14285 Gray Oaks Court - McComas, Karen/Jeffrey2016023688 ENCR $27.00
05/25/2016 02:07:38PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111 IN
CONSENT TO ENCROACH 2�L�
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Jeffrey S. McComas &
Karen S. McComas, 14285 Gray Oaks Court, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and
the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS; Owner owns in fee simple Lot 25 ("Lot") in Gray Oaks Subdivision which is located within the corporate limits
of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 5, Slide 213, Instrument Number 2014020027 in
the Office of the Hamilton County Recorder on May 29, 2014, as Gray Oaks (the "Plat"); and
WHEREAS, the current Owner wishes to install a patio and landscaping on the Lot (the "Site Improvement");:and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a copy
of which is attached hereto and incorporated herein by this reference as Exhibit B: and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 20' Drainage Easement, identified
as "20' Drainage Easement" on Exhibit B (the "Easement"); and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which
Encroachment is crosshatched on Exhibit B; and
WHEREAS, City of Carmel Board of Public Works and Safety approved.the Owner's request for a variance from Carmel
City Code Section 6-227(4) on Na I$,1D16 ; and
WHEREAS, Owner an .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
coveriant 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.
1L 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 anytime.
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"
J -REY S. M77tA
V /
3Ygfiature n ny
Date:.: �� / I�J IV
KAREN S. MCCOMA7iS,,, �}
Signature Ji—�Z- 2 d /lP
-Date:
STATE OF INDIANA )
SS:
COUNTY OF �i )
Before me, a Notary Public in and for said County and State, personally appeared JEFFREY S. MCCOMAS-& KAREN S.
MCCOMAS, 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 this day of 20%l0.
N TARY PUBLIC
My Commission Expires- _ .5,`i �.LJ�P�I
- to -,2Z; Printed Name
My County of Residence:.
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC. WORKS AND SAFETY n
BY: L N�
Jam rainard, Presiding Officer
Da:
il
/17
Mary Ann
Date: i
Lori Watson, MedINK
Date:
ATTEST: '
C%ristine S..Pauleyr reasurer
g
Date:.
STATE OF INDIANA )
)'SS:
COUNTY OF HAMILTON )
Before me, a NotaryPublic 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 ��ayJ `/�
. ofa 20
NOTARY 'IC
My Commission irPMI
/ SAS(.,
Lail/ Printed Name
- My County of Residence:
Thisnnstrumeit way prep=ared by Douglas C. Haney,. Esquire; City Attorney, One Civic Square, Carmel, Indiana 46032.
I af_irm,'under the penalt 6s for perjury, that I have taken reasonable care to redact each Social Security Number in this document;
unless required by 1"aw.-pouglas C. Haney, Esquire
EXHIBIT B
Bed 24.5'X 5.5'= 97 sf -
Bed 1T X 4' =-68 sf
Bpdr Eyed Susan
ea er Reed
Year
McCow.as Flpia
2 Boxwood Green Velvet '"
3 Hydrangea Endless Summer
- 2 Boxwood Green Mountain -
Bed 22'. X6.5' = 143 sf
t
1421'5 4rg,v Dalt (,Our -
1 Japanese Maple Upright
3 Grass Dwarf Fountain
: 'S Conellower Magnus -
3,Hosta Patriot
4' Boxwood Green Velvet
B
.I-Ot 2.5 grp5 Da .L
3 Geranium Brookside. - ..
..........:..:..
-,. ..
S Geranium Brookside-
C rlellw.er P—warvwildaegy Echinarea
-
ei,. IN ..
. 3 Hosta Patriot . .
..:
: - -
-
.. ''.
3 Astilbe Visions
3 Geranium Brookside
:.
.... _.....,
21
subnsicted-bl
Fritcl,td's nrofssipy.¢L Lavdw Rmd I.OvJsoppe —12cs
...
. . 3 Hydrangea Alice Oaklea_f -
9
Glamgv dFountain
Pernmium
. .'
. .
L_
Bed 42'X 7.5''= 315 sf '"
Spruce. Serbian a
5 Hydrngea LiBle Lime 3'
-
3 V rg. Sweelspire Dwf:
-
' Bed 39'X 10'
cTs `y- = 380 sf
$ 5 Hydrangea
8e Lima
MiscanNus
'
Plant Legend4
sY� common Bman,ral
Window well
Hasta Patriot
10 Grass Feather Reed �- -t -
1;
z -
Bed - 24' X 6' = 12o sf fk -
3 Astilbe Visions
r*. F GTaSs.
th
Hydrangea .
tt Astilbe assnx,
3;
3 Black Eyed Susan'
3 Grass
Maiden Adagio
6 Sella
■
9
Bpdr Eyed Susan
ea er Reed
Year
I.
yv.
65 Al N A C, : {�- irepd
I
'+i'
M I: Select
t
EA6E�"16N7' - w/12'seat wall.
'
-';'.
iMsfilbe
Ectal
- -
B
C. .0—, Magnus
_ + Bells
Sp 6ndens
I`
3
C rlellw.er P—warvwildaegy Echinarea
'a
3Bpxwwod
Coral Bails Sptendens
Fleueliera
Y'
-
.. ''.
