13003 Tuscany Blvd2017036393 ENCR $25.00
07/28/2017 02:29:08PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I III III III III II
CONSENT TO ENCROACH ego `�
OCQI
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between John and Shirley Howse,
13003 Tuscany Blvd, Carmel, Hamilton County, Indiana 46032, (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 15 ("Lot") in Hayden Run, Section Number 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 3, Slide Number 56, Instrument Number
200200071381 in the Office of the Hamilton County Recorder on 9-30-2002, as Hayden Run, Section Number 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install a sump pump line discharge 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 Easement and a Variable
Drainage Utility, Sewer Easement and Landscaping and Maintenance Access Easement, identified as "10' D.E." and "VAR
D.U.&S.E:&L.M.A.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 ; 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.
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.
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"
John Howse
, � -k 16L'—'�
Sura a7" (�
Shirle Howse
'Signature /
Date: 7.4P
STATE OF INDIANA )
ISI ' ^ ) SS:
COUNTY OF f�� Y k�w 1
Before me, a Notary Public in and for said County and State, personally appeared John and Shirley Howse, 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 b day of AL 20VV-.
My) si� Expires:
Mary P Jackson
Fmy,co",
Public Seal State of Indiana
Hamilton County
mmission Expires 0110812023
Name
of Residence: R—afyl,ftm
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
M
- 1.7
Mar j: An�Murke, Member/
Date: / 7
Lori Watson, M mbe
Date:
ATTEST:
stine S. Pauley, Cly k-T�a�7e}��
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.
This
Witness my hand and Notarial Seal thisI ' "day of 20 .
NQIAR PUBLIC I - r ,`
mus�s�i�on Expires: 10-0 r) e W a- I:& I'1
Printed Name
WMMU. Nn16In(1LV z,
Sao] My County of Residence:
Notary Pu0c • SM141 Was
Nay ! nmmi8ilon 6g6@a Ma[,16, 2024
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
HAYDEN RUN
SECTION 1
I, the undersigned Registered Land Surveyor hereby certify that the included plot correctly represents a
subdivision of port of the Southwest Quarter of Section 29, Township 18 North, Range 3 East, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter; thence North 89 degrees 35 minutes
32 seconds East (assumed bearing) along the North line of said Quarter Section 1,554.58 feet to the
POINT OF BEGINNING of this description; thence North 89 degrees 35 minutes 32 seconds East along
the sold North line 1,100:02 feet to the Northeast corner of said Quarter Section; thence South 00
degrees 00 minutes 34 seconds West- along the East line of said Quarter Section 1,510.98 feet; thence
North 89 degrees 59 minutes 34 seconds West 100.00 feet; thence North 35 degrees 16 minutes 14
seconds West 345.37 feet; thence North 30 degrees 45 minutes 25 seconds East .38.75 feet; thence
North 59 degrees 51 minutes 57 seconds West 205.00 feet to a point on a curve concave westerly,
the radius point of said curve being North 59 degrees 51 minutes 57 seconds West 265.00 feet from
said point; thence northerly along said curve 72.14 feet to a point on said curve, sold point being
South 75 degrees 27 minutes 50 seconds East 265.00 feet from the radius point of said curve;
thence North 75 degrees 27 minutes 50 seconds West 129.08 feet; thence North 07 degrees 52
minutes 11 seconds East 169.08 feet; thence North 81 degrees 38 minutes 57 seconds West 192.77
feet; thence -North 24 degrees 55,niinutes 09 ,seconds West 92.07 feet; thence North 49 degrees 33'
minutes 28 seconds West 87.64 feet; thence North 78 degrees 12 Minutes 20 seconds West 94.48
feet; thence South 73 degrees 08 minutes 47 seconds West 94.48 feet; thence South 44 degrees 29
minutes 55 seconds West 127.87 feet; thence North 00 degrees 00 minutes -34 seconds East parallel
with the aforesaid. East line 749.48 feet to the place of beginning. Containing 24.967 acres, more or
less; subject to all legal highways, rights—of—ways, easements, and restrictions of record.
This subdivision consists of 22 lots numbered 1-22 (both inclusive) and 3 Common Areas labeled C.A
#1-3 (both inclusive). The size of lots -and width of streets are shown in feet and decimal parts
thereof.
Cross—Reference is hereby made to o survey plat prepared by Stoeppelwerth & Associates, Inc. in
accordonce with Title 865, Article 1, Chapter 12 of the Indiana Administrative Code recorded as
Instrument Number 200200015728 in the Office of the Recorder of Hamilton County, Indiana.
I, the undersigned, hereby certify that I am a Registered Land Surveyor, licensed in compliance with
the lows of the State of Indiana and that the within plat represents a subdivision of the lands
surveyed within the cross referenced survey plat, and that to the best of my knowledge and belief
there -has been no change from the matters of the survey revealed by the cross—reference survey on
any lines that are common with, the new subdivision.
Witness my, signature this KA day of _ OftbL , 2002.
S:40605S1/LEGAL/PLAT
October 30, 2001
CRM(R) EEF(F)
March 7, 2002 (Rev.)
ennis D. Olmstead
Registered Land- Surveyor "11111III18
No. 900012f�'
a 1, No
900012
STATE OF
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JANIEs BRAINARD, IMAYOR
July 11, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Sump Pump Line) at 13003 Tuscany Blvd.
Dear Board Members:
A Consent to Encroach document signed by John and Shirley Howse, owners of the property with the
common address 13003 Tuscany Blvd, 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 19, 2017 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, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
EL
CIT
J,,,,mF.s BRAINARD, IMAYOR
July 11, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Sump Pump Line) at 13003 Tuscany Blvd.
Dear Board Members:
John and Shirley Howse, owners of the property with the common address 13003 Tuscany Blvd, have
requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a sump pump
line and discharge within a portion of the lot designated as an easement. Generally, the sump pump line
and discharge is proposed to be installed at the location indicated on the attached exhibit.
It is not expected that the improvements at the proposed location will result in a Detriment (as defined by
City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the
conditions recommended below). The Engineering 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. (we will record the agreement for you)
2. Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the
installation of the sump pump discharge line 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 sump pump discharge line
if such approval is required by the restrictive covenants of the development.
4. Petitioners shall ensure that the person installing the sump pump line discharges the water above
the top of bank of the pond in a manner as to not cause erosion to the pond bank.
Respectfully,
��X 7�2�
Jeremy Kashman, PE
City Engineer
EXHIBIT B
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113 jPt.dpdsed Sump ,
_ Line 104
114 . ~ �.
40
s� Pop -Up Style
discharge
LA VAR. D.U.&S.E.
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16 1
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RECORD DRAINING
® Proposed Encroachment