596 Melark Drive - Heckman, LynnCONSENT TO ENCROACH
2015059424 ENCR $27.00
11/18/2015 11:27:35AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
I I I I I I 1111111111111111111!! 11111 h i l i 1111! 111111111111111 I I I l 1/111111
THIS CONSENT TO ENCROACH (hereinafter the: "Agreement") is entered into by and between Frederick W lleckman &
Lynn A Heckman, 596 Melark Drive, 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 4 ("Lot") in the Enclave of Carmel 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 1, Slide 192, Instrument 1991025567 in the
Office of the Hamilton County Recorder on September 26, 1991, as The Enclave of Carmel (the "Plat"); and
WHEREAS, the current Owner wishes to install a concrete patio 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 incorporatecl herein by this reference as Exhibit B; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as a Utility, Drainage, and
Landscape Easement, identified as "15' U.D. & LANDSCAPE EASMENT" 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 Noazmber tot 5 ; 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 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"
FREDERICK IV HECKM • N
Signature
Date: /V • a 9 • ao, C
LYN1 !IECKMAV
Sue u/l
• a4re
Date. /6 - / p
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STATE OF INDIANA
) SS:
COUNTY OF tfy11 htn )
Before me, a Notary Public in and for said County and State, personally appeared FREDERICK W HECKMAN & LYNN A
HECKMAN, 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
My Commission Expires:
1111
day of Mtkr20 0
ijak- —alp Cie
NOTARY WA
Printed Name
My County of Residence: r I`C,1ll'i1\ \ 1
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Ar(of Nat)
James Brainard, Presiding Officer
Date:
Mar Burke, Me ber
Date:/ /// S
Lori Wats n
Date:
ATTEST:
er
Il//s/Lc
Diana Cordray, IAMC, Clert reasurer
Date:
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared 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
C KURAI y4
Safety, and ut.vNA L. L. Y, CI Clerk-"Freesvrer 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' 0 day of
My Commission Expires:
1/id'/i 2
A6rerneer2015.
NOTARY PUBLI
C. -PrinenO.rUvS
Printed Name
My County of Residence: f r k) /fan
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 4 IN THE ENCLAVE OF CARMEL, RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON
SEPTEMBER 26, 1991 IN PLAT CABINET 1, SLIDE 192, INSTRUMENT 1991025567
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EXHIBIT B
Enclave
Instrument No.
596 ivlelork
Lot No.
of Carmel
9125567
Drive
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Exton & Louth
Community Development
10333 N. Meridian St.
INDPLS. IN
7140 Waldemar Unve
Indienopoli5. lndlone 45268-4192
WOOIPERT Noveh,bor r 1, 199J
JUL.-JE 0 0 0 Ul Ul,
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CITY 0 ' ARMEL
JAMES BRAINARD, MAYOR
November 6, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — 596 MELARK DRIVE — PATIO IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. & Mrs. Frederick Heckman, 596 Melark Drive, 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
5:\BPW 15\596MELARKDREN CROACH M ENT. DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE. CARMEL, IN 46032 OFFICE 317.5712441 FAX 317.571.2439
E\IAII, c ngi neering?ica rinel.i n. gov
JULIO o o o ULIUIf
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CITY O l_,AItVIEL
November 6, 2015
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: REQUEST FOR VARIANCE (PATIO IN EASEMENT) — 596 MELARK DRIVE, CARMEL INDIANA 46032
Dear Board Members:
Mr. & Mrs. Frederick Heckman, owners of the property with a common address of 596 Melark Drive,
(Lot 4, Enclave of Carmel), have requested a variance from Section 6-227(a)(4) of the City of Carmel
Code for the installation of a patio in a portion of the lot designated as an easement.
It is not expected that the installation of the patio 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 resulting from the
installation of the patio that, in the opinion of the City, represent a Detriment as defined in City
Code.
3. Petitioners must obtain approval from the HOA for installation of the patio 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 easements.
5. Patio may only encroach 2' into the 15' easement and must not block drainage in the swale.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BP W 15\596MELARKDRREQUESTFORVARIANCEPATIO.DOC
DEPARTMENT OF ENGINEERING
ONI CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571 2439
I].AIAII. engineerin gQied rmeLi n.gur
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EXHIBIT B
The Enclave
Instrument No.
596 Melork
Lot No.
of Carmel
9125567
Drive
4
INORTHIr
SCALE: I"=20'
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Eoton & Louth
Community Development
10333 N. Meridian St.
INDPLS. 1N
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7110 Woldernor Drive
Indict -1300k. Indinno 45288-4192
WOOIPERT No einbar 11, 1993
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the: "Agreement") is entered into by and between Frederick W Heckman &
Lynn A Heckman, 596 Melark Drive, Carmel, Hamilton County, Indiana 46032, (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 4 ("Lot") in the Enclave of Carmel 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 1, Slide 192, Instrument 1991025567 in the
Office of the Hamilton County Recorder on September 26, 1991, as The Enclave of Carmel (the "Plat"); and
WHEREAS, the current Owner wishes to install a concrete patio 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 Utility, Drainage, and
Landscape Easement, identified as "15' U.D. & LANDSCAPE EASMENT" on Exhibit B (the "Easement"); and
WI-IEREAS, 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