14074 James Dean Drive - Patrick, Timothy/Katherine2016016403 ENCR $27.00
04/13/2016 11:40:44AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111111111111111111111111111111111111111111111111111111111 II II
CONST NT TO ENCROACH
THIS CONSEINT TO ENCROACH (hereinafter the "Agreemene) is entered into by and between Timothy J. Patrick &
Catherine L. Patrick, 14074 .Tames Dean Drive, Cannel, Hamilton County, Indiana 460:33, (individually and collectively, "Owner"),.
and the City of Carniel, Hamilton County,, Indiana, by and through its Boardof Public Works and Safety C'City ").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 61 ("Lot") in The Meadows at the Legacy, Section Three 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 S, Slide 280, instrument it 2014054240 in tete
Office of the Hamilton County Recorder on Deceniber 2, 2014, as The Meadows at the Legacy, Section Three (the "Plat"); and
WHERI3AS, the current Owner wishes to install 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 a 10' Drainage and BMP
Easement, identified as 10' D.E, & B.M.P.E, ' on Exhibit i3 (the "Easement"); and
1tv 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 E, 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 A r` � 6 #2.016 ; and
WHEREAS, Owner and 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 Agreenient it, the Office of the Hamilton County Recorder and to provide to City a recorded
copy of same within ten (10) business (lays of the effective date of this Agreement. In the event this Agreement is riot
timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense,
9. The parties agree that the teims, oftli:is Agreement shall be binding upon and inure to the benefit of their respective heirs,
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
tfirough Owner any interest in the Lot on and after the effective date of this Agreement.
0
13. Owner agrees not to alter the ground surface elevation witliLin 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.
11OWNTER"
Tl''{ oTffyiPATRICK
Signature
Date:
01TUERINF, L. PATRICK,1)
Signatrure
Date.. -
STATE OF IN' MANA
)SS-,
COUNITY OF
Kathryn} 0 Lustig
Notary Pulblit Seal State of 'r1cli"n'3
Hamilton Counly
M 'M
y Commission F-Vifes C, ef 2 1 2 ()i 6
Before me, a Notary Public in and for said County and State, personally appeared TIMOTHY J. PATRICK & CATHERINE
L, PAT -RICK, by me known, and who acknowledged the execution of the foregoing "CONSENI'TO ENCROACH" as his or her
voluntary act and deed.
Witness my hand and Notarial Seat this day of 20
/ik
.......... ......
NurARY PuBAc
Mmm
y Commission Expires: \p-,
A
Printed Name
My County of Residence:.
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
TylaryArrurlqe Me e:
Date, r/ --b—
Lori Watson, Member
Date. Z,
ATTFST:
Christine S.
Date:
— ---------- - 7--/---r-/ zn"'/ I ------------------------------ -
STATE. OF INDIANA
) SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRMNARD, MARY ANN
BURKE and LORI WATSON, by we known, and by me. known to be the Members of the City of Carmel Board of Pub] ic Works and
Safety, arid CHRIST NT S. PAULEY, Cleric Treasurer of THF. CITY OF CARMEL, who acknowledged the execution of the
foregoin- "Consent To Encroach" on behalf of the City of Camel, Indiana.
0
" V')
Witness my hand and Notarial, Se€.J this -1" day of 20
" PUBLIC
, "Zim-
My Commission Expires: ......... V: ....
Pi Name
DIANNE WALTHALI.
Saab My County of Residence:
Notary Public. Slate of Indifil)a
Hamilton county
My COMMISSIO ill 1:111:pg
ThisinstrU umma e sguire, City Attorney, One Civic Square, Carmel, Indiana 4603' Z'
I affirm, under the, penalties for perjury, that I have taken reasonable care to redact each Social Security Number i -n this document,
i
unless, required by law. Douglas C, Haney, Esquire
EXHIBIT A
LOT 61 IN THE MEADOWS AT TEE LEGACY, SECTION THREE RECORDED IN THE OFFICE OF TEE HAMILTON
COUNTY RECORDER ON DECEMBER 2, 2014 IN PLAT CABINET 5, SLIDE 280, AS INSTRUMENT # 2014054240
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March 29, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. CONSENT TO ENCROACH — 14074 JAMES DEAN DRIVE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. & Mrs. Timothy Patrick, owners of the property with a
common address of 14074 James Dean 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 April 6, 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* CONSENTTO ENCROACH DOCUMENT
S:\BPW16\14074JAMESDEAN DRENCROACH M ENT. DOC
0 -7-571- 2439
ONE CTIVIC SQUARE; GV61--i., IN 4032 Orr4rcE 31' �571.2/141-
FA- 31
EiukL
March 29, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JA�vm.s MAINIARD, 1AWOR
RE.' REQUEST FOR VARIANCE (FENCE IN EASEMENT) -14074 JAMES DEAN DRIVE, CARMEL INDIANA
46033
Dear Board Members:
Timothy & Catherine Patrick, owners of the property with a common address of 14074 James Dean
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 10' Drainage Easement and BMP 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 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 fence that, in the opinion of the City, represent a Detriment as defined in City
Code.
3. Petitioner or fence installer shall locate subsurface drain near backyard property line and ensure
fence is installed so the fence posts avoid this infrastructure.
4. Petitioners obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW16\14074JAMF.SDEANDRREQUESTFORV.ARIANCEFENCE.DOC
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