2437 Londonberry Blvd - Scott FarnhamCONSENT TO ENCROACH
2015057399 ENCR $28.00
11/05/2015 11:59:30AM 9 P65
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111111111 11111111 11111 11111 11111 11111 11111 III 1111111 11111 11111111
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Scott Farnham, 2437
Londonberry Boulevard, Carrel, Hamilton County, Indiana 46032, (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 23 ("Lot") in Windsor Grove 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 3, Slide 45, Instrument Number 2002065082 in
the Office of the Hamilton County Recorder on September 10, 2002, as Windsor Grove (the "Plat"); and
WHEREAS, the current Owner has installed landscaping and 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
"10' 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 Cannel Board of Public Works and Safety approved the Owner's request for a variance from Carmel
City Code Section 6-227(4) on 14 OVember 412o6
'cam
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
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 am hereby acknowledged, the parties mutually promise, agree and
covenantas 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.
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.
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.
l3. Owner agrees not to further 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 detemrined by the City to be resulting from the Encroachment.
"OWNER"
Signature
Date:
STATE OF INDIANA
SS:
COUNTY OF /1/410 )
Before me, a Notary Public in and for said County and State, personally appeared SCOTT FARNHAM, by the 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 (..14-day
H day of ' ,ti \ 20j .
My Commit /9 f tl Expires:
nvia
LI
'°e. THOMAS WAGNER
Marion County
My Commission Expires
September 9, 2016
NOTARY 'UBLIC
J
rt
Printed Name
ounty of Residence
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY
lames Brainard, Presidio' • ' icer
Date: / n
/1/ 1
Mary . ,
Date:
Burkeyymb
Lori Wdtson, M
Date:
ATTES
r/
lana Cordmy. IAMC, C
Date: //-�/—
STATE OF INDIANA
COUNTY OF HAMILTON
Treasurer
) SS:
Sandra M Johnson
Deputy Clerk For
Before me, a Notary Public in and for said County and State, personalty appeared JAMES BRAINARD. MARY ANN
BURKE and LORI WAT$ON. by me known, and by me known to be the Members of the City of Carmel Board of Public Works and
arr1�San, Pwt-i
Safety a$�tuLDL11,
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 day of
My Commission Expires:
of embec-20 /c .
NOTARY UBC
C LIt1J octo ,s
Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney. Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032.
I affirm, undcr 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 23 IN THE WINDSOR GROVE SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON SEPTEMBER 10. 2002 IN PLAT CABINET 3, SLIDE 45, AS INSTRUMENT #2002065082
ier
EXHIBIT B
The Schneider Corporation --„Engineering
8901 Otis Avenue ' Surveying
Historic Fort Harrison Landscape Architecture
Indianapolis, lodiano 46216-1037 GIS •ILS
'317-826-7100 Geolo®
317-826-7200 FAX ;
;EO ON CONSTRUCTION PLANS OR
NO 15 NOT BASED ')PON A RELO •
DOER CORP. DOES NOT KORFANT
DEFICIENCY OF THIS'INFOfMAfoN
OULD VERIFY EXISTING ceRpn OFIS
TRUCBON AWE OISCREPANe.Y
RAINING SHOU'_D BE REPORT_' TO
a. IMMEDIATELY; FAILURE T0.00
SIE CON TRACTORSA550MPTIOf1 OF .
•
D151Rl2T ZIMITNC
FIVE (25)FEE.R: A'a,
)CREASED 114E1E 1
FEET POVIOED”,
A
YARDS ARE
a,
TONAL FOOT FOR j
(RUCTURE EXCEEDS
EFT VI HEIGHT:
J ORDINANCE 26.1.4.
LOT ;; 23
27,850 ±SF±
0.64 AC.
NOTE:
TIE BASEMENT ELEVATION DEPICTED HEREON HAS BEEN DETERMINED AND
BASED UPON 111E PAD GRADES AND OF CONTOURS TANEN FROM THE
CONSTRUCTION 'PLANS FOR THE 50801555108. 'UNLESS STATED. NO INFCR40
ABOUT RUCNATNG WATER TABLES. 5011 CONDLTONS 0R 501L TYPED '^ITHI
THE BUILDING AREA HAS BEEN PROVIDED OR STATED ON SAID PLANS. IT
RECDMMENDED..IHAT BASEMENT FINISH FLCCR ELEVATIONS -.BE AT LEAST (2:
FEET ABOVE THE 408041 POOL ELEVATION 04 ANT A0JOININB BODIES OF
WATER UNLESS. A STUDY OF FACTS REYEAL5 011401,VASE. IPI0URIN6 RE
EXCAVATION PROCESS. AHS (ROUN0 WATER 15 AIN65ED. THE 5088610E
OORP: SHOULo.9E;NOTIREOiIM(OIATELY. THE BASEMENT ELEVATION 5HOL'
DE RAISED 2' 43050 1HE 04dUNO WATER LEVEL AND .400:1ONAL
2ON51AUCTON TECHNICUES SHOULD BE INCORPORATED TO ALLEY. ATE 1010
' (4,,081(45,
n0
F.qy v v'CApli j ALE i° :030
. 3104 -Et
mx noMJIE a sta.'
