598 Smokey Road - Zalewski, Justin/Susan2015043967 ENCR $28.00
08/20/2015 10:09:52AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
I IIIA ! I IIA 1 l ili 111111111111111111111111111111 IIMI 111111111111111111
CONSENT TO ENCROACH
THIS. CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Tustin M Zalcwski and
Suzan Zalewski, 598 Smokey Row Court, 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 125 ("Lot") in Cool Creek North, Section 5 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 Book 5, Page 95-96, Instrument Number 11893 in the
Office of the Hamilton County Recorder on February 5, 1975, as Cool Creek North, Section 5 (the "Plat"); and
WHEREAS, the current Owner has installed 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 Utility and Drainage Easement,
identified as"12' Utility & Drainage Easement" 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
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORK AND SAFETY
BY:
7 1
Jamesrainard, Presiding Officer
Date:
Mary Ann B
Date:
‘Lt >tezt
Lori Watson, Member
Date:
ATTEST:
Tana Cordray, IAM CI
Date: !' 19
STATE OF INDIANA
COUNTY OF HAMILTON
) SS:
Sandra M Johnson
Deputy Clerk For
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 Members of the City of Carmel Board of Public Works and
S4ndra,JohnSon DtPU3V
Safety, and DIAN'F-I—GORDRrtY, 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 t 1 day of USt 20 15-.
e_ t�ei .
My Commission Exppiiires:
N£1 ARAnnY LIGN
Y 1S
Printed Name
My County of Residence: MA to n
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 125 IN COOL CREEK NORTH SUBDIVISION, SECTION 5 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON FEBRUARY 5, 1975 IN PLAT BOOK 5, PAGE 95-96, AS INSTRUMENT NUMBER 11893
EXHIBIT B
SURVEYOR LOCATION REPORT
/hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date
indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC 1-1-12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
O
N
O
H
s
G
Smokey Row Road
(22' Pavement)
(40' 1/2 R/W per Plot)
150.000'
Note: Fence locations shown- ore, approximate.
An accurate boundary survey is are,
to
determine exact locations.
Note: Due to the lack of qualified
monumentation found, the occuracy
of this report i6 limited to 5t.
30' Building Line- \
ts
Lot 125
iv —3
34
26.1'
15' Rodius—'- \
T
4
T
41'±
concrete
drive
rrVi
J�U1
Scale:. 1"=30'
x --- x—J X --,
150.000'
ndU(o=_'c fro, 2-/
HAHN SURVEYING
GROUP, INC.
Surveyors &Engineers
2850 E. 96th St., Indianapolis, 134 46240
PHONE: (317) 846-0840 or (317) 846-4119
FAX: (317) 846-4298 or (317) 582-0662
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CERTIFIED: 03/20/2013
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Chad D. Hahn •
Registered Land Surveyor,
Indiana #20300031
Job No.: 2013031314
Sheet 2of2
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CITY 0 ARMEL
August 4, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) — 598 SMOKEY ROW COURT, CARMEL INDIANA
46033
Dear Board Members:
Mr. and Mrs. Justin M. Zalewski and Suzan Zalewski, owners of the property with a common address of
598 Smokey Row Court, (Lot 125, Cool Creek North, Section 5) have requested a variance from Section
6-227(a)(4) of the City of Carmel Code for the installation of a fence in a portion of the lot designated as
an easement.
It is not expected that the installation of the fence at the proposed location will result in a Detriment (as
defined in City Code) to the subject property or the adjacent properties (provided the petitioner adheres
to the conditions recommended below). The Department recommends that the Board approve the
variance conditioned upon the following (as discussed with the petitioners):
1. Petitioner enters into a Consent -to -Encroach Agreement with the City and records the
Agreement.
2. Petitioner (and successors and assigns) agrees to remedy any drainage issues resulting from the
installation of the fence that, in the opinion of the City, represent a Detriment as defined in City
Code.
3. Petitioner must obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
5:\BP W 15\598SMOKEYRO W CTREQUESTFORVARIANCEFENCE.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317 571.2441 F x 3175712439
E�IAII engineering@earmel.in.gov
JUtju 000 U+-+JUI'
000 0®0 000:
CITY 0 ' ARMEL
August 4, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
.IAMTS BRAINARD, MAYOR
RE: CONSENT TO ENCROACH — 598 SMOKEY ROW COURT — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document, signed by Mr. & Mrs. Justin M. Zalewski, 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 August 19, 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,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
5:\BPW 15\598SM OKEYROWCTENCROACHM ENTDOCUM ENT. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571 2441 FAX 317.5712439
EMAIL c ggincering Th ea rmel.in. guv
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Justin M Zalewski and
Suzan Zalewski, 598 Smokey Row Court, Carmel, Hamilton County, Indiana 46033, (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 Lot 125 ("Lot") in Cool Creek North, Section 5 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 Nat Book 5, Page 95-96, Instrument Number 11893 in the
Office of the Hamilton County Recorder on February 5, 1975, as Cool Creek North, Section 5 (the "Plat"); and
WHEREAS, the current Owner has installed 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 Utility and Drainage Easement,
identified as "12' Utility & Drainage Easement" 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 "Encroaclnnent") 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
Avfirss t 1912015
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:
I. 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 teens 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"
JUS77N M. ZALEWSKI
SUZAN ZALEWSKI
•.uI S
Sigr�s ur- 17a
Date: 1I
STATE OF INDIANA
) SS:
COUNTY OF FI an-:. F orl )
Kathryn 0 Lustig
Notary Public Seal State of Indiana
Hamilton County
My Commission Expires 08/21/2016
Before me, a Notary Public in and for said County and State, personally appeared JUSTIN M. ZALEWSKI & SUZAN
ZALEW.SKJ, 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 So`°day of Z1-11 2015 .
4& rM 0
NOTARY PUBLIC
My Commission Expires:
08 2_i 12011, Printed Name
KC thryn 0. Lu sii cj
My County of Residence: Nam
1 Iv em
EXHIBIT B
SURVEYOR LOCATION REPORT
/I hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date
indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC 1-1-12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
H
G
Srnokey Row Road
(22' pavement)
(40' 1/2 RP/ per Plot)
150.000'
30' Building Line
r —
Lot 125
ad) ' !'s 1+'c5
Note: Fence locations shown ore approximate.
An accurate boundary survey is required lo
determine exact locations.
Note: Due to the lock of qualified
rnonurnentation found, the accuracy
of this report is limited to 5'±.
15' Rodius
Art -
34.1
76.1
concrete
drive
4
150.000'
HAHN SURVEYING
GROUP, INC.
Surveyors & Engineers
2850 E. 96th St., Indianapolis, IN 46240
PIIONE: (3 (7) 846.0840 or (31 7) 846-4119
FAX: (317) 846-4295 or (317) .582-0662
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No. •
20300031
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Scale: 1"=30'
CERTIFIED: 03/202013
Chad D. Hahn
Registered Land Surveyor,
Indiana #20300031
Job No.: 2013031314
Sheet 2 of 2