3350 Shelborne Woods Pkwy2018022053 ENCR $25.00
05/23/2018 10:49:24AM 8 PGS FDS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I I II I I II III I I I II
CONSENT TO ENCROACH Z
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Basavaraj Hooli and
Isabella Palazzolo, 3350 Shelborne Woods Pkwy, 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")
LVIVNIMMIMCNIN
WHEREAS, Owner owns in fee simple Lot 99 ("Lot") in Woods at Shelborne, 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 5, Slide Number 396, Instrument Number
2015050827 in the Office of the Hamilton County Recorder on 9/28/18, as The Woods at Shelborne, Section Number 1 (the "Plat");
and
and
WHEREAS, the current Owner wishes to construct a permeable patio and landscaping on the Lot (the "Site Improvement");
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 "20' Drainage & 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 ; 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.
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.
KITIMMIX
Basavaraj H&4
s
Signature
Date: 161 A� K J—A t g
PalazzoloIsabella
Signature
STATE OF INDIANA )
SS:
COUNTY OF V )
Before me, a Notary Public in and for said County and State, personally appeared Basavaraj Hooli and Isabella Palazzolo, by
me known, and who acknowledged the execution of the foregoing "CONSENT TO ENC OACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this day of , 20
My Comm i E
+ �WyeK"',
, SUSAN M. ROBERTS
' ` Hamilton County
"CITY"
a _�; My Commission Expires
"¢Ft,'• Match 9, 2022
NOT.
wed Name
My County of Residence:
V.
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKTANIA SAFETY
BY: / l ? PP _
James Brainard, Presiding Officer
ATTEST:
PWA14
Christine S. Pauley,r
Zvrr
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 A— day of MAt4 2016.
NOTARY LIC
My Commissi���72,3
Expires- li�t�i�Ul� F, M'tf
Printed Name '
My County of Residence:i�ii
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
Connie E. Murphy
Notary Public
Seal
Hamilton County, State of Indiana
Commission No. 669761
My Commission Expires 6-29-2023
EXHIBIT A
1, the undersigned Registered Land Surveyor hereby certify that the included plot correctly represents
a subdivision A part of the Northwest quarter of Section- 32, Township 18 North, Range 3 East. Cloy
'township, Hamilton County Indiana more particularly described as follows:
Commencing at the Southwest corner of the Northwest Ouarter of said Section 32, thence North 40
degrees 05 minutes 12 seconds East 660.00 feet along the West line of said Quarter Section;
thence North 89 degrees 28 minutes 29 seconds East 40,00 feet to the East Right—of—Way of
Shelborne Road and the POINT OF BEGINNING of this description; thence North 89 degrees 28
minutes 29 seconds East 1,705.00 feet to the approximate centerline of an Open Ditch (Long
Branch Drain & JW Bendel Drain); thence along the centerline of said Waterway by the next three
(3) courses: 1) South 15 degrees 08 minutes 28 seconds West 429.29 feet; 2) South 56 degrees
49 minutes 17 seconds West 398.87 feet; 3) South 79 degrees 18 minutes 53 seconds West 178,07
feet to the South line of said Quarter Section; thence South 89 degrees 28 minutes 29 seconds
West 1065.00 feet to said East Right—of—Way of Shelborne Road; thence along the East
Right—of—Way line by the next three (3) courses: 1) Worth 00 degrees 05 minutes 32 seconds East
33.83 feet; 2) North 14 degrees 51 minutes 40 seconds West 77.62 feet; 3) North 00 degrees 05
minutes 12 seconds East 550.96 feet to the place of beginning, containing 23.511 acres more or
fess.
This subdivision consists of 25 lots numbered 78 — 102, (all Inclusive) and 4 Common Areas labeled
Common Area "A". ` "I `C.'; and `fl" (all inclusive). The size of lots and width of street are shown
in feet and decimal ports thereof.
jmvms BRmNARD, MAYOR
April 25, 2018
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (permeable patio and landscaping) at 3350 Shelborne Woods Pkwy
Dear Board Members:
A Consent to Encroach document signed by Basavaraj Hooli and Isabella Palazzolo, owners of the property with the
common address 3350 Shelborne Woods Pkwy, 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 May 2, 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,
'a, -
,,
Chris Ogg, PE
Assistant City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
�k
April 25, 2018
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (permeable patio and landscaping) at 3350 Shelborne Woods Pkwy
Dear Board Members:
Basavaraj Hooli and Isabella Palazzolo, owners of the property with the common address 3350 Shelborne Woods Pkwy,
have requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a permeable patio and
landscaping within a portion of the lot designated as an easement. Generally, the improvement 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
improvement 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 improvement if such approval is required
by the restrictive covenants of the development.
Respectfully,
a 0
Chris Ogg, PE
Assistant City Engineer
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