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6556 Canoe Lane - Donald Brown & Anne Marie Taylor2016025502 ENCR $27.00 06/03/2016 04:16:37PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111 II II CONSENT TO ENCROACH (int )and THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered between Donald Wayne Brown & Anne Marie Taylor, 6556 Canoe Lane, 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 316 ("Lot") in Cherry Creek Estates, Section 6A 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 3, Slide 581, Instrument Number 200500009934 in the Office of the Hamilton County Recorder on February 18, 2005, as Cherry Creek Estates, Section 6A (the "Plat"); and WHEREAS, the current Owner wishes to install 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 10' 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 I I 2016 ; and cgw 7 - 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. 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" DONALD WAYNE BROWN Signature Date: D ANNE MARIE TAYLOR Signature Date: STATE OF INDIANA ) [ ) SS: COUNTY OF 1 LTOJ� Before me, a Notary Public in and for said County and State, personally appeared DONALD WAYNE BROWN & ANNE MARIE TAYLOR, 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 22- My 2 My Com issio Expire 29 - ► , day of — ��� 20k(�, AYPVBLIcc, cue, Printed Name My County of Residence: 1 a1 r ' OFFICIAL SEAL CARLA JEAN HOOVER NOTARY PUBLIC - INDIANA _,fila HAMILTON COUNTY My Comm. Expires 03-29-2019 My County of Residence: 1 a1 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY a BY: / " Jtlnes Brainard, Presiding Offi er ATTE Mary Alf Burke, lYfem7—/ — / Date: / [,� � /,/ REVS Lori Watson, Member 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 theCityof Carmel, Indiana. Witness my hand and Notarial Seal this / day of W4 -e 20/0 NOTARY PUBLI9j��� ission Expires: �� /f : Printed Name / - -- - My County of Residence: 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 EXHIBIT A LOT 316 IN CHERRY CREEK ESTATES, SECTION 6A RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON FEBRUARY 18, 2005 IN PLAT CABINET 3, SLIDE 581, AS INSTRUMENT NUMBER 200500009934 North E3EHIE31T B GEMENT OF.T T LY POR TION OF THE REPORT FOIL LOT 316, CHETtRY CREEK ESTMES, SEC'T'ION 6A 65 -5 -6 -CANOE LANE, CARMEL, IN 46033 We propose to;plant two Fireball Burning Bush plants generally In the northwest comer-ofour backyard, in the specific locations sh®wn' on this drawing., The plants, each of which will reach a height of about 6 feet and'a. width of about 5 feet when mature, will be planted S feet to the east of the common boundary of our westerly.neighb6W property, and the northerly most of the two bushes will be planted. 7 feet south of the rear property line of our lot. They wiIl: be planted 6 feet. apart from one another. r Scale: 1A =1fi' E_xslang C QBradfo , y_ Fear Tree C May 24, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR L RE. CONSENT TO ENCROACH — 6556 CANOE LANE — LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Donald Brown & Anne Taylor, owners of the property with a common address of 6556 Canoe Lane 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 June 1, 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 May 24, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (LANDSCAPING IN EASEMENT) — 6556 CANOE LANE, CARMEL INDIANA 46033 Dear Board Members: Donald Wayne Brown & Anne Marie Taylor, owners of the property with a common address of 6556 Canoe Lane, have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of landscaping in a portion of the lot designated as a 10' Drainage, Utility & Sewer Easement. It is not expected that the installation of the 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 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 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. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BPW16\6556CANOELANEREQU ESTFORVARIANCELANDSCAPI NG. DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov EXHIBIT E3 ENLARGEMENT OF THE NORTHE.RLY'PORTION-OFTH''ESURVEY REPORT FOR LOT -316, CHERRY CREEK -EnATIES, SECTION 6A 6556 CANOE LANE. CARMEL.- IN. 46033 We'mIngBu.4hplgnt$.gene yinthe , propose to plant two FirpNO.Bur rall northwest tor"mie'r of our back d the svecifie locations shown thig, yamm'' oWR_,onI, -drawing. The plants; each -of which will reach a height of about 6 feet and a width of about 5 --feet When.mature. will be planted 5 feet to the east of the c6inm6n, bounda mesterlyneighbors�bkopert ry ' of our y; and the northerly most of the two bushes-willbe-planted,71eet south of the -rear property line -of our lot They will beiplanted 6 feet apart from one,another. toposed Fireball Burning Bus es Town asm!