6893 Longest Drive - Orne, Matthew/Katherine2016019744 ENCR $27.00
05/04/2016 02:17:36PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I II I I I I I I I I I I I II
CONSENT TO ENCROACH �Sop
�C4'+
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Matthew M. Orme &
Katherine D. Orme, 6893 Longest Drive, Carmel, Hamilton County, Indiana 46033, (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 1 ("Lot") in Brooks Landing at Prairie View, Section 1 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 No. 1, Slide No. 780, Instrument No.
9709720008 in the Office of the Hamilton County Recorder on May 22, 1997, as Brooks Landing at Prairie View, Section 1 (the
"Plat"); and
WHEREAS, the current Owner wishes to install a paver patio for a pool 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 Drainage, Utility, and Sewer
Easement, identified as "10' D.U.&S.E." 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 ti 2,1 4 2 b ; and
4�L
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"
MATTHEWM. ORME
Signature
Date: U — zG " t e
KATHERINE D. ORME11�
W�
Signature I� ` r
Date: 110
STATE OF INDIANA )
I ) SS:
COUNTY OF 1711 l -V&
Before me, a Notary Public in and for said County and State, personally appeared MATTHEW M. ORME & KATHERINE
D. ORME, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her
voluntary act and deed. cNn
Witness my hand and Notarial Seal this,• `day of
My Commission Expires:
nr'l- 01— 061 &
Anne M. Essex
Notary Public, State of Indiana
Hamilton County
My Commission Expires: 06-01-2018
Printed Name
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGHTTS BOARD OF
PUBLIC WORKS AND AFETY�
BY:
James Bra6iard, Pres'i'ding Of l er
Date: .--
b-l-�9LL
Mary Ann rke, Member
Date: �jj
Lori W on, ber
Date.
ATTEST:
C ine-S.
Date: .�
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
My Commission Expires:
My County of Residence:
'.Tliis,insj4aeiktwa prepared by Douglas C. Haney, Esquire, Corporate Counsel, One Civic Square, Carmel, Indiana 46032.
'I affiririr undet,-tlie,;;penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document,
unless required•-bI law. Douglas C. Haney, Esquire
a auawu i��aiii„
EXHIBIT A
LOT 1 IN BROOKS LANDING AT PRAIRIE VIEW, SECTION 1 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON MAY 22, 1997 IN PLAT CABINET NO. 1, SLIDE NO. 780, AS INSTRUMENT NO. 9709720008
Carmel, EXHIBIT B
PROPERTY DESCRIPTION: Lot 1, in Hrooks-Landing at -Prairie View, -Section 1, an addition to the County of Hamilton, as per plat
thereof recorded as Instrument No. 9720008, in Piot Cabinet No. 1, Slide No. 780, in the Office of the
recorder of Hamilton County, Indiana.
I This Report Is Designed For Use By A Title Insurance Company With Residential Loan Porides. No Comer Markers Were Set And The Location Data Hereon Is Based On Limited Accuracy Measurements.
'Note: Unless Otherwise Noted No Substantial Physical Evidence Was Observed Along Perimeter Lines Of The Subject TracL
CajD
3829 FLEGEND:LVIN Line
IRBY ainage Utility & Sew=Easement
4/2008
SCALE ill = 41
l--- 1]'111, . `_r
ASSUMED NORTH
O
.0 ��' RFo'•:F� i
N0.
* S0510*
i STATE OF 41
r��9•• �NDIANp•• `
C
April 26, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
,JAMES BRAINARD, MAYOR
L
RE. CONSENT TO ENCROACH — 6893 LONGEST DRIVE —PAVER PATIO IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Matthew & Katherine Orme, owners of the property with a
common address of 6893 Longest 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 May 4, 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,
s� �CrJ
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENTTO ENCROACH DOCUMENT
S:\BPW16\6893LONGESTDRENCROACHMENT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
C
April 26, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
L
RE: REQUEST FOR VARIANCE (PAVER PATIO IN EASEMENT) — 6893 LONGEST DRIVE, CARMEL INDIANA
46033
Dear Board Members:
Matthew & Katherine Orme, owners of the property with a common address of 6893 Longest Drive,
have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a
paver patio in a portion of the lot designated as a 10' Drainage, Utility, and Sewer Easement.
It is not expected that the installation of the improvements 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 improvements that, in the opinion of the City, represent a Detriment as
defined in City Code.
3. Petitioners shall not alter the grade of the easement with the installation of the paver patio.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW16\6893LONG ESTDRREQUESTFORVARIANCE PAVERPATIO. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
Carmel, E X H I B I T B
PROPERTY DESCRIPTION: Lot 1, in brooks Landing at Prairie View, Section 1, an addition to the County of Hamilton; as per plat
thereof recorded as Instrument No. 9720008; in Plat Cabinet No. 1, Slide No. 780, in the. Office of the
recorder of Hamilton County, Indiana.
This Report Is Designed For Use By A Title Insurance Company With ROidenllal Loan Policies. No Corner Markers Were Set And The Location Data Hereon Is Based On Limited Accuracy Measurements. 1
Mote: Unless Olhemise Noted, No Substantial Physical Evidence Was Observed Along Perimeter Lines Of The Sublect Trail
FDRAWINGNO: '2-73829 LEGEND:BY: J. COLVIN B.L.= Building Line
BY: C. KIRBYD.U.&S.E= Drainage Utility & Sewer Easement
TE: 11124/2008
W.._—:ate �.�. . 111121111 [Ml.
x"�
.�`����� M s SC�TTVZ
No$
*�
so
..5 =*
Z STATE OF