30
PAR. BSMT.- 750,40
51.4i
7 3`
t Fence
500 UNE
8'
500 UTE
T.C.H 755.49
AS BUILT
T.C.• 755.90
AS BUILT
(TO BE LOWERED
to 75o.00. REMOVE
EA. 47 ADJUSTING RING)
SOD:
SEEDING: 7,392± Sq.
SEED IN EASEMENT.
CONC. DRIVEWAY:
PRIVATE WALK:
PUBLJC WALK:
ADDITIONAL SCO:
TO REM EASEMENT
JOB ID MLEG2.37
CONTROL# 71253 RYL
14057 KNIGHTSTOWN EAST DRIVE
CARMEL, IN 46033
1" = 304
LOT AREAr11,484 Sq. Ft.
M.LA.G.-754.0
M.F.P.C.-754.0
M.F.F..756.9
LEGEND:
!TOFF.' PR0P0 0 GRADE PER PLAN
110(1451 A5 CURT GRADE
SSD.
SUBSURFACE DRNN
5 NOTARY SEWER
5104494 SEWER
MAIM MAIN
W- 3/4' WATER CONNECTION
5WALE
SANITARY MANHOLE
CO) 51 4M MANHOLE
CURB NLET
095 HYDRANT
D.U.&SS.E. DRAINAGE URUIY h SANITARY
SEWER EA'YMENT
DE.
M.F.P.G
4.1,4,0
DRAINAGE EASEMENT
MNIMUM FINISHED PAD GRADE
MINIMUM LOWEST ADJACENT GRADE
MINIMUM FINISHED FLOOR
ALL UNDERGROUND SEWERS AND UDUDES.
SHORN ARE PLOTTED BY SCALE FR011
'RECORD CRAVANG5' FURNISHED BY ENGINEER.
BENCHMARK
e TOP OF CASTING = -756.00
''.TOEPP ",,
S1 No.
'_ 80040474E
STATEOF
LOT 37
MEADOWS AT LEGACY
SECTION TWO / o.0
134± Sq. Yd.
Ft.
INST. #2014014218
1088± Sq. Ft. P.C. its, Slide #202
891+ Sq. Ft. C.O.C. #2014018979
30± Sq. Ft. ZONING: PUD
130± Sq. FL
701* Sq. Yd. 3' MINIMUM SIDE YARD
61 MINIMUM. BETWEEN STRUCTURE
20 MINIMUM`REAR"YARD..
SIGNATURE:
Ir
DATE
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