E F.F.E. IS
I BE 2.8' ABOVE
VEWAY PER .PLAN
ED GRADE
.TE, LOCATION
EFORE.-,,
!ION b"'IS'AN:`LAT. -
Q ;:OROvL LLC
ROVED PLAN
w
SIGNATURE"
Felice approvel{@ily
6./23/03/
01
675.3°SM1
• OCIAMON'AREA 115.'
35' 060E
84.98'
LONDONBERRY BOULE\
50' R/W
SAvrAsr.: s,::
October 12, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
J1.1 LI 0 0 0 U }I. Ule
000 n 0 0 000
CITY 0 ' ARMEL
JAMES BRAINARD, MAYOR
RE: REQUEST FOR VARIANCE (LANDSCAPING AND FENCE IN EASEMENT) — 2437 LONDONBERRY BLVD,
CARMEL INDIANA 46032
Dear Board Members:
Mr. Scott Farnham, owner of the property with the common address of 2437 Londonberry Blvd, (Lot 23,
Windsor Grove) has requested a variance from Section 6-227(a)(4) and 6-227(a)(5) of the City of Carmel
Code for the installation of landscaping and a fence in a portion of the lot designated as an easement.
It is not expected that the installation of the landscaping and 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 that, in the
opinion of the City, represent a Detriment as defined in City Code.
3. Petitioner agrees not to modify the grade of the easement from the original design conditions in
the 3' section along the property line.
4. Landscaping may only encroach 7' into the 10' D.E. to facilitate drainage along the property lines
for adjacent properties.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW 15\ 2437LONDONBERRVBLV DREQUESTFORVARIANCELAN DSCAPING FENCE.DOC
DEPARTNIENT OF ENGINEERING
ONE Civic SQUARE, CARMEL, IN 46032 Orrice 317.571.2441
EMAIL eng i necri ng a ca rmel in.gov
FAX 317.571.2439
Ter
EXHIBIT B
•
The Schneider Corporation
8901 Otis Avenue
Historic: Fort Harrison
Indianapolis, Lndiane 16218-1077
717-826-7100
017-826-7200 FAX
SCO ON CONSTRUCTOJ PLANS OR
NO IS NOT BASED UPON A FIELD •
]DER CORP,- GOES NOT WARPANT
UFFICIENCY OF nisch FOf2MA,nes
auto VERIFY FASTING CCCnqPpTTIONS '-
tRu;TI4N ANY OISCREPARM
' RAIMNO SHOULD BE REPORTED TO •
AMMEDIATELY; FAILURE TC. DO
CONTRACTORSTsf ASSUMPTION OF -
I RIL. YkliMIT111/41' 71
ntr (2Sf;EE,6T qi.
!CREASED INi11E1541f -
FEET PROvioterE',
YARDS ARE '
TIONAL FOOT FOR
TUCTURE EXCEEDS'P
TET IN HJGHT:
ORDINANCE 26.v.l..
• Surveying
Landscape Architecture
CIS • LIS
Carlo®
LOT ri 23
27,850 ±SF±
0.64 AC.
NOTE: .
THE BASEUENT ELEVATION DEPICTED HEREON HAS BEEN DtILHMINED AND
BASED UPON THE PAO GRADES ANO OF CONTOURS TAKEN FROM THE
CONSTRUCTION PUNS FOR THE SUBDIWSOH.',UNLESS STATED. 140 INFCRY.
ABOUT FLUCTUATING WATER TABLES. SO: CONDITIONS OR 5011 TYPED "Thu
THE BUILDING AREA HAS BEEN PROTOED OR STATED ON,. SAN PLANS. IT
HECOMUENBED..THAT BASEMENT FINISH FLOOR CEvABoN4'.BvATION or ANT fEE{GG AT LEAST (2:
FEETWATERt�SS- ATHE NSNOYLOF POOL
ACTS REVEALS 01HERMSE: IIf`DURIna OF
EXCAVATOR PROCESS. ,ANT. CROUND WATER IS MMESSED, THE SCHNEIOE
COtP:'SHOnd$ETRTag O.boMEDIATFIY. THE BASEMENT ELEVATION SHO'
BE RAISED 2' ABOVE`TIE GROONO WATER LEWL AND AODITOIAL
iONSTRUCTON TECH:ROUES SHOULD BF INCORPORATED TO ALIENATE FBIU
PP,OBLEHS,_
0
LA/�
}�ASSUMED !ORT
Nf �� flNS ALE 1' - 30
Rawa{ M 1111
E F.F.E. IS
) BE 2.8' -ABOVE
. VEWAY PER --PLAN.
coyer
ED CRADE •
.T$ .LOCATION
EFOLE�y y. '
OR. GROVE LLE
ROVER:PLAN
SIGNATUR rV
Felice approv Otily
'6-/23/03/ •
pf '.
F
•'.I5 08,0E
LONDONBERRY BOULE\
50' R/W
JLI LI 000
0000®��
CITY O
UL)UI{
000
ARVIEL
JAMES BRAINARD, MAYOR
October 27, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — 2437 LONDONBERRY BLVD — LANDSCAPING AND FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. Scott Farnham, 2437 Londonberry Blvd, is submitted to
the Board for signatures. A variance for the encroachment is also submitted to the Board of Works for
approval during the November 4, 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,
remy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
S:\BPW 15\2437LONDON BERRYBLVDENCROACHMENT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IrN 46032 OFricr, 317.571.2441 FAX 317.57L2439
E IAIL eng incering Gi ca rmcl. in.gr,v