1929 W. Main Street - 9201 GroupCONSENT TO ENCROACH
2015043966 ENCR $28.00
08/20/2015 10:09:44AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
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THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between 9201 Group, LLC, 9201
North Meridian Street, Indianapolis, Marion County, Indiana 46260, (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 347 ("Lot") in Village of WestClay, Section 10006 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 2, Slide 304, Instrument Number 199909949853
in the Office of the Hamilton County Recorder on August 23, 1999, as Village of WestClay, Section 10006 (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 F.xhibit B• and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer
Easement, identified as "5' D.U. & S.E." and "15' D.U. & S.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 Ave t 15 i 2otS
a- r
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 tines 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 tents 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"
JOHN STEWART, Authoriz Signer
I' Group, LLC
/ 7
Signature
Dat
7- ?Y- (5
STATE OF INDIANA )
) SS:
COUNTY OF Rah/HI-10N )
Before me, a Notary Public in and for said County and State, personally appeared JOHN STEWART, an authorized signer for
9201 Group, LLC, 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 c2ppp
4av of "TV kJ .20 1;
M Connnission Exp r
iprigagrab tib
TAM A MARCUS
Mary Punas • Seal
State of Indiana
Marion County
My Commission Expires Apr 29, 2023
NOTARY PUBLIC
TOWj Ma.rr,vs
Printed Name
My County of Residence: m o -r 1 ON
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
James Brat
Date: A
ningre
ard, Presiding Officer
Mary Ann Bur
Date:
e, Merrtr
Lori Watson, Mem
Date:
ATTEST:
Diana Cordray, IAM ,r -Treasurer
9 1L5 -
Date:
STATE OF INDIANA
COUNTY OF HAMILTON
) SS:
Sandra M Johnson
Deputy Clerk For
Before nie, 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
Sa,t6am-John son i epak
Safety, and,DIAN-A L. CORBRA44. 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.
Witness my hand and Notarial Seal this jj day of ALA_
205
Covine„Qaue.-<____
NOTARY PUBLIC
My Commission Expires: c and. f c u s
171//n % Printed Name
My County of Residence: Yll.l ( ft) rl
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, Onc 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 347 IN VILLAGE OF WESTCLAY, SECTION 10006 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON AUGUST 23, 1999 IN PLAT CABINET 2, SLIDE 304, AS INSTRUMENT NUMBER 199909949853
EXHIBIT B
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August 4, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JANIES BRAINARD, MAYOR
RE: CONSENT TO ENCROACH -1929 WEST MAIN STREET- FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. John Stewart on behalf of property owner, 9201 Group,
LLC, is submitted to the Board for signatures. Board approval for 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
S:\BPW 15\1929 W MAI NSTE N CROACH M ENT. D OC
DEPARTMENT OF ENGINEERING
ONI? CIVIC SQUARE, CARMEL, IN 46032 OFricE 317.5712441 FAX 317.571 2439
EMAIL e ngi nrcri ng6 is rmel.in. hoc
August 4, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
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CITY 0 ' ARMEL
,JAMES I3RAINARD, MAYOR
RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) —1929 WEST MAIN STREET, CARMEL INDIANA
46032
Dear Board Members:
Mr. John Stewart, on behalf of 9201 Group, LLC, owner of the property with a common address of 1929
West Main Street, (Lot 347, The Village of West Clay, Section 10006) has 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.
4. Existing grade and elevations must not be altered or modified within the drainage easement.
5. Fence shall be placed at least 5 feet from the sanitary sewer manhole to allow access to this
structure for Clay Township Regional Waste District.
6. Petitioner must obtain approval from Clay Township Regional Waste District for placement of
the fence near the sanitary sewer.
7. Fence post placement must consider any underground utilities to prevent damage to this
infrastructure.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
5:\BP W 15\1929 W MAINSTREQUESTFORVAR1ANCEFENCE.DOC
Di:I \Ru IENT OI' ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAN 317.571.2439
ENTAIL engincering@cannc1.in.g:)v
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CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between 9201 Group, LLC, 9201
North Meridian Street, Indianapolis, Marion County, Indiana 46260, (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 347 ("Lot") in Village of WestClay, Section 10006 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 2, Slide 304, Instrument Number 199909949853
in the Office of the Hamilton County Recorder on August 23, 1999, as Village of WestClay, Section 10006 (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, Utility, and Sewer
Easement, identified as "5' D.U. & S.E." and "15' D.U. & S.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