Colvin - 14529 Taylor Trace Drive2018011205 ENCR $25.00
03/20/2018 01:56:45PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I II II V I I I III II
CONSENT TO ENCROACH
d�
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Timothy and Monica
Colvin, 14529 Taylor Trace 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 4 ("Lot") in Taylor Trace 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 131, Instrument Number
200300006061 in the Office of the Hamilton County Recorder on 1/15/2003, as Taylor Trace (the "Plat"); and
WHEREAS, the current Owner wishes to install a pool, concrete patio and retaining wall 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 and Utility Easement,
identified as "30' Drainage and Utility 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 a IIS and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
a
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:
I. The foregoing preambles, recitations and definitions are made apart 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.
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"
Timothy Colvin
Signature
Date:
Monica Colvin
Signature
Date:
STATE OF INDIANA )
SS:
COUNTY OF Oh
Before me, a Notary Public in and for said County and State, personally appeared Timothy and Monica Colvin, 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 d�day of re4rWevu 20LIf.
My Commission Expires:
7-,5-.2 oo
„ice it OFFICIAL SEAL
JOHN JAMES COX
NOTARYPUBLIC -IND IANA
`\ P HAMILTON COUNTY
My Comm. E)(plms July 5, 2020 '
T LIC
Jp., n,�s
Printed Name
My County of Residence:ctm ®�yl
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: 9,
'Jes Brainard, Presiding Officer
Date: . .9 % ' /P
Date:
Lori'
Date:
ATTEST:
Christine S. Pauley, Cler reasurer
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 &d -ay of , 20�u.
NOTARY PUBLIC
My Cammission Expires: Gni UV a-L�t-M t t(y l
lc 2 Printed Name
D'A'dNF 1A'4LTHALL
Notary Pouitu My County of Residence:
Hamilton Gounry
My Cotnm'ssio �x its r tee, Corpor
This instrument ate 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
I, the undersigned, a registered land surveyor In the State of Indiana, hereby certify
that the within plat represents a subdivision prepared under my supervision of the
following described real estate located In the Northwest Quarter of Section 20,
Township 15 North, Range 4 East of the Second Principal Meridian In Clay Township,
Hamilton County, Indiana:
Commencing at the Northwest comer of the Northwest Quartor'of Section 20,
Township 18 North, Range 4 East; thence North 90 degrees 00 minutes 00 seconds
East (assumed basis of bearings) on the North line of sold Northwest Quarter
200.00 feet to the Northwesterly corner of real estate conveyed to the Hamilton
County Highway Department of Hamilton County, Indiana, per a Warranty Dead
recorded as Instrument Number 199909972212 In the Office of the Recorder of
Hamilton County, Indiana; thence South 00 degrees 47 minutes 19 seconds East on
the Westerly line of said real estate 53.48 feet to the Southwesterly comer of said
real estate, said comer being the place of beginning of the within described
subdivision; thence North 90 degrees 00 minutes 00 seconds East parallel with the
North line of sold Northwest Quarter and on the South line of sold Highway
Department real estate 308.09 feet to a point on an Easterly line of land deserlbed
In a Warranty Deed recorded as Instrument Number 200200071091 In said Recorders
Office, sold fine extends South 00 degrees 44 minutes 55 seconds East from a
point on the North line of sold Northwest Quarter that is 508.13 feet East of the
Northwest comer of sold Northwest Quarter; thence South 00 degrees 44 minutes 55
seconds East on sold line 146.52 feet to a point that is 200.00 feet South 00
degrees 44 minutes 55 seconds East of said North line; thence North 90 degrees 00
minutes 00 seconds East parallel with said North line 150.00 feet; thence South 00
degrees 44 minutes 55 seconds East on the Easterly line of sold real estate
described In sold instrument Number 200200071091, a distance of 454.56 feet to
the Southeasterly comer of sold real estate, sold comer being on the North line of
Worthington Estates. Section Three, a subdivision In Hamilton County, Indiana, as per
plat thereof recorded In Plot Cabinet One, on Slide 644, as Instrument Number
9565242 in sold Recorders Office; thence North 90 degrees 00 minutes 00 seconds
West on the South line of sold real estate 457.67 feet (measured, 457.76 feet per
the aforesaid Warranty Deed recorded as Instrument Number 200200071091) to the
Southwesterly corner of said real estate on a line that Is parallel with and 200.00
feet East of the West line of sold Northwest Quarter, thence North 00 degrees 47
minutes 19 seconds West parallel with sold West line 601.09 feet to the place of
beginning, containing 5.813 acres, more or less.
Subject to all legal easements and rights—of—way.
This subdivision oonsists of twelve (12) lots, numbered 1 through 12, together with
three (3) areas designated as Block "A", Block "B" and Block "C", and also
rights—of—way for a Street, all as shown on the within plat. The size of the lots
and width of the street right—of—way Is shown in figures denoting feet and decimal
parts thereof. 1111111
y``p111 flgr�
WIl-na33,4Py signature fhlday of 4110 a ? 2002
ian H. We he, a S. I dtt a H 10 98
re undersigned; g' r4ngmill �u(c�ore, pric., ie owner and dove$g� of p�T�in
described real estate, by Kent Shipley and Marvin Taylor, do h db c y$t t e
have laid off, platted and subdivided and do hereby lay off, pt d diode a�d:
real estate In accordance with the within plat.�i �M.� m
This subdivision shall be known and designated as TAYLOR TRACEVy"
subdivision for single family residences in Hamilton County, Indiana. X1111111111111
All streets shown hereon and not heretofore dedicated are hereby dedicated to the
public for the purposes Intended.
This sub visl n s 9 bet to the covenants and restrictions recorded as Instrument
(lumber In the Office of the Recorder of Hamilton County,
Indiana.��
WI ur signatures this �3 day of &� 2002
pringml (dere, Inc. Sprfngmlll Builders, Inc.
by Ken ipley by Marvin Taylor �
4
County of rry FiledlforlReeard in �E
S HAMILTON COUNTY INDIANA F
) JENNIFER J HRYD&N
State of Indiana
01-15-2003 01:04 pm.
Before me, the undersigned Notary rucu lin ana ror saicluounry ane brace;
personally appeared Springmlll Builders, Inc. by Kent Shipley and Marvin Taylor, who
acknowledged the execution of the foregoing as their voluntary act and decd for the
purposes therein expressed. c -
Witness my hand and Notarial Seal this d -day of -r) � 02.
Signature:
Printed name: tyangft
My Commission expires: r — —
My County of residence: IV
Sheet one of one
TAYLOR TRACE M PLOT P L_A
INST.#2003-00006061 II
LOT #4 — SECTION 1 PREPARED FOR
CITY OF CARMEL, INDIANA DREES HOMES
14529 TAYLOR TRACE DRIVE
HOUSE TYPE: SAVOY - "B" - FULL BASEMENT
OPTIONS: - 12'x10' CONCRETE REAR PATIO
- 2 -CAR FRONT -LOAD GARAGE
LOT SIZE:
12,455 SQ.FT.
CONC. DRIVEWAY.
7341 SQ.FT.
PUBLIC WALK:
328± SQ.FT.
PRIVATE WALK:
81± SQ.FT.
SEEDING:
4,671± SQ.FT.
SOD:
572± SQ.YO.
GRADE FLOWUNE�X
AS PER PLANS
TWICAL SOALE SECTION
FRONT
DETAIL OF TYPICAL STORM
WATER FLOW PATTERN FOR
INDIVIDUAL LOTS
NOTE: BUILDER TO ENSURE POSITIVE
DRAINAGE AWAY FROM STRUCTURE(!
146' in total N -S Lenath
J
N
NOTEE
DRIVE LOCATIONS.
S. CONFORM WITH CITY WIDTH
CARMEL STD.
- 1FiE LOCA710N5, ONFN90N5, AND NiDTH ALONG THE PROPOSED PUBLIC SIDEWALK WERE SCALED
OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS PREPARED BY OTHERS OR AS PROVIDED.
- VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION
- IT SHALL BE THE RESPONSISIUTY OF THE BUILDER/CONTRACTOR TO VERIFY THE BUILDING
000.0 — PROPOSED GRADE DIMENSIONS, BUILDING LOCATIONS. THE LOCATION OF OTHER PERTINENT FEATURES AND
ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THE INTENDED USE OF THIS PLOT PLAN IS
000.0 — EXISTING GRADE FOR SECURING BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTHER PURPOSE.
]ANDDCVFLOPAMCG'aMTfNG DRWN: TAT DATE: 11/30/10 SCALE
11
LAND SURVEYING SERVICES JOB* 10-383 REV -
True N rfh 11M0u0ROAD, SrFJIDOW89 ZONED: I F.F.E. HSE: 845.3-
SUNey i LLG PHONE
FMMES,
ZONING: SPECIAL SIDE F.F.E. GAR. 844.4'
rX�, (3I"1$734 F.F.E. BSM'T. 835.3'
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1 ++ t
CITYO ARMEL
JANIES BRAINARD, VIAYOR
February 7, 2018
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (pool, patio and retaining wall) at 14529 Taylor Trace. Drive.
Dear Board Members:
A Consent to Encroach document signed by Timothy and Monica Colvin, owners of the property with the
common address 14529 .Taylor Trace 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 February 21, 2018
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,
0--�;2�,�
Jeremy Kashman, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
J,sovms BRAINARD, MAYOR
February 7,2018
Board of Public Works ,and Safety
One'Civic Souare
Cannel, IN'46032
Re:Reggest for. Variance (pool, patio and retaining wall) at 14529 TiLylor ra e T c 'WiVe.
Dba* f.B04fdMernbers:
Timothy dMonica Colvin, .owners .6f the property:with th6.c6hnbn ad. s'-29 Taylor
havO.requested avariance from CarnO'Clfy Code Section §6-227 (a)(4) for the installation of a
pool)
patioand•retaini wall Within.A.portiog:of the lot,d'es"' ted. as,anpa�se t'.Generally;thi
49 ign .: P Unproverriph
igpr6posedto-beinstalled at th lo -cation "indicated orithdattached exhibit.
It is not expected 64t'thdf6V6 h 'd location will result inents At the propose oc4ti
: o a D -& (as defined,b
y
City, Code) to the subject : property or :the: adjacent properties:.(provided the, petitiqqq adheres to the
'conditions rec6ftAnbndeA:b-eloW). The Eft D --ft- 't c6ftiffiOnds that INd Board en.,TQ approve the
variance .cbndiifiiondd, uponthe -following s4i cu sod With the petitioners):;
'l. Petiiioiiersenter :into aC-bnsentiorEnoroachAgreement lwith the City`
will .record the i qgrqement for. You)
I petlti6ners:(and successors and ;assigns) ag' to
"Mn.ed.,y
any dra1h4ge is -sues. ;resulting
iAg
from the.installation-of th' thin the opinion 0f the City, represents a: Dtrment
as: dofined,m
City Coder
3. Petitioners'shall obtain approval:from the HOA for installAtion,Dtthe improvementf
i such approval is
required by the re . st4dtiV.e,-c0vdhahts- of e� develop idiA
y el the; ii
4. Petitioner shaft :ensure that the.swale is' graded according to the approved swale cross, section for
Taylor Trace.
ar
AIM
34!