14338 Dove Drive - Zelner CTE2016012894 ENCR $27.00
03/23/2016 02:07:29PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I II I II I I I I II II II
C(9t' SEN'll "I'O ENCROACH
THIS CONT SENT TO ENCROACH (I:ereinafter the ";Agreement") is entered into by :and between David M. Zelner &
Michelle R. Zeluer, 14338 Dove Drive, Carmel, Himilton County; Indiana 46033, (individually and collectively, "Owner".) zinc] the
City of Carmel, Hamilton County, l ndiana, by and through its Board of Public Works and Safety {"City").
WITNE SSE"I'1-1:
WHEREAS, Owner owns in fee simple Lot 170 ("Lot") in Avian Glen, Section Seven which is located within tine corporate
]units 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 flat Cabinet I, Slide 453, Instrument #i 9436279 in the Office
of the Hamilton County Recorder on August l9, I994, as Avian Glen, Section Seven (tile "Plat"} and
WHEREAS, the current Owner wishes to install a fence on the Lot ithe "Site Improveriert") and.
WHEREAS, Owner has given the Cite a sketch (',SI<etch") depicting the location of the Site Improvement on the Lot, a copy
of which is attached hereto and incorporated herein by this mference as Exhibit B; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 20' Drainage and Utility
Easement and 10' Drainage Easement, identified as "20' D.&U.E," :and `10'131, " on Exhibit B (tire "Easement"): and
WIIER AS, the Easement Is beneficial to the City and its residents: and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (tire "Encroachment") upon the Easement, t1'llich
Encroachment is crosshatched on Eahib f_B;; and
WHEREAS, City of Carmel Board of Public Works and Safety approved tine Owner's request for a variance from Carmel
City Code Section 6-227(4) on _1 ' ; 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 oil 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 Is use of the Easement,
NOW, 'E'11ERE ORE, for and in consideration of the tnutual covenants and agreements contained herein and other goon and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the pasties mutually promise, agree and
covenant as follows:
1. 'bile foregoing preambles, recitations and definitions are Shade a part hereof as though such were fully set forth herein,
The City consents to the Encroachment for only so long as.
(i) the Encroachment exists; and
(ii) Owner complies with ail of the terms and provisions of this Agreement.
3. Owner covenants and agates not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site
Improvement froln what is depicted on Exhibit B, and to maintain the Site Iniprovenlent in good condition and repair.
4, Owner agrees that City shall have the right to remove any portion of the Site lniproveuzent as City deems necessary, in
City's sole discretion, to install, protect and/or repair any 11tility lilies, sewer litres or drainage bitches 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 reimbzti•se Owner for the cost of any damages thereby caused toile Site Iiriprovement, the dot, 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 011, in; Linder, over, or upon the property interests of any other person without that person's consent evell if Such
property interests are also located within the Easement,.
6, towner agrees to indemnify and hold harnrle,r City, its officers, officials, ineinbers; employees, invitees, licensees and
agents, froin and against any and all losses; liabilities, damages, claims, judgments, attorney fees and costs arising frond
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 Easenleilt.
?, 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
sYperation 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 sauce within ten (10) business days of the effective hate of this Agreement. Its the event this Agreement is not
timely regarded by Owner, Owner agrees and consents to City recording same, at Owner's sale expense.
9. The parties agree that tlae terms of this Agreement shall be bidding 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.
H, 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 otliers who acquire by or
through Owner any interest in the Lot on and after the effective date of this Agrcemetit:
13, O�-k?aer agrccs not to alter the ground. surface;elevation within the limits of the easement at any time.
1=1, Owner agrees to remedy ;any draitlage problems or issues, saturated soil or standing water on the Lot or adjacent
properties determined by the City to be resulting from the Eticroachn ent.
"OWNER"
s
DA VID Al.
s
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Signature
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Signature
Date:
Signature
1
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STATE OF INDIANA �
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A 6,V1
Before me, a Notary Public in and for said County and State, personally appeared DAVID N1. Zi LNER & TvItCHELLE, R.
TF:L.N; R, by t3ie known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary
act and deed,
Witness my ftaszd and Notarial Seal this e Ys ay <rf-----,
20.x.
WA�_�t
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NOTARY P1113LIC
Rely Commission Expires - ---�
i
printed Name
Ashtlrsn Fiddler
Notary Public 5881 State Of 1nJ 8na
Marion County
My carrEtniWorl FxPires 0812M202
Rely County of Residence.-------------- It G'3)
CITY OF CARMEL, INDIANA;
BY AND D THROUGH ;TS .BOARD OF
PUBLIC FORKS .�,ND SAFETY
BY,
iinard, Presiding Officer
D a` :-I 13nr1 e, AI n[ie
Date;
Lori b'r'a°son
Date:.. d-
ATTES
STATE OF INDIANA }
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COUNTY OF IIAN,[H,T(-)N }
Before me, a Notary Public in and for said County and State; personally appeared .LAMES BRAINARD, ?V1,ARY ANN..
