3734 Shafer Circle - Carroll, Laura2016032842 ENCR $27.00
07/11/2016 12:10:58PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I I I II I II I I I II II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Laura Carroll, 3734 Shafer
Circle, 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 29 ("Lot") in Williamson Run, Section Two 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 Book 1, Page 39, Instrument No. 89-14918 in the Office
of the Hamilton County Recorder on July 19, 1989, as Williamson Run, Section Two (the "Plat"); and
WHEREAS, the current Owner wishes to install a concrete deck 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 35' Drainage, Utility, and Sewer
Easement, identified as "35' 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 J��� (��� ; and
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.
STATE OF INDIANA )
COUNTY OF AglnP?� ) SS:
)
Before me, a Notary Public in and for said County and State, personally appeared LAURA CARROLL, 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 g day of 2010
NO Y PUB IC hA
My C ssion EpirejA ^ , ,►G
A, -/. i.E/d,j -/ Printed Name
My County of Residence:
Notary Public
Notary Seal
State of Indiana
Before me, a Notary Public in and for said County and State, personally appeared LAURA CARROLL, 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 g day of 2010
NO Y PUB IC hA
My C ssion EpirejA ^ , ,►G
A, -/. i.E/d,j -/ Printed Name
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WO AND SAFETY
BY: �•Lfir
J Brainar res�m O i r
T).te..- 6
A
Mary Aim Bule, Member
Date: !/ r
Lori Wats n, Me r
Date. -7
ATTEST:
dbristine S. Paule , ler-Treasu�
Date: // /m/0_
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: w
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, Corporate Counsel, 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 29 IN WILLIAMSON RUN, SECTION TWO RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER
IN HAMILTON COUNTY, INDIANA ON JULY 19, 1989 IN PLAT BOOK 1, PAGE 39, AS INSTRUMENT NO. 89-14918
EXHIBIT B
SURVEYOR LOCATION REPORT
1 hereby ccrtity to the partite named above that the real estate described herein was in-,pectedlmder my supero isimn on t11c date
indicated and that to the best of my knowledge, this report coul'orms with the requirements contained in Sections 27 through 29
or 865 IAC I=12 Cor a StIRVEYOR LOCATION REPORT_
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P&H
S. East Street R1
INDIANAPOLIS.
INDIANAPUUS, IN 46227
ENGINEERING/SURVEYING LLC
PHONE: (317) 974-5555
FAX: (317) 974—.5570
David 13. Holley
Professional Surveyor.
Indiana 4890026
Joh No.: 16051037
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JAMES BRAINARD, MAYOR
June 22, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. CONSENT TO ENCROACH — 3734 SHAFER CIRCLE— CONCRETE DECK IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Laura Carroll, owner of the property with a common address
of 3734 Shafer Circle, 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 July 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\3734SHAFERCIRCLEENCROACHMENT.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
C
June 22, 2016
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
e
.JAMES BRAINARD, MAYOR
L
RE: REQUEST FOR VARIANCE (CONCRETE DECK IN EASEMENT) — 3734 SHAFER CIRCLE, CARMEL
INDIANA 46033
Dear Board Members:
Laura Carroll, owner of the property with a common address of 3734 Shafer Circle, has requested a
variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a concrete deck for a
pool in a portion of the lot designated as a 35' 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 concrete deck
or pool.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW16\3734SHAFERC1RCLEREQU ESTFORVARIANCECON CRETEDECK. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
EXHIBIT B
SURVEYOR LOCATION REPORT
I hereby certify to the parties named above that t11e real estate described herein was inspected under my supervision on the date
indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC 1-12 for a SURVEYOR LOCATION REPORT.
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FAX: (317) 974-5570
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Professional Surveyor.
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Job No.: 16051037
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