352 Gradle Drive - Brighthouse NetworksCONSENT TO ENCROACH
2015061927 ENCR $29.00
12/04/2015 08:37:34AM 10 PG5
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111111I
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Bright House Networks
LLC, 352 Gradle 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 certain real estate which is located within the corporate limits of the City of Carmel,
Indiana and is more particularly described in Exhibit A (the "Real Estate"), attached hereto and incorporated herein by this reference;
and
WHEREAS, the current Owner wishes to install a sound wall and landscaping on the Real Estate (the "Site Improvement");
and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Real Estate,
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 Real Estate designated as Drainage and Utility
Easement, identified as "15' DRAINAGE AND UTILITY EASEMENT" 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 13; 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 ptce`'^her L, tokS _ 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:
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 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 Real
Estate, 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
Real Estate, 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.
Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded
copy of sante 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 Real Estate 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 Real Estate or adjacent
properties determined by the City to be resulting from the Encroachment.
"OWNER"
DONALD B. WILLIAMS, VP/GM
Audi zed Sign r, BRIGHT 1/OUSE NETWORKS LLC
(AJ
Signature
Date: 11/0/ 240/5-
STATE
O/S
STATE OF INDIANA
) SS:
COUNTY OF AgriN013
NOTARY PUBIJC SEAL
BOONE COUNTY STATE OF INDIANA
DENISE R. DISNEY
COMMISSION NO. 598645
MY COMMISSION EXPIRES 1148-2016
Before me, a Notary Public in and for said County and State, personally appeared DONALD 13. WILLIAMS, an authorized
signer for BRIGHT HOUSE NETWORKS LLC, by me known, and who acknowledged the execution of the foregoing `CONSENT
TO ENCROACH" as his or her voluntary act and dee. d.. I Iy� n,,
Witness my hand and Notarial Seal this 17 day of /40V'�i✓�'�-� 1, 201�,/LQl
NO
My Commissi�oQn Ex tires: A..etJ SO �( 5/ww/
1 PUBLIC n.
Z?J-- 14o Printed Name
My County of Residence:
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
13Y:
James Brainard. Presiding Officer
Date:
M
Date:
Lori Watson, Met
Date:
ATTEST:
/Diana Cordray, TAMC, erk-Treasurer
Date:
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAM7_S=BRPdN*iYD. MARY ANN
BURKE an LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and
A"- ‘NanctSe' bLiplify
Safety, and l !AIN-A'L—CORDR74-YrClerk-Treasurer of THE CITY 01' 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 Z d av of bQC m`22 , 20 ✓ S,.
My Commissi EEx/t:
NOTAR,�PUBLIC
unn \S
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
Tract A
Part of the Northeast Quarter of Section 36. Township 18 North, Range 3 East, Hamilton County,
Indiana, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East; thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on the East line
thereof 1188.00 feet; thence South 89 degrees 27 minutes 30 seconds West parallel with the
North line of said Northeast Quarter 1773.39 feet to the true beginning point of the real estate
herein described; thence South 01 degree 07 minutes 44 seconds West parallel with the West
right of way line of Third Avenue Southwest 128.00 feet; thence South 89 degrees 27 minutes 30
seconds West parallel with the North line of said Quarter 175.00 feet; thence North 01 degree 07
minutes 44 seconds East parallel with the West right of way line of Third Avenue Southwest
128.00 feet to a line which bears South 89 degrees 27 minutes 30 seconds West of the True
Beginning Point; thence North 89 degrees 27 minutes 30 seconds East on said line 175.00 feet to
the True Beginning Point.
Tract B
20 feet by parallel lines off the entire cast side of the following described real estate:
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 Fast in Hamilton
County, Indiana, described as follows:
Commencing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East; thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on the East line
thereof 1188.88 feet; thence South 89 degrees 27 minutes 30 seconds West parallel with the
North line of said Northeast Quarter 1773.39 feet; thence South 01 degree 07,minutes 44 seconds
West parallel with the West right of way line of Third Avenue S.W. 128.00 feet to the true
beginning point of the real estate herein described; thence South 89 degrees 27 minutes 30
seconds West parallel with the North line of said Quarter 175.00 feet; thence South 01 degree 07
minutes 44 seconds West parallel with the West right of way line of Third Avenue S.W. 247.30
feet to the North right of way line of Gradle Drive on a non -tangent curve having a radius length
of 875.00 feet which bears North 01 degree 24 minutes 10 seconds West; thence Northeasterly on
said right of way and curve to the left 177.09 feet to a line which bears South 01 degree 07
minutes 44 seconds West of the true beginning point; thence North 01 degree 07 minutes 44
seconds East on said line 226.79 feet to the True Beginning Point.
Tract C
Together with a non-exclusive easement for ingress and egress as set out in a Warranty Deed
dated July 23, 1986, recorded August 8, 1986 in Deed Record 358, page 632 as Instrument No.
86-16709 in the Office of the Recorder of Hamilton County, Indiana.
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CITY 0 ' ARMEL
fA?IES I3RAINARD, MAYOR
November 19, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CONSENT TO ENCROACH — 352 GRADLE DRIVE — SOUND WALL IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. Donald Williams, an authorized signer for Bright House
Networks LLC, 352 Gradle Drive, is submitted to the Board for signatures. A variance for the
encroachment is also submitted to the Board of Public Works for approval during the December 2, 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\352GRADLEDRENCROACHMENT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317571.2439
EMAIL engincenng@'cermcl.in.goe
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000 n 0 0 000
mlingarrt
CITY 0 ARMEL
November 19, 2015
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: REQUEST FOR VARIANCE (SOUND WALL IN EASEMENT) — 352 GRADLE DRIVE, CARMEL INDIANA
46032
Dear Board Members:
Mr. Donald Williams, an authorized signer for Bright House Networks, LLC, owner of the property with a
common address of 352 Gradle Drive, has requested a variance from Section 6-227(a)(4) of the City of
Carmel Code for the installation of a sound wall in a portion of the lot designated as an easement.
It is not expected that the installation of the sound wall 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 sound wall 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 easements
beyond what is needed to install the sound wall.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
5:\BPW15\352GRADLEDRREQUESTFORVARIANCESOUNDWALL.DOC
IDEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL. IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
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