BLS RKE and LORI WA-TSON, by me known, and by me known to be t ie Members of the City of Carmel Hoard of P ibli4 Woks and,
Safety, and CHRISTINE S. PAULEY, Clerk -Treasurer of THE CITY OF CARMI EL,, who acknowledged the execution of -the
foregoing "ConsentTo Encroach" on behalf of the City of'Carmel, Indiana.
Witness my hand and Notarial Seal this� _: clay of�r'� �r } 'fes ` 20 r J
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Expires: IvOTARY,IPW CLIC f fr
MyL onxinissgnc � rt r� d ° �'' �' "t
Printed Name r f
My County of Residence �! •#f r :r r r.e-. t'r�r� .;'�..
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 Cafe to rednt each Social Security Number in this document,
finless required by law. Douglas C, Haney, Esquire
EXHIBIT A
LOT 170 IN AVIAN GLEN, SECTION SEVEN RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON
AUGUST 19, 1994 IN PLAT CABINET 1, SLIDE 453, AS INSTRUMENT #9436279
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i"M I -01U hiOR AN & ASSM TITUE COAON REPORT
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PROPERTY, DDRE a: 14339 Dove strive
PROPERTY € ES RM'i'€€ N, Lot 170 In AVIAN GLEN SECTION EVEN thetat of.whddh is rft�r d d'fcs Plat
Csb.inmt.1, SIlde4 ,16. the OFfide of She Recorder dad Hamilton Gami nty3, Indiana..
I hsf aby. "riffy to the pariles named abo.va that tate ren! es ate described herzin was Inspoc-ted unset my supers alfa an
on the Late hala atoll and that to the bast of.my f nowfed ", this report contp ns wfth lh,0 requirements ctinta€nL-d €r
�sc{Ipfts Z7thrgUgh29 of 8W 4¢A0t>1-Sd #oi° t�.#rt5WoR t bruxT€oN RP-PbRT..
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j&iviE,s BRANUM, N.UYOR
March 7, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. CONSENT TO ENCROACH —143.38 DOVE DRIVE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. & Mrs. David Zelner, owners of the property with a
common address of 14338 Dove 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 March 16, 2016
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:\BPW16\14338DOVEDRENCROACHMENT.DOC
DEPARTAIENT orT ENG.,N-Lu-.w\,G
ONE QVICSQUARI�, CAIVIIEL: IN 46032 01-n7ia?317,571,2441 F, -,,x317,571,2439
March 7, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
BSE. REQUEST"' FOR VARIANCE (FENCE IN EASEMENT) —14.3.38 DOVE DRIVE, txaRRMEL INDIANA 46033
Dear Board Members:
David & Michelle 2elner, owners of the property with a common address of 14338 Dove Drive, have.
requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence
in a portion of the lot designated as a 20' Drainage and Utility Easement and 10' Drainage Easement.
It is not expected that the installation of the 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 petitioners adhere
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 aConsent-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 fence that, in the opinion of the City, represent a Detriment as defined in. City
Code,
3. Petitioners shall ensure that the bottom of the fence allows storm water to flow through the
drainage swale in the easements and periodically clear any debris or obstructions from fence
that may affect drainage in easement.
4. Elevations within the drainage easements shall not be modified.
5. Petitioners shall obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
Sincerely,
., —
Jeremy €tashman, P.E..
City Engineer
S:tBPw16\143a&D VEDR} EQUESTFf RVARIANCEFE£VCE.DOC
DERMIT114EXF of:
CSN : C i., S u"'I'E , C'+Pw£:s,, _N 46032 OrlicF: 317571.2441,xX ? 1.7.5, .2 3
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F=XHIBIT B
ep 03 OS 00;54p Zelner 216$302015 p,1
,- 'GR3 1:RIPM IMORGAN & ASSOC. TITLE CO.��� �Ep �� 1,. 322 P. 3
THIS REPORT IS DESIGNED FOR USE BYA TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES.
NO CORNER MARKERS WERE SET AND THE LOCATION DATA HEREIN IS BASED ON LIMITED ACCURACY
MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR
CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES_
This Is to certify that the subject property does does trot Ile within that Special Flood Hazard Area Zone 'A,
The accuracy is subject io map scale uncertainty and to any o har uncertainly In location or elevation n Cc munity
Panel Number 1�p57 �� o� «� of the Flood Insurance Rate Maps, effective date 2 /
PROPERTY ADDRESS: 14336 Dove Drive
PROPERTY DESCRIPTION: Lot 170 In AVIAN GLEN SECTION SEVEN the plat of which is recorded in Plat
Cabinet f, Slide 483, In the Office of the Recorder of Hamilton County, Indiana.
TITLE COMPANY: MORGAN & ASSOCIATES, INC.
LENDER; TUCKER MORTGAGE COMPANY, LLC
r`�/1 Gam- 5 hYr r�w�
I hereby cartlfy to the parties named above that the real estate described heraln was Inspected under my supervision
on the date Indicated and that to the best of my knowfedge, this report conforms with the requirements contained Jr,
Seallons 27 throuah 29 of 865 IAAC 1-1 .12 for a SURVEYOR I OCATION DEPORT.
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