5885 Lost Oaks - Damian HeineCONSENT TO ENCROACH
2015054960 ENCR $27.00
10/22/2015 08:34:40AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111 MIll11111110l1111111111111111111111
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Damian N. Heine, 5885
Lost Oaks Drive, 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 111 ("Lot") in Lost Oaks at Haverstick, Section 2B which is located within the
corporate limits of the City of Cannel, 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 332, Instrument Number 199909958104
in.the Office of the Hamilton County Recorder on October 5, 1999, as Lost Oaks at Haverstick, Section 2B (the "Plat"); and
WHEREAS, the current Owner has an existing deck 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 onrportions of the Lot designated as Drainage Easement, identified as
"30' 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
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 DcWWbef ZOIC; 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 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.interesl 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 detennined by the City to be resulting from the Encroachment.
"OWNER"
DAMIAN N. HEIN
Sign.ture
Date:
7/27/!
STATE OF INDIANA )
�1 ����in� jy.�,,`�,.� ) SS:
COUNTY OF ��j1-v .wi) )
Before me, a Notary Public in and for said County and State, personally appeared DAMIANN. HEINE, 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 ,A7 day of
My Commission Expires:
4-2,5•?D93
PAMELA K. LUX
County of Res: Hamilton
My Comm. Expires 4-25-2023
Comm. No, 665220
201.
v
V O ij5
NOTARY PUBLIC
lam,olQ I<i - Lct k
Printed Name
My County of Residence: Iamb U;tO 1
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WO A P SAFETY
BY:
a
res Brainard, Pre idin; O
be. CL / /
LW
M
Date:
urke
Lori Watson ember
Date: / c—�1 15 -
ATTEST: ATTEST:
Dit;na Cordray, IAMC, CI
Date: /D/7'/
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
QWATSON, byj�me known, and by the known to be the Members of the City of Cannel Board of Public Works and
Safety, and EtROf i., --L 6n terClerTreasurer 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 al day of Oe/bber' , 20 3
c
My Commission Expires:
/0/0240,t//<
NOTARY PUBLIC
C Ann 1TYpi5
Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032.
1 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 111 IN LOST OAKS AT HAVERSTICK, SECTION 2B RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON OCTOBER 5, 1999 IN PLAT CABINET 2, SLIDE 332, AS INSTRUMENT NUMBER 199909958104
SCALE: 1"=20'
Lot Numbered I 1 1 in
Lost Oaks at
Haverstick, Section
Two B, a Subdivision
in Carmel, Indiana, as
per plat thereof,
recorded October 5,
1999 as Instrument
Number 99-58104 in
Plat Cabinet 2, Slide
332 and amended by
Certificate of
Correction recorded
May 8, 2000 as
Instrument Number
2000-22241, in the
Office of the Recorder
of Hamilton County,
Indiana.
en/42i—
all sr�p e Ie
ae snet9/ O aeC
Lost Oaks Drive
50' R/W
i
6p.Qot...
10'x
202'
1
20' D.U.&S.S.E.
25' B.L.
, 12.9'
4.9'
co
BRICK d FRAME
RESIDENCE
27.7' 2'
iv en im
HOT
TUB
1
N
WOOD DECK
30' Drainage Easement
10'_
60.00'
O
Accura Contact:
P.O. Box 786
Greenfield, IN 46140
(317) 462-3734 Office.
(317) 462-4510 Fax
(888) 585-9642 Fax
accura@prodigy.net
Title Insurance Company:
Lender:
Owner:
Damian N. Heine
Seller:
Accura Reference Number:
01-15-5213
Client Reference Number:
1, the undersigned Registered Land Surveyor, hereby
certify to the panics named herein, that the real estate
described in this report was inspected under my direct
supervision on the date indicated and that, to the best of
my knowledge, information and belief this report
conforms with the requirements contained in Sections
27 through 29 IAC 1-12 for a Surveyor Location
Report.
This report is based on limited accuracy measurements
and is designed for use by a Title Insurance Company
with residential loan policies. No comer markers were
set and NO liability will be assumed for any use of this
report for construction of new improvements or fences.
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Certified
STATE OF
06/24/2015
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1-45885 Lost Oaks ipi75 Ca ne1;i1N ;.46033_,
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CITY
September 16, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
UL Wife
000"
ARMEL
JAMES BRAINARD, MAYOR
RE: CONSENT TO ENCROACH — 5885 LOST OAKS DRIVE — DECK IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by property owner Damian N. Heine, 5885 Lost Oaks Drive, 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 October 7, 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:\BP W15\5885 LOSTOAKSDRENCROACHMENT. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317,5712439
}Mall,
engineering@carinel.in.gov
September 16, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
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000 n 0 n 000`.
CITY O ARMEL
JAMES BRAINARD, MAYOR
RE: REQUEST FOR VARIANCE (DECK IN EASEMENT) — 5885 LOST OAKS DRIVE, CARMEL INDIANA 46033
Dear Board Members:
Mr. Damian N. Heine, owner of the property with a common address of 5885 Lost Oaks Drive, (Lot 111,
Lost Oaks at Haverstick, Section 2B) has requested a variance from Section 6-227(a)(4) of the City of
Carmel Code for the installation of a deck in a portion of the lot designated as an easement.
It is not expected that the installation of the deck 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 that, in the
opinion of the City, represent a Detriment as defined in City Code.
3. Existing grade and elevations must not be altered or modified within the drainage easement.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BP W 15\5885LOSTOAKSDRREQU ESTFORVARIANCE DECK.DOC
DEPARTMENT or ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAK 317.571.2439
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