Gke✓3n Velvet
3 Geranium Brookside
j'{~
21
Geranium Brookside :
tydrangea
3 Sedum
9
Glamgv dFountain
Pernmium
. .'
21.
Grass Feather Read
Caierriag aram
3 V rg. Sweelspire Dwf:
6
Grass Maiden Adagio,
MiscanNus
q
�'fmK
Window well
Hasta Patriot
Hosta
Bed - 24' X 6' = 12o sf fk -
3 Astilbe Visions
Hydrangea Allm Oakleaf.
Hydrangea .
Upper Deck
3
3. Hydrangea Alice -
v
j
13
+"�' G•
Oakleaf.....�
5' 10' 15' 20'
4
Lgae Owad Korean
Syringo
1
MaWa Japanese upright
Acer Palmatum
3 Boxwood Green Velvet
Bed TX8'=56 sf
ClevalaM Select -
Pynis®Peryene
_
6
1 5ervicetierry.'
Swbiosa
r.*
9
Salvia Pmpie a Blue _
Salvia
- .
. SweeIts p_ ifg
Servloaberry
- AmalanchleI
Window
5
Spruce Black Hills
. .
9• R ` Z4!
Well
-
.
is
..
Bed 52'X5'=
260 sf
Bed 5'X:5' = 25 sf,
3 Sedum
1 Boxwood
3 Coneflower Magnus'
Green Mountain f
- 3 Grass
Dwarf Fountain'
3 Hosta Patriot
1'spruce.Elegans
.
3 Hydrangea -
Alice Oakleaf
3 Black Eyed Susan'
3 Grass
Maiden Adagio
6 Sella
■
/-
9
Bpdr Eyed Susan
RudbecPja
I.
6:
Bomnod Green Moumaln
Bums .
a�L
12
6omaod Green WWrwt
Bums
- -
B
C. .0—, Magnus
Eehinacea
I`
3
C rlellw.er P—warvwildaegy Echinarea
'a
7
Coral Bails Sptendens
Fleueliera
Y'
-
.. ''.
3 Grass Maiden Adagio
3 Geranium Brookside
j'{~
21
Geranium Brookside :
tydrangea
3 Sedum
9
Glamgv dFountain
Pernmium
. .'
21.
Grass Feather Read
Caierriag aram
3 V rg. Sweelspire Dwf:
6
Grass Maiden Adagio,
MiscanNus
q
�'fmK
9
Hasta Patriot
Hosta
:0
Hydrangea Allm Oakleaf.
Hydrangea .
3 Geranium Brookside
3
Hydrangea Endless Summer
'Hydrangea
j
13
Hydrangea Little Lime
Hydrangea
5' 10' 15' 20'
4
Lgae Owad Korean
Syringo
1
MaWa Japanese upright
Acer Palmatum
3 Boxwood Green Velvet
4Pear
ClevalaM Select -
Pynis®Peryene
_
6
Fi,.W$Non Bulledly Blue
Swbiosa
r.*
9
Salvia Pmpie a Blue _
Salvia
- .
.1.
Servloaberry
- AmalanchleI
'9tt
5
Spruce Black Hills
Picea
/-
...
3 Sprues Elagane Pkea
I.
= Utilities
'= Downspout
- -
Bed 45' X 9' = 405 sf'
. ..
9' 5mr—pAutumn Fire Sedum
Bed 1.1''X 7' =77 sf
1 Lilac Dwf Korean'
^ate
•
11 Yeginia SweatsPire LNtle Henry Ilea
is '
3 Grass Feather Reed
JG .
4 Utilities
Y'
-
.. ''.
3 Grass Maiden Adagio
3 Geranium Brookside
3 Black Eyed Susan
...
= Utilities
'= Downspout
- -
Bed 45' X 9' = 405 sf'
i
...'
Bed 24' X V = 120 sf
Bed 1.1''X 7' =77 sf
1 Lilac Dwf Korean'
^ate
1 Pear CI: Select
Bed 23'X5' = 115 sr
3 Grass Feather Reed
1 Spruce Serbian
-
�X
3 Grass Maiden Adagio
3 Geranium Brookside
3 Black Eyed Susan
Geranium Brookside
-
Bed 6:5' 52' = 84 sf
3 Sedum
-
1 Spruce Elegans
3 Sedum
.3
3 Boxwood Green Velvet
0 = 1 Sf
. 3 Gress Feather Reed
'
3 Hydrangea Little Lime
_
5 Virg. Sweetspire DW.
3 V rg. Sweelspire Dwf:
' 3 Pincushion Flower. Blue
V = 10' -
3 Black Eyed Susan
"
3 ConeOower Magnus
3 Sedum
.1- Spruce Elegans
3 Geranium Brookside
3 Geranium Brookside
-
3 Lilac Dwf. Korean .
5' 10' 15' 20'
3 Grass Dwf. Fountain
3 Boxwood Green Velvet
_
. - - -
3 SalviaBlue or Purple
JAMES BRAINARD, MAYOR
May 10, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. CONSENT TO ENCROACH —14285 GRAY OAKS COURT— PATIO AND LANDSCAPING IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Jeffrey & Karen McComas, owners of the property with a
common address of 14285 Gray Oaks Court 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 18, 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\14285GRAYOAKSCTENCROACHMENT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
C
May 10, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
RE. REQUEST FOR VARIANCE (PATIO AND LANDSCAPING IN EASEMENT) —14285 GRAY OAKS COURT,
CARMEL INDIANA 46033
Dear Board Members:
Jeffrey & Karen McComas, owners of the property with a common address of 14285 Gray Oaks Court,
have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a
patio and landscaping in a portion of the lot designated as a 20' Drainage Easement.
It is not expected that the installation of the patio and landscaping 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 landscaping or patio that, in the opinion of the City, represents a Detriment as
defined in City Code.
3. Petitioners shall obtain approval from the HOA for installation of the patio and landscaping if
such approval is required by the restrictive covenants of the development.
4. The intended drainage swales along the sides and back of the home shall be maintained and not
blocked with the installation of landscaping or other improvements.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW16\14285GRAYOAKSCTREQUESTFORVARIANCEPATIOLANDSCAPING.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
Bed 24.6'X 6.5' - 97 sr
2 boxwood Green Velvet
3 Hydrangea Endless Summer
1 Japanese Maple Upright
3 Geranium Brookside
3 Hosts Patriot
3 Astlme Visions
3 Hydrangea Alice Oakleaf
Bed 42',X 7.5-315 st ^01
4 Spruce Serbian
5 Hydrngea We Lime
10 Grass Feather Reed
Bed - 24' X ri - 120 at
3 As61be Visions
3 Hydrangea Alice _
Oakleaf
Bed TX 8'=56 of lS.V
1 Serytcebeny - !•'?fy
3 Virg. Sweetspi
rd�T -
Dnf. i' -S..
Bed 5 X.5'.= 25 sl
1 Boxwood
Cir eau Muunlafn
3 Heals Patriot
Bed 17'X 4'68 31
�2 Boxwood Green Mountain
3 Gress Dwarf Fountain
6 Coneflower. Magnus
x
201
DSLAtN A(iC-
EASrc� 1taNf
EXH I B1-' B
Bed 22• X B.S =143 sf
3 Hosts Patriot
4,Bozwood Gmon Velvot
6 Geranium Brook9lde
Bed 52'X5'=
260 at
3 Sedum
3 Conellmor Magnus
3 Grass
Dwarf Fountain
1 Spruce began'
3 Hydrangea
Alice Oskleat
3 Black Eyed Susan
3 Gmss
Malden Adagio
6 Salvia
1.110491vds Flare.
a22scru aa4r.:Kr
Bed 11'X T 77
'Pt re5
1 Pear Cl. Select
Bed 23'X5' = 115 sf
.,w,.r...._ar G�_F�.isr,Ny
r rr��.:Er,•,zl i,a'.1,,.ay..! i.>.:.1:,•.. pE -�c,
Bed 39'X td
Grass Maiden Adagio
. 300 sr
3 Grass Feather Rood
6 Hydrangea
%n" cry C-
Little Lime
— ew.ral
5
5Grass
11 "A.-
feather Reed
3 Hydrangea We Lime
BPee
s Baird, Eyed Susan Rudbaby
select
G Select
3 Black Eyed Susan
5'Qsne
3 Sedum
`J�edml Bells
o 8—dC—N—,. &"..
Bed 52'X5'=
260 at
3 Sedum
3 Conellmor Magnus
3 Grass
Dwarf Fountain
1 Spruce began'
3 Hydrangea
Alice Oskleat
3 Black Eyed Susan
3 Gmss
Malden Adagio
6 Salvia
W'= utilities
=00wrispout
1� Y
Ll
o=1sf
1"=10'
5' ' 10' • 15" 20'
Bed 45'X 9'=405 sf
Bed 11'X T 77
1 Pear Cl. Select
Bed 23'X5' = 115 sf
Bed 24'X V = 1,20 at
1 Lilac Dwf Korean
Grass Maiden Adagio
3 Geranium Brookside
3 Grass Feather Rood
1 Spruce Serbian
Bed 6.5'X 52' = Bd at
3 Sad1
Spruce Elegans
3 Black Eyed Susan
3 Geranium Brookside
3 Grass Feather Reed
3 Hydrangea We Lime
5 Virg. Sweetspire Dwf.
3 Sedum
3 Boxwood Green Velvet
3 Black Eyed Susan
3 Conedower Magnus
3 Sedum
3 Virg. Sweetspire Dwl.
3 Pincushion Flower Blue
3 Geranium Brookside
1 Spruce Elegans
3 Lilac Dud. Korean
3 Geranium Brookside
3 Grass DW. Fountain
3 Boxwood Green Velvet
3 Salvia Blue or Puryle
W'= utilities
=00wrispout
1� Y
Ll
o=1sf
1"=10'
5' ' 10' • 15" 20'