13515 Dunes Drive2018043729 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented SAG
II II II II I II I I I I I I I I II I II
CONSENT TO ENCROACH 2
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Andrew and Stephanie
Eddleman, 13515 Dunes Drive, 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 152 ("Lot") in The Parks at Springmill, Section Number 5 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 1, Slide Number 751, Instrument Number
960965390 in the Office of the Hamilton County Recorder on 12/26/1996, as The Parks at Springmill, Section Number 5 (the "Plat");
and
WHEREAS, the current Owner wishes to install a fence 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 Utility and Sewer
Easement, identified as "10' DU & SE" 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.
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"
Andrew Eddleman
Signatur / 2
Date: /
Stephanie Eddleman
t � haze
Signaturej
Date: Z
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Andrew and Stephanie Eddleman, 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 ► _ n(tV(h , 20n.
ARY PUBL C j 0,.
My �rm issi 7Expire.,s:` / OL `E'((� (jl
)) �r I // �J'` J Printed Name
My County of Residence: 46&t 4 1 o "
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on County
My Commission Expin3s
October 17, 2024
My County of Residence: 46&t 4 1 o "
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: d-7
Brainard,
Mary AnnBurke, Mqe _ /'
Date: //
Lori Watson, Me ber hr
Date: 17
ATTEE
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 day of , 20JJ.
N Y PUBLIC 'A�
M Co fission E AR
OIANNE W14LTHALL ZANtiF_ �U%�L-77-YAQ
Seel Printed Name ,
NotaryPublic • Statcof Indiana
Hamilton County My County of Residence:
My Commission Expires Mar 16, 2024
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
EXHIBIT A
L4W QESCRPlM
Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North,
Range Three (3) Eost of the Second Principal Meridian in Hamilton County. Indiana, described
as follows:
Commencing, at a 'PK` Nail, at the Northeast comer of the Northwest Quarter of said
Section 26; thence South 88 degrees 40 minutes 51 seconds West (assumed bearing) along
the north line thereof 1085.17 feet to the Point of Beginning, also being the northwest caner
of The Parks at Springmill Section 4, a subdivision in Hamilton County, Indiana, the plat of
which is recorded as Instrument Number 9602766 PC 1 Slide 552 H the Office of the
Recorder of Hamilton County (the next five courses being along the westerly line thereof);
thence South 01 degrees 19 minutes 09 seconds East 45.00 feet; thence South 44 degrees
47 minutes 21 seconds East 227.12 feet; thence South 05 degrees 00 minutes 00 seconds
East 261.13 feet; thence South 38 degrees 30 minutes 00 seconds East 65.57 feet to a
curve having a radius of 1175.00 feet, the radius point of which bears North 38 degrees 05
minutes 42 seconds West; thence Southwesterly along said curve an arc distance of 63.47
feet to a point which bears South 35 degrees 00 minutes 00 seconds Eost from said radius
point, said point also being on the Northerly line of The Parks of Spfingmill Section 3, a
subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number
9447037 PC 1 Slide 488 in the Office of the Recorder of Hamilton County (the next five
courses being along the northerly line thereof); thence South 55 degrees 00 minutes 00
seconds West 276.23 feet to a curve having a radius of 1175.00 feet, the radius point of
which bears North 35 degrees 00 minutes 00 seconds West; thence Southwesterly along sold
curve an arc distance of 10254 feet to a point which bears South 30 degrees 00 minutes
00 seconds East from said radius point; thence South 60 degrees 00 minutes 00 seconds
West 369.50 feet; thence South 30 degrees 00 minutes 00 seconds East 8.10 feet; thence
South 60 degrees 00 minutes 00 seconds West 117.63 feet; thence North 31 degrees 33
minutes 38 seconds West 86.94 feet; thence North 18 degrees 35 minutes 08 seconds West
105.78 feet; thence North 05 degrees 00 minutes 00 seconds West 597,42 feet; thence
North 34 degrees 48 minutes 07 seconds East 234.13 feet; thence North 01 degrees 19
minutes 09 seconds West 45.00 feet to the north line of said Northwest Quarter; thence
North 88 degrees 40 minutes 51 seconds East along said north fine 555.76
feet to the Point of Beginning, containing 14.677 acres, more or less.
THIS SUBDIVISION CONSISTS OF 49 LOTS, NUMBERED 110 THROUGH 158 TOGETHER
WITH STREETS AS SHOWN HEREON.
THE SIZE OF LOTS AND WIDTHS OF STREETS AND EASEMENTS ARE SHOWN IN
FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF.
CROSS-REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT
NUMBER 9442799 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA.
1, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR,
LICENSED IN COMPLIANCE WITH THE LAWS 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 SURVEY REVEALED BY
THE CROSS-REFERENCED SURVEY ON ANY LINES THAT ARE COMMON NTH THE NEW
SUBDIVISION. 1 FURTHER CERTIFY THAT THE SAID SUBDIVISION WAS PLATTED UNDER
MY DIRECT SUPERVISION AND CONTROL AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF:
WITNESS MY SIGNATURE THIS ___22H _DAY OF [�ECEM+LiL199-0.
BRADLEY P. OTTREGISTE\\llltllitJJ�Ji
NDIANAREO LAND 96000SURVEYOR `,§ \.0-Y p
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.JAMES BRAINARD, MAYOR
3/27/2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 13515 Dunes Drive
Dear Board Members:
L
A Consent to Encroach document signed by Andrew and Stephanie Eddleman, owners of the property
with the common address 13515 Dunes 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 April 5, 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,
Chris Ogg, PE
Assistant City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
DEPARTMENT OF ENGINEERING
ONE CMC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
C
3/27/17
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
.JAMES BRAINARD, MAYOR
Re: Request for Variance (Fence) at 13515 Dunes Drive
Dear Board Members:
Andrew and Stephanie Eddleman, owners of the property with the common address 13515 Dunes Drive,
have requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a fence
within a portion of the lot designated as an easement. Generally, the fence 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.
2. Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the
installation of the fence 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 fence, if such approval is
required by the restrictive covenants of the development.
Respectfully,
C"4 o?s
Chris Ogg, PE
Assistant City Engineer
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
EXHIBIT B
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