717 Hikcory Drive - Akin2016010018 ENCR $27.00
03/04/2016 04:10:11PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I II I I I I I I I II I I II
CONSENT TO ENCROACH
THIS CONSENT TO ENCRONCH (hereinafter the, "Agreement") is entered and between fviichael K Akin, 717
Hickory Drive, Cartel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton
Coitnty, Indiana, by and through its Board of Public WorLs and Safety ("City"),
CJI` NESSETH:
)NTI ~REAS, Owner owns in fee simple Lot 4 ("Lot") in Carmel Village Subdivision which is located: within- the corporate
limits of the City of Carmel, Indiana ("Subdivision"); which real estate is more particularly described in .Ex ibit A, attached hereto and
incorporated herein by this reference; and
WHERE the official plat of the Subdivision oras recorded in Plat Book 2, Page 196, Instrument Number 2273 in the
Office of the Ilamiltan County Recorder on. November 4, 1960, as Carmel -Tillage (the "flat"); and
WHEREAS, the current Owner wishes to install a wooden 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 utility Strip, identified as "6'
U.S." on Exhibit S (the "Easement"); and
-W IEREt1S, the Easement beneficial to the City and its residents; anti.
W'HE'REAS, 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 M2rct+ 111016 ; and
-I
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.
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.
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 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.
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"
MICHAEL KAKIN
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P° �^s
Signature _
Date:. l
STATE OF INDIANA )
SS:
COUNTY OF € � )
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL K AKIN, 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 thisday of I, 20(
NOTAIZY PUBLI
My Commission Expires: �...�
° Printed Name
My County of Residence: f '�
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: l `
James FKainard, Presid}ng Officer
iviaryDate: 7rsurxe, v 73e -r/ /,,
Lori W
Date:
ATTES
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, 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
Safety, and CHRISTINE S. PAULEY, Clerk -Treasurer 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 day of A L �k , 20/
j
NOTARY PUB IC
My Commissi n Expires: C �% /_S�7f%f ' %i %�' 4
(111 % Printed Name
My County of Residence: C �C C d Jlt l
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
LOT 8 IN CARMEL VILLAGE SUBDIVISION, RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDED ON
NOVEMBER 4, 1960 IN PLAT BOOK 2, PAGE 196, AS INSTRUMENT # 2273
1=—XHIIBI-r F3
BENCHMARK SURVEYING,
Donn M, Scotten, Registered Land Surveyor
9855 Crosspoint Boulevard, Suite 110
Indianapolis, 'in diono 4-6256
Phone (317) 84.1-1506 – Fox (3-17) 841-1507
INC.
Property Description:
Lot. Numbered 8 in CARMEL VILLAGE-, an Addition to the Town now City of Carmel,
,Hamilton County, Indiana, as per plot thereof, recorded in Plot Book 2, Page 196, in
the Office of the Recorder of Hamilton County, Indiono.
Benchmark Job No, 99,5105^0
Dote, July 30, 2001
q
WTE: DUE TO THE I - ACK OF REFERENC MONUMENTATION AND DUE TO
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THS: BETWEEN MONUMENTAWN FQUND, THE
ACCURACY OF THIS REPORT 15 PLUS OR MINUS EIGHT FEET -
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YmFs BRAUNTARD., MAYOR
February 23, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. CONSENT TO ENCROACH - 717 HICKORY DRIVE - FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. Michael Akin, property owner at 717 Hickory 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 2, 2016 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon
approval and signature by the Board mernbers 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-\BPW16\717HICKORYDRIVEENCROACHMENT.DOC
DLu>yki-'!V1ENT o-� LNGLNEERING
ONE QVIC SQUARE, CAMMEL, IN' 46032 OFlcE 317,571.2 `4 F,x 317-571,24439
FNIAIL
February 23, 2016'
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE., REQUEST FOR VARIANCE (FENCE IN EASEMENT) —717 HICKORY DRIVE, CARMEL INDIANA 46032
Bear board Members-,
Mr. Michael Akin, owner of the property with a common address of 717 Hickory Drive, has 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 utility strip (easement).
It is not expected that the installation of the fence at the proposed location will result in a Detriment (as
defined in City Cade) 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 fence 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 easement.
4. The fence shall be placed at least three feet from the southwest property line to protect the
underground storm sewer in the easement.
5. Petitioners must not block drainage Swale with installation of fence and shallperiodically clear
any debris or obstructions from fence that may affect drainage in easement.
Sincerely,
Jeremy I(ashman, P.E.
City Engineer
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EXHIBIT 13
C H14 BENCHMARKSURVEYING, INC
Donn M. Scotten, Registered Land Surveyor
—I— cj 9855 Crosspoint Boulevard, Suite 110
Indianapolis, 'Indiana 46256
Phone (317) 841-1506 — Fox (317) 841-1507
Property Description:
Lot Numbered 8 in CARMEL VILLAGE, an Addition to the Town now City of Carmel,
Hamilton County, Indiana, as per plat thereof, recorded in. Plat Book 2, Page 196, in
the Office of the Recorder of Hamilton County, Indiana.
Benchmark Job No. 9931056
Date: July 30, 2001
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NOTE: DUE TO THE LACK OF REFERENC MONUMENTATION AND DUE TO
THE DISCREPANCIES BETWEEN MONUMENTATION FOUND, THE
ACCURACY OF THIS REPORT IS PLUS OR MINUS EIGHT FEET.
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