Loading...
2455 Londonberry - Wachter, ALftredCONSENT TO ENCROACH 2015059427 ENCR $27.00 11/18/2015 11:27:S2AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented I VIII I I IIII I I III VIII VIII VIII VIII VIII VIII VIII VIII1110IIII IIII THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Wachter, Alfred J Trustee of Alfred John Wachter Rev Lvg Trust & Nancy J Wachter Trustee of Nancy Jane Wachter Rev Lvg Trust, 2455 Londonberry Boulevard, Carmel, 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 Safcty ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 22 ("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, 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 Loi designated as a Drainage Easement, identified as "10' 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 Ht taMber I8,2 $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 B: 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: 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 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 13 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 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 determined by the City to be resulting from the Encroachment. ::0W A4FRED J WACHTER, WaS• /d-9'rnstee of Alfred John Wachter Rev Lvg Trust Signature, Date: A'ANCY J WACHTER, Nancy J Wachter Trustee of Nancy Jane Wachter Rev Lvg Trust Signat Date /onJ7j STATE OF INDIANA ) /! J..� ) SS: COUNTY OF a m I J Vi� ) Before me, a Notary Public in and for said County and State, personally appeared ALFRED J WACHTER & NANCY J WACHTER, by ane 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 I day of 0(11)1Y11" )►X,11 , 20j . JENNIFER ROSENBERG NOTARY PUBLIC SEAL STATE OF INDIANA My Comm ssion Expires: »J1 -1I15 NOT P•6LI�nr r Printed Printed Name My County of Residence: 2015 rn1 ftw 46/ "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: /V'GT Pr&seslf James Brainard, Presiding Officer Data aitt Mary An Burke, Mei ber Date: / /AS— Lori Watson, Date: ATTEST: her by 1 a iana Cordray, Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared !^^^_. -&4 ""�,,.:�2.Dr-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 a&rafGL.-�o(�16e'r tbe;l Safety, and D1 " , C1erk=Treesarer-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 18 day of k10Jun bee- . 20j e . •vrt/\I CL/ eves NOTARY PUB}}^^��C My Commission Expires: C Ann LJA'✓f.S WM/7 Printed Name My County of Residence: M( This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjuy, 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 22 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 EXHIBIT B Seater gs8 W' Setback line Btiry 2 .6't 36 A Note: For Building Permit Only Scale 1 9 �\ WINDSOR GROVE Lot, 22 0.63 Acres ± 2455 Londonberry Boulevard S.S.L Sanitary Sewer Lateral S.S.D. Sub—Surface Drain Land Description Lot #2? in WINDSOR GROVE, an addition to Clay Township, Hamilton County, Indiana, as per plat. thereof recorded as instrument number 2,00200015758 Plat Cabinet No. 2, Slide No. 755 in the Office of the Recorder of Hamilton County, Indiana. 1, the undersigned hereby certify that the above plot plan and description to be true and correct to the best of my knowledge, information, and belief, and is NOT .intended or represented to be a property line survey and does NOT purport to be sufficient for the location of corner stakes or the establishment of property lines. WITNESS my hand and Registered Land Surveyors Seat this 11th day of June, 2002. Robert D. Peterson Registered Land Surveyor State of Indiana No. 9800005 .�uunurr ;0O.PEre. . OC. � , �'r,15TERFer: C t No. °_ z _ Prepared By: LA1RR$ LAM 31 Ikd1E YG IOI O East 96th Street Fishers. Indiana 4608 (3I7) 849-4677 fax (317) 649-4926 �irl�) .IULIU 0 0 0 U( JUlf 000 ,I n 000;` wisg CITY 0 ' ART' JAMES BRAINARD, MAYOR November 6, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 2455 LONDONBERRY BLVD — LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Mr. & Mrs. Alfred & Nancy Wachter, 2455 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 18, 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\2455LONDONBERRYBLVDENCROACHMENT.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARNIEI., IN 46032 OFFICE 317.571.2441 ENX 317.571.2439 EMAIL engineering©c:rmel.in.gov October 12, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JU&JW 000 UEIUI .000 0110 000/ CITY 0 ARMEL JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (LANDSCAPING IN EASEMENT) — 2455 LONDONBERRY BLVD, CARMEL INDIANA 46032 Dear Board Members: Mr. & Mrs. Alfred Wachter & Nancy 1 Wachter, owners of the property with the common address of 2455 Londonberry Blvd, (Lot 22, Windsor Grove) have 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 in a portion of the lot designated as an easement. It is not expected that the installation of the landscaping 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. Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. 2. Petitioners (and successors and assigns) agree to remedy any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Petitioners agree 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, feremy Kashman, P.E. City Engineer 5:\BP W 15\ 2455LONDONBERRYBLV DREQUESTFORVARIANCELANDSCAPING.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 ED1A11. engineering@cannel.in.gov EXHIBIT B 35' 0. & U. E Setback Una Bti1 A /00 0 FF Sed 0 rn Note: For Building Permit Only Scale: 1" = 30' 99 WINDSOR GROVE ®t 22 0.63 Acres ± 2455 Londonberry Boulevard SS.L Sanitary Sewer Lateral 5.5.D. Sub—Sur}ace Drain Land Description Lot //22 in WINDSOR GROVE, an addition to Clay Township, Hamilton County, Indiana as per plat thereof recorded as instrument number 200200015758 Plat Cabinet No. 2, Slide No. 755 in the Office of the Recorder of Hamilton County, Indiana. 1, the undersigned hereby certify that the above plot plan and description to be true and correct to the best of my knowledge, information, and belief, and is NOT intended or represented to be a property line survey and does NOT purport to be sufficient for the location of corner stakes or the establishment of property lines. WITNESS my hand and Registered Land Surveyors Seal this 11th day of June, 2002. Robert D. Peterson Registered Land Surveyor State of Indiana No. 9000005 Prepared By: I9t LARIES LAM SURVEYING OI3O East 96th Street Fishers, Indiana 46038 C317) 899-4877 fa ( 317) 849-4926 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Wachter, Alfred J Trustee of Alfred John Wachter Rev Lvg Trust & Nancy J Wachter Trustee of Nancy Jane Wachter Rev Lvg Trust, 2455 Londonberry Boulevard, Carmel, 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 22 ("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, 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 a Drainage Easement, identified as "10' 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 13: and