14076 Knightstown Drive East2018043738 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented SAG
11111111111111111111111111111111111111111111111111111111111111 II II
CONSENT TO ENCROACH`���43,;
v
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Andrew and Amanda
Tomc, 14076 Knightstown Drive East, 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 Number 57 ("Lot") in Meadows at the Legacy, Section Number 2 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 202, Instrument Number
2014014218 in the Office of the Hamilton County Recorder on April 21, 2014, as The Meadows at the Legacy, Section Number 2 (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 a drainage, utility & sewer
easement identified as "15' D.U.&S.E." 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.
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.
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"
da Tomic
ignature
Date. 1 /17
J
Andrew
Tonic
Signature
Date: 0 7
STATE OF INDIANA )
SS:
COUNTY OF�-n , /-'oyl )
Before me, a Notary Public in and for said County and State, personally appeared Mr. and Mrs. Andrew and Amanda Tomic,
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and
deed. fih
Witness my hand and Notarial Seal this �� day of Q Q4—r 20 i
NOT Y PUB IC ,�/�
My mmission Expires: ( /,n a- /) / 0 ��-
I- Z Z Printed Name
WA nE D A P4 � O PA N My County of Residence: GL- vYl i
g*� NOIAP '. : Nota y Puuilc, jta of Indiana
SEAL
*� Hamilton County
� -'�$ My Commission Expires
'ki4N01AN ��
v —sof Is"` April 21, 2023
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLICWO SAND%! j ETY
BY: �i
Mary
Date:
Lori Wats, n, M er
Date: / %
I
ATTEST:
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 Je,%IL 20_a.
TARY PUBLIC ��f
M Commission xpires: DIANNE WALTHALL D i A AJ AJE l A I #),, 11
3 I to eel Printed Name
Notary Public - State -of Indiana
Hamilton County My County of Residence: ga nq /
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
Fr -
Surveyed and
Dennis M Clmnead
can,"/ear
THE
MEADOWS AT THE
LEGACY
to & A y me
'065St.cpa & A- to
7065 106th Street
Eaal vest
East
Gunn, 317) 4-."
Drone: (317) 849-5935
SECTION TWO
�- - ----S- -
Mna/trt Ild LL
Galion Neat 0. LLC
20sa0E2014 RAT 154. Ca
G,21,TB19 11,32:3aR 7 PGS
1356 Bawdy Rxd
Udece. VA 22101
��� a ■ PLAT
O ween
RR11 CetRulV Recorder IN
MILL
Contact: , Rap 2uenol
Submiseam Date. 05/17/2013
,�,�11UVp`�`
ReeerMd as h__Led
d d
IQ 1(9uB1E1Hf[BWffilGI
Umillec°WarohiyDeed - mate. No 2011063056
(PART OF THE SW. 1/4, SEC. 23 AND
DoOct
Nan THE NE. 1/4, SEC. 22. T16N. R4E, HAMILTON CO.. IN)
pyinmy Wal Oakes No. 130019 PP 7
Secawory pmt docket No. 13D50007 So
Zoning: PITD(Wormed Unit De.etopmanl)
Side Yard WO 7 ern./6' Aggregate 9eleem Nausea
Rem Ymd IS- 20' VL4.
Zanng-PUD Cvdhance 02-501-07
THE VEADOWS AT THE LEGACY. SECT04 TWO
L the undoegrca R4g7
ataed Lana Sewya, hereby CIVIY to tiro best of my nlvmotien, anaehed;e ord
be"'.
eke: me :.Weil yal Cantt6r reore.erm a p,rwy performed ander my dace!'"", of Coe "'oenq
dt-bed red tslete:
A pal of Section 23. Tee " 18 Nath. Range 4 Ecst or the 2nd Pricpol Veridion, Day T -Ship.
Namslm County, mdana awibed ma, portkulmy m Icaoee:
Commencnq dl the Norinecsl Cana el Baia Section 23; Uance North 89 degrees 15 minules 40
eeccnIS W'nt o'mq the Nath '. of the Northeast 0 -ter of ..�d S.U. 23 a dstance o1 337.40
lest Vence South 20 degrees 07 minutes 12 sscends "I o diate,ce of 149.74 feet to o pent
Deng the Sautheest inter Ne. of The r:Shts-of-aay far 146th Street and River Rood as dexrDea
In lnafrumart No 200100065741 n the Office of Ina Recorder, of Hamilton County. l dans, hence
Ire Wooing leelw (12) coraan dmg the eesledy r;gAl-Cf-eay of R.b Recd pan said Instnenmt
No 200100065741: (1) South20 degrees 07 minute 21 wcands West a distance of 92.91 feet (2)
South 69 degrees 52 minute, 38 -', East a "-of 16.50 Feet (3) Scum 00 degrees 07
minuets n seconds Well a datande ol19581 feel to a poht an oro-lalgenl curvy to the right
having a reavn of 688.98 feet the reeds pont which Deas Nath 89 degrees 52 minutes 19
.ceras Wen: (4) sewthedy along Sold curve an distance of 426.41 feel to a point ehich Deme
South 54 degrees 24 minutes 43 wands Ent from wid ledws Doint (5) South 35 degrees 35
mnults 17 second, West o ddtmce of 313.I7 rest; (6) North 69 Cegree. 52 mim:les 38 S'ca:ds
Weala eiftoned of 16.50 feet; (7) South 20 degrees 07 mint., 29 ,,,ands West a dinteet. of
119.41 feet (8) Nat, 69 degrees 52 mhute% 38 seconds 'Meat a deme of 16.50 feel to a point
an IfSan-!argon! eorw to Cob hll having a radius of 1574.80 feet. the focus pa'mt of shlN bean
South 54 degrees 49 mlrwtes 01 setanda East; (9) Swtheesledy dong wV cuw at 6ftance
of 367.82 Imt to a posest which been Nath 68 agrees 11 minutes 57 ascends West from SOV
nodi., pawl; (10) South 21 degrees 48 minutes 03 secants Weal a dslantt of 191.51 feet (11)
Scum 15 degree 18 mawln conds Ea,l o flal-- a1 8 18 se1.28 feet. (t2) south 68 degree, 12
minutes
11 weelds Edal a ditlonte of 16.50 feel to the physkd cente,line of River Roes. menet
the fo0oeing -leen (I7) courses ding "'physical ceetalne of River Road: (1) South 21
d,7-14 mwutts 47 ... and, West a t0atanco of 243.57 fee; (2) South 21 desacs 20 minutes
03 -dl West a distance of 151.74 feet: (3) South 23 degrees 01 mhules 40 %stands West o
&Stone of 99.76 feeC (4) South 24 degrees 29 m'rwte% 46 weenda Welt a dislmes of 51.67 feet
to a pont an a nm-langmt evrw to the right having a radius of 397.42 feel, the rodus point of
ehkh bear. North 66 astir 03 minutes 44 secmda W.1%(5) southeestMy alms add wave an
we dislmu of 191.02 feel to . pouht ehich Deme South 38 Begets n
31 minute. 23 seeand4 Et
free not nodus point (6) South 52 degrees 56 mwuIlS 19 alCOnds West o dhtemte of 64.43 feet;
(7)South 56 degrees 48 m'+wh, 58 seconds West a distorta of 64."4 Ice; (6) Salm 58 ee7ses
29 minutes 55 Rands West a disimGe o1 204.22 feel: (9) South 59 degrees 38 milt,l 13
srmae West a "i"""
of 213.74 feet (10) South 59 degrees 38 minutes 43 sceunds West a
04tvnc. of 416.88 rest' (It) South 59 degree, 26 minutes 13 -ds Welt o eatmce of 210.95
feet (12) South 59 agrees 08 mkhutts 15 teconds Wel a dalmce of 205.20 feel to o pent an a
an-te ulanl curve to the 101 having o r°Gus of 1427.IS feel the radius pain! of whim bear South
20 &T.. 09 mhnules 29 eee,onds East; (13) southeesleHy o'mq said cu a dolt a of
33&21 feet to a point
which bear, North 42 degrees 44 minutes It wands West from Sold radius
point (14) south 47 degrees 13 moults 52 second. West a dktame of 257.68 feet: (15) Scum 47
degrees O1 minute,38 seconds West a d'stance of 11G.41 feel: (I6) South 46 degrees Sa minutes
46 --d,Wee a d"ulonca el 613.46 fort to a pant an a m-Imgml curve to the left edniq a
roQ S of 1232.88 lee" the of pont of to beer South 43 degrees 01 mbwt,s 14 secceda
Eget (17) aouthentedy Bang Sad tsrve m arch dstente of 153.00 heel to a pont which bene
North 50 dept,!! 07 mwutes,52 st-ell.W'ell from raid nodus point thence Nath 00 de91ees 53
uwtes IS estada West a'd'dtahts of 78.51 feet to a pant m anon-langml curve to the right
having a radia of 1295.49 fest, the redue pont of which baa South 47 degrees 28 misules 47
s ' East; northeastMy along Said -ve- mch dallance of 100.0, feel to o pont ehkh blare
Nath 43 degree, 01 m:rales 15 a<:mQ,`t%eal from Said red1w, Point thence Nath 46 degrees 58
routes 46 -.ds East o dist- el 61153 feel to Ire rat, fee of red estate dl-er N kin
mslr.menl No. 9609651829 is said Recordr's Wes. me.hed by a 5/8' ream aim cap stamped 5
de A TTtm 60055- (hacwfle, wrcrred to CS'a S & A reber), !hence North 89 degrees 45 minute, 37
ewonda West 348.33 feet to the PEavI Or. 8EONMfIG of thh delt6ptim; then'. eontluho North 89
degrees 45 mnute9 37 eecands West clang said line. a disto,ce of 796.41 feel: thenea Nath 00
degrees 00 mnule. 00 sec -da East 199.35 feel: thence Nath 90 degrees 00 minutes 00 s -ft
East 1832 feel: thence North 00 degrets 00 mbutea 00 seeana East 135.00 feet; thence North 90
degrees 00 minutes 00 --des West 49.87 feet; th.. North 47 degrees 27 minutes 21 wounds
Kest 29.29 lest'. Mance Nath 00 deg•een DO rrinaln 00 eKanCs Fa:t 207.42 feel: In- North
90degrees 00 minutes 02 seconds Ewt 49.80 feet; Coerce South 62 deyees 34 mi tss 32
St.
..4. East 16549 feet; thence North W degrees 00 mhutes 00 secaras East 373.43 feet Insets
Nath 00 degrees CO mhules 00 seconds Ent 5500 lest Nance North 90 degrees 00 minutes 00
_.E, 13500 hal; thence South 00 degreaa 00 miwles 00 .ecmda Cess 2.00 feet Uancn
Nates 90 aeg•ees o7 minutes 00 eecmm East 18502 left' outh thence S 00 "'grecs 00 mywlts 00
coeds Call 2110 To
feel: Monte South 39 degrees 37 minutes 41 s d, West 43.82 feel, Iewce
South T6 degrees 47 minuses 19 Seconds West 107,00 feet Uenee South 00 degrees 00 mbwtes 00
,Korea East 121.69 IMF to Me ple<e of begnnhg, -WrInq 9.895 a -S. more or ten, wbj.ct to
W legal hignedys, rignls-of-etyN eosamanls. old reatrictims of record. This subdivillm cans-!. of
76 lots cumbered 3358 (c" Cxwdw) and 1 Limited Common Area coded I.C.A. µ (inw4.e). Ins
sire of ml. and erath al Street. we Sheen whet and decimal porta ther'af.
Cross -Referents is hereby mode to a Survey plat dated .Uy 8, 2005 prepmM by the sd filo
Ceeperhtie,. reevrMa at Instrument Nambes 2005-56989 In the ON- of lee Recorder of Hamilon
County. