Plitt - 1337 Edinburgh Drive2018011203 ENCR $25.00
03/20/2018 01:56:45PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I II II V I I I II I II
CONSENT TO ENCROACH
s
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Steve and Marcia Plitt,
1337 Edinburgh 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 187 ("Lot") in Worthington Estates, Section Number 4 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 2, Slide Number 75, Instrument Number
9809804381 in the Office of the Hamilton County Recorder on 1-29-1998, as Worthington Estates, Section Number 4 (the "Plaf'); and.
WHEREAS, the current Owner wishes to install paver and rock steps 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 Variable Width Detention,
Drainage, and Utility Easement, identified as "Var. Width Detention, Drainage, and Utility Esm't" 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
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.
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.
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.
r
Ste n
Signature
Date: i%1 %/7�° 7
Marcia Plitt
Signature
Date: //1/7 6!n 7
STATE OF INDIANA )
11 c ) SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Steven and Marcia Plitt, 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 a day of Y,4MLg1 , 20L
NORM PUBLIC`
My Commission Expires: .Pam e �{C
J �, r—LN Printed Name
y County of Residence:
=01AMUA . LUXRes: Hamilton
Expires 4-25-2023. 665220
'�'U 1
Approved and Adopted this day of CCS Mbf � , 201 1 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY: (�
James Brainard, Presiding Officer
Date:
i
Lori S Wats , Member
Date: f a-C� l
S. Pauley,
Date:
This instrument was prepared by Douglas C. Haney, Esquire, Corporation Counsel, One Civic
Square, Carmel, Indiana 46032
I affirm, under the penalities 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
1, rho uriderrrgnod, a rcgWwW hind surveyor in the State of lmdWw hereby certify that the within plat
rapeeseats a subdivision prepared under my aipervinon of the following described rod astate hxtatod in the
Nastbnvest Quarter of Section 20, Townhip-18 North, Range 4 Fast in Clay Township, Ham moo County,
lndisoa:
COhW NCING at the Southwest comer of the Northwest Quartan of Section 20, Towmd* 18 North,
Range 4 East; thence North 00 dognm 00 minutes 00 seconds (wad mod bearing) on the West line of said
Northwest Quarter 475.70 W to b interecction with the Southoataly lire of a 66 foot wide Ea me nt
- fpood to Public Service Company of Irdism Inc. by the asegomeat thcreo& recorded on pop 200 of
Dodd Record 130 in the Office of ilia Recorder of Hamilton County. Indiana, said Easement being the right-
of-way of tho indao@pWb Northam Traction Company as dowribed in a Dead recorded on page 35 of Deed
Record 84 in said Recorder's Office, said Southeasterly line of said Ftsemexnt basing err the Southerly lice of
WORINWIDN MATES, SECTION ONE, a atbdiviaion is H n *w Crusty, Indium the Socondary
Phe of which it recorded as Instrumaht Number 9426917 in Phi Cabinet Ono on SYde No. 423 in said
Recorder's Of x, thence North 66 dogma 21 minutes S 1 wooeds East on the Southeasterly line of said
Emma a distance of 379.72 lathe to the PLACE OF BEGINNING of the within dmribed subdivision at
the Southeasterly comer of LOT Y 184 in said plea of WORTHINGTON ESTATES, TES, SECTION ONE; (the
f)lbwig five cow= we oa tho Eaaterly and Soudwmterty perimeter bcwkwy lines of stud
WOR IOUION ESTATES, SECTION ONE) 1.) thence North 00 dugrces 00 minutes 00 soow06
323.38 feet; 2.) them South 90 degrees 00 minutes 00 seconds East 43.05 feet; 3.) thence North 00
degrees 00 rrioutes 00 wounds 133.88 feat; 4.) thence North 47 degrees 52 ninnies 26 seconds East 465.49
feet; 5.) thence North 35 degrees 07 minutes 48 sacoods East 284.79 feat to the Southerly lase of
WOODGATE, SECTION 7A. a o bdivision in Hamilton County, Indiana. the Socosdny Plat of which is
recorded a Instrument Number 9212169 in Plat Cabinet One on Slide No. 224 in said Recorder's Ounce;
(the fo0owigg ci& courses aro on the Southerly, Southwestcrhr, and Sou headerfy perimeter boundary
lines of aid plat of WOODGATE, SECTION 7A) 1.) thence North 77 degrees 29 minutes 18 seconds East
151.68 feet; 2.) thence South 52 degrees 24 minutes 03 s000nds East 99.64 feet; 3.) thence South 41
dcgtoa 01 minute 05 seconds East 50.00 feet, 4.) thenoe South 48 degrees 58 manes 55 soconds west
16.60 foot to the point of curvature of a nave to the Ick the radius point of whs h lies 325.00 fret South 41
degrees 01 minute 05 seconds East froru said point of curvature; 5.) thence Southwesterly, auvirg to the
left on said awe, an arc distance of 8.17 feet; 6.) thence South 56 degrees 33 minutes 44 seoonds East
155.59 feet; 7.) thence North 48 degrees 58 minutes 55 seconds East 61.20 fiat; 8.) thence North 52
degree 49 minutes 15 seconds East 194.17 foot to the Northwesterly comer of LOT:N197 in WOODGATE,
SECTION SIX, a subdivision in Hamilton County. Indiana, the Scoordary Plat of which is recorded as
Inswmant Number 9134344 in Plat Cabinet One on Slide 211 in &aid Recorder's Office; (the Wowing two
courses sue on the Westerly perimeter boundary line of said phi of WOODGATE, SECTION SM 1.)
thence South-23'degrees 37 minutes 05 seconds East 178.46 feet, 2.) thence South 33 degrees 13 minutes
40 seconds West 122.43 fed to the Northernmost comer of BLACK "A" in WOODGATE, SECTION
TWO, a subdivision in ilamilton County, Lndiarha, the Secondary Plat of which is recorded on pages 46 and
47 of Plat Book 13 in said Recorder's OF=, thence South 66 degrees 21 minutes 51 seconds West on the
Northerly line of said BLACK W. a distance of 171.91 feet to the Northwesterly comer of said BLACK
'V; ; thence South 00 degrees 01 minute 21 seconds West on the West line of said BLOCK "A", a distance
of 232.54 fix to the Southeasterly line of the aforesaid 66 foot wide Easement assigned to Public Service
Company of Indiana, Inc.; thence South 66 degrees 21 minutes 51 seconds West on said Southeasterly line
1065.01 feet to the place of beginning, containing 14.063 acres, more or less.
Subject to an Eaaament assigned to Public Service Company of 6diara, Inc., as per assignment thereof
recorded on page 200 of Dcod Record 30 in the Office of the Recorder of Hamilton County, Indiana
Subjux to all other L-10 ewwwr a and rights-of-way.
This subdivision consists of twenty five lots, numbered 173 through 181, 185 through 193,199 through 205,
and Block "A", together with streets all as shown on the w6n plat. The size of the lots and the width of
the street righl"Pway is shown in figures demoting feet and decimal pans thereof.
/f{,1t7ESlI2icPLocR'T+°tr STNS
I�JJ/A75771'Ll. t( �� �sL�Dp�
91vY P�� &P
Plot' Plan.
Scale: 1 " = 30'
/33 y � u,� `I l,''
LOT 187 IN WORTHINGTON ESTATES SEC. 4, A SUBDIVISION' IN HAMILTON COUNTY, INDIANA
AS PER PLAT THEREOF, RECORDED AS INSTRUMENT NO. 9809804381. IN P.C. NO.2
SLIDE NO. 75. IN THE OFFICE OF THE .RECORDER OF HAMILTON COUNTY, INDIANA
109 No:
•eperod For: '99!-302 r
gmwHDr: ®:1NMHE 'ENGINEER=S, INC:
r 'cEi -LIE'
11150§ NORTH COLL60E AVENUE ALLAN H. wnxc.
IR.AD G 0 0 T EE cxecxrn BT.— ® INDIANAPOLIS, INDIANA 46280 MICHAEL
pICN-¢L S Oe9aT. LS.
J.Y. ® (317) 948-6611 ncs-rxrsorl+r
nAT .
Yr l87 IN WORTHINGTON ESI'. SEG.. 4,'IIA611LTON COUNTY. I LANA _ 12_2_99 nwi sxcixisas LAND sunvcroas LAND PLAM
. WIABLE8.
The subject 'property -does not lie within a Special
Flood Hazard none as plaited by scale on the :Federal�iE.�E
-
Emergeiicy Mahogement' Agency, National. nood'lnsuronce
Progrom, Flood Insurance Rate Map Community -Panel
SHO -N
Number 180.081 0003 C. dated May 19. 1981
0r1 PLHS
TYPICAL. SWALE SECTION
NOTE: Utility laterals are shown based upon
(No scud
approximate locaticins taken from -ihe development
plan and may vary from their adtuol location;
'Holey Maley' Boys.
LEGEND:
"DON'T DIG BLIND"
Existing elevations as shown herein were taken
ear uwruw __0 "d", xu m e. w
from developm4n!'plon and rrfay vary somewhat
Water line. Ei lot.
1-800 1-800
from measured elevations obtained at the time.
— — San. 'Sewer• line & .lot:
382-5544 428-5200
the. house is stoked.
/111.11 Existing "Elevation.
Wb„ aa_ aIw 1n6ano
Per Indiana State Low IS -69-1991, it is
Q Ffi(&§ed Eledotion
against the Low to excavote without
Drainage Flow
9tifying the underground location service
two (2) working days before commencing
'work.
/f{,1t7ESlI2icPLocR'T+°tr STNS
I�JJ/A75771'Ll. t( �� �sL�Dp�
91vY P�� &P
Plot' Plan.
Scale: 1 " = 30'
/33 y � u,� `I l,''
LOT 187 IN WORTHINGTON ESTATES SEC. 4, A SUBDIVISION' IN HAMILTON COUNTY, INDIANA
AS PER PLAT THEREOF, RECORDED AS INSTRUMENT NO. 9809804381. IN P.C. NO.2
SLIDE NO. 75. IN THE OFFICE OF THE .RECORDER OF HAMILTON COUNTY, INDIANA
109 No:
•eperod For: '99!-302 r
gmwHDr: ®:1NMHE 'ENGINEER=S, INC:
r 'cEi -LIE'
11150§ NORTH COLL60E AVENUE ALLAN H. wnxc.
IR.AD G 0 0 T EE cxecxrn BT.— ® INDIANAPOLIS, INDIANA 46280 MICHAEL
pICN-¢L S Oe9aT. LS.
J.Y. ® (317) 948-6611 ncs-rxrsorl+r
nAT .
Yr l87 IN WORTHINGTON ESI'. SEG.. 4,'IIA611LTON COUNTY. I LANA _ 12_2_99 nwi sxcixisas LAND sunvcroas LAND PLAM
JAMES BRAINARD, MAYOR
November 22, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Paver and Rock Steps) at 1337 Edinburgh Drive.
Dear Board Members:
A Consent to Encroach document signed by Steve and Marcia Plitt, owners of the property with the
common address 1337 Edinburgh 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 December 6, 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
jAmEs BRAmARD, MAYOR,
November 22, 201:7
Board.ofPublic Works .:and Saf&ty.
One Civic: Square
Carmel, IN 46032
Re. .Request quest for. Vaiiafice,(Paver and.Ro& Steps) 1 At 1337 Edinburgh Drive.
Dear Board .Members:
1
Steve :and: Marcia , Plitt, owners hof the; ptqgor�yyit ,.with he , 'C"
omm n 13�7 Edinbuit& D
Wits- - have
'C -227
requested.a varianoe ftom: armel CityVodd Sedtion §6.; 4)(4) for the installation of'paver. and rock.
steps within: a, portion of ih& lot designated a"s.".- easement G ndndly, :the t
ate d b
gn s�qps arevroposo
installed
111- 6 attached exhibit.
Itig not rov&mdntsat4Opr" —6d'location Will, result i. na. Detriment defined by
expected. qpps .
C-0. 4-J e imp,
City Code) to the subject propdky or the adjacent
properties. (providedthe petitioner adheres to the
pe g Department recommends that the,Board conditions recommended below) The Engineering
pam approve the,
variance doftdition&dri the fbiloWing (as. discussed With the petitioners);
dr
1. Petitioners . enter into a 'Consent-mto-wEncroach Agreement, with the City and record;th6.-
Agreementwill Wil agreement for you)
. -a, the
I Retitioners(and ,successors -And assigns) agree Aoremedy any Arainage-. issues resiAtipa from the
installation of the.. steps-iha e
in:the of the City, tep resents q.Detriment -,as defined in City'
code.
:8. -PbUtioners shdIlObtairt approval from the HOA for installation of the steps if such Va
Appro -I.js.
required by the restrictive Covenants d -the deVelobindht.
0, y ... rest' .1ve