YEH CTEF, Rot
CONSENT TO ENCROACH WITHIN RIGHT OF WAY Dl
THIS CONSENT TO ENCROACH WITHIN RIGHT OF WAY (hereinafter the
"Agreement") is entered into by and between Scott Yeh and Stacy Yeh, husband and wife,
Carmel, Hamilton County, Indiana, (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 certain real estate which is located within the
corporate limits of the City of Carmel, Indiana which real estate is more particularly described on
Exhibit A, attached hereto and incorporated herein (the "Real Estate"); and
WHEREAS, the Owner has installed a fence on the Real Estate (the "Bncroacbment")
which upon Owner's conveyance of a portion of the Real Estate to the City as right of way (the
"Conveyance") will encroach into those segments of Gray Road and Main Street (the "Right of
Way") which are contiguous to the Real Estate and which are identified on the drawing attached
hereto and incorporated herein by reference as Exhibit B (the "Drawing") in the manner and
locaitons shown on the Drawing; 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.
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:
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 Encroachment from what is depicted on
Exhibit B, and to maintain the Encroachment in good condition and repair.
1
4. Owner agrees that City shall have the right to remove any portion of the
Encroachment as City deems necessary, in City's sole discretion, to install, protect
and/or repair any streets, sidewalks, signs, traffic improvements, utility lines,
sewer lines, drainage ditches or other improvements located in the Right of Way,
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 Encroachment, the Real Estate, or to Owner.
5. Owner agrees and acknowledges that the City's consent to encroach upon the
Right of Way, as provided in this Agreement, regards the City's right of way
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 Right of Way.
6. Owner agrees and acknowledges that the Encroachment, as provided in this
Agreement, does not violate any covenants and restrictions applicable to the Real
Estate.
7. 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 Real Estate, the Right of Way, or
otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 13
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in, on, under, across or to the Right of Way.
8. Owner agrees to reimburse City for any and all costs and expenses incurred by
City to replace or repair any damage to the Right of Way and any improvements
located therein caused by the installation, construction, maintenance and/or
operation of the Encroachment.
9. 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.
10. 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.
11. 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.
2
12. This Agreement shall be effective as of the date on which it is last executed by a
parry hereto.
13. 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 Real
Estate on and after the effective date of this Agreement.
14. Owner agrees not to alter the ground surface elevation within the limits of the
Right of Way at any time.
15. Owner agrees to remedy any drainage problems or issues, saturated soil or
standing water on the Real Estate or adjacent properties determined by the City to
be resulting from the Encroachment.
16. Owner agrees that the Encroachment will not create standing water and/or other
drainage problems that affect the City or adjacent property owners and that, if
such problems arise, the City, in its sole discretion, may itself remove or may
notify Owner who shall then immediately remove, all or any portion of the
Encroachment as is necessary to correct such problems, at Owner's sole cost and
expense.
17. Owner agrees that the water flow from the Encroachment shall be directed away
from all street travel lanes and that water from the Encroachment shall not be
permitted to spray onto, traverse or otherwise come into contact with any travel
lanes or paved areas of any street or street intersection.
18. Owner agrees to repair or replace, at Owner's sole cost and expense and to the
City's reasonable satisfaction, any utilities or improvements (whether located
above, below or on the surface of the Right -of -Way) damaged as a result of the
installation, construction, maintenance or operation of the Encroachment.
19. Owner agrees to install identification tape or identification wire on the
Encroachment that will allow the City to readily determine the underground
location of any Encroachment.
20. Owner agrees to provide the City, to the City Engineer at One Civic Square,
Cannel, hidiana 46032, with not less than thirty (30) days' written notice of
Owner's maintenance, repair or replacement of the Encroachment within the
Right of Way. The City may require Owner, at Owner's expense, to provide
traffic control, signs or other safety features during such construction, installation,
maintenance, repair or replacement.
3
CITY OF CARMEL, INDIANA
By and through its
Board of Public Works and Safety
BY:
James Brainard, Presiding Ofhcer
Date:
Burke,
Date:
Lori S. Wats�I6lemb
Date: Z /Sr 8
ATT T:
Chn tine S. Pauley, C rk-T�
Date:
STATE OF INDIANA )
)SS.
COUNTY OF Ktw. i ICL^ )
_!MI�� 4
i
Date:
Stacy Yeh
Date:
Before me, a Notary Public in and for said County and State, personally appeared Scott
Yeh and Stacy Yeh, husband and wife 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 1 3 day of 'Tinn 2 , 201$.
Notary Public
Printed Name
My Commission Expires: My County of Residence:
El
J.INNEMANtoneouMybswn
141H]
Expltes18,2024
Notary Public
Printed Name
My Commission Expires: My County of Residence:
El
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared J�
UFairtmd, 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 5h day of, 2017
DIANNE WALTHALL
Seal
Notary Public • State of Indiana
Hamilton County
My Co"Stion Expires Mar 18, 2021
My Commission Expires:
CAAp (/ / as -Ail
otary Public A l
i A,u A_ a a
Printed Name
My County of Residence:
42"L&4-4,
Thisinstrument was prepared by Tammy K. Haney, Keller Macaluso LLC, 760 31
Avenue SW, Suite 210, 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. Tammy K. Haney
#118556_2
Exhibit "A"
Project: 16 -ENG -55
Parcel: 1 (Fee Simple)
Encumbers Key No.: 29-10-28-305-001.000-018
A part of Lot 87 in Mohawk Crossing, Section Four, an Addition in Hamilton County, Indiana,
as per plat thereof, recorded in Plat Book 10, Pages 173-174, in the Office of the Recorder of
County and State aforesaid, and being that part of the grantor's land lying within the Right of
Way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B", attached
herewith and made a part of this description by reference, described as follows:
BEGINNING at the Northeast corner of said Lot 87; thence along the East line thereof South 03
degrees 24 minutes 54 seconds East (basis of bearings is taken from a certain Location Control
Route Survey Plat recorded as Instrument number 2016038712 in the Office of the Recorder of
the County and State aforesaid) 7.35 feet; thence South 89 degrees 17 minutes 44 seconds West
58.10 feet to point number "3078" as shown on said Right of Way Parcel Plat; thence South 80
degrees 10 minutes 51 seconds West 77.13 feet to point number "3077" as shown on said Right
of Way Parcel Plat; thence South 63 degrees I 1 minutes 21 seconds West 15.57 feet to point
number "3076" as shown on said Right of Way Parcel Plat; thence South 32 degrees 53 minutes
38 seconds West 13.20 feet to point number "3075" as shown on said Right of Way Parcel Plat;
thence South 23 degrees 20 minutes 23 seconds West 12.69 feet to point number "3074" as shown
on said Right of Way Parcel Plat; thence South 00 degrees 11 minutes 51 seconds West 61.64
feet to the Southwesterly line of said Lot 87; thence along said Southwesterly line North 64
degrees 20 minutes 54 seconds West 4.06 feet to the Southwest corner thereof; thence along the
West line thereof North 00 degrees 10 minutes 37 seconds West 110.88 feet to the Northwest
corner of said Lot 87; thence along the North line thereof South 89 degrees 59 minutes 03 seconds
East 163.97 feet to the POINT OF BEGINNING, and containing 0.065 acres, more or less.
This description was prepared by DLZ Indiana, LLC for the City of Carmel, Indiana on
September 10, 2017 as part of Project No. 16 -ENG -55.
�.("K 4vv�
Alan Brent Cleveland
Registered Professional Surveyor
Number LS80880007
Within the State of Indiana
ORENT CtFi'i
�* VOHHOOO7:*�
STATE OF C)
,ill9
Page 1 of 1
'/// III.. � �``�
EXHIBIT "B" SHEET IOF2
RIGHT OF WAY PARCEL PLAT
Prepared for the City of Carmel, Indiana
By DLZ Indiana, LLC (Job No, 1663-1153-90)
78+00 o 0 0
1�7)� Main Street
71+00
App Existing R/W — —
847 3078
307
3076
c '� 3o7s Residue ��� �U
No Lot 86
846 I 3074 Loth_
ll
76+00 I° h
�$, ,.
40.00'
0 25 50 100
@ Scale: V= 50'
cz
CX O
75+00 a
�¢ Lot 88 I E
844 \ \ c
J C
o Y
CU
d CU
y �
PARCEL: 1 Owners: Scott and Stacy Yeh (H&W) DRAWN BY: CAD
PROJECT: 16 -ENG -55 Instrument Number: 200300100362, Dated 8-8-2003 CHECKED BY: ABC
ROAD: Gray Road
COUNTY: 28milton L3DLZ
SECTION: 28
TOWNSHIP: 18N ENCUMBERS KEY NO. 29-10.2&305-001.000.018
RANGE: 4E INDIANA, LLC
®HATCHED AREA IS THE 157 EAST YLAND STREET
PERMANENT RIGHT OF WAYOXIMATE I DIANAPOLIS INDIANA 46204
Dimensions shown are from the above listed record documents. 317633-4120
EXHIBIT "B"
RIGHT OF WAY PARCEL PLAT
Prepared for the City of Carmel, Indiana
By DLZ Indiana, LLC (Job No. 1663.1153.90)
Point Station Offset Northing Easting
Line "PR -A"
147 See Location Control Route Survey Plat
844 75+71.17 0.00 L 722843.1552 19585.4049
846 77+08.15 0.00 L 722979.8143 19577.1731
847 77+60.47 0.00 R 723031.9766 19577.8801
3074 77+50.00 52.50 R 723016.7605 19628.9241
3075 77+65.00 56.00 R 723028.4077 19633.9498
3076 77+77.00 61.50 R 723039.4918 19641.1187
Line "PR -S -2-A"
863 19+25.18 0.00 L 723107.6918 19657.9469
865 19+95.41 0.00 L 723109.4321 19727.7940
3077 19+30.00 61.00 R 723046.5145 19655.0149
3078 19+90.00 49.50 R 723059.6684 19731.0160
Curve Data
PI=76+39.73"PR-A"
Delta=6°32'25" Lt
R=1200.00'
T=68.57'
L=136.98'
E=1.96'
Curve Data
P1=77+34.46 "PR -A"
Delta=14°59'15" Lt
R=200.00'
T=26.31'
L=52.32'
E=1.72'
Curve Data
P1=19+60.66 "PR -S -2-A"
Delta=20"07'09" Lt
R=200.00'
T=35.48'
L=70.23'
E=3.12'
Curve Data
PI=21+09.36 "PR -S -2-A"
Delta=16°12'48" Rt
R=800.00'
T=113.95'
L=226.38'
E=8.07'
SHEET 2 OF 2
NOTE:
Stations and Offsets Control Over both North & East
Coordinates and Bearings & Distances. \�
SURVEYOR STATEMENT F Q .
To the best of my knowledge and belief, this plat, together with the 'Location Control = Qv NoGQ
Route Survey Plat recorded as Instrument No. 2018038712 in the Office of the = *=80880007=*
Recorder of Hamilton County, Indiana (Incorporated and made a part hereof by -P0
STATE OF
reference) comprise a Route Survey executed in accordance with Indiana Administrative , �NpIANP:' ,
Code 865 IAC 1-12, (Rule 12) / /
C/RY lrOwfvship J• Se tember 9 2017
x1milgon county
PARCEL:
1
PROJECT:
16 -ENG -55
ROAD:
Gray Road
COUNTY:
Hamilton
SECTION:
28
TOWNSHIP:
18N
RANGE:
4E
Owners: Scott and Stacy Yeh (H&W)
DRAWN BY: CAD
CHECKED BY: ABC
LBDLZL
157 EAST MARYLAND STREET
INDIANAPOLIS, INDIANA 46204
317 6334120
Memo
To: Doug Haney, Counsel Corporation
From: Lisa Scott
CC: Jeremy Kashman
Date: 06/15/2018
Re: Consent to Encroach — Scott and Stacy Yeh — Mohawk Crossing Lot 87 — Project #16 -ENG -55
Doug, please approve and stamp Consent to Encroach for Scott & Stacy Yeh in Mohawk Crossing. The homeowner
has installed a fence within the easement. This will encroach into those segments of Gray Road and Main Street in
conjunction for the Main & Gray Road Project #16 -ENG -55.
Thank you,
Lisa Scott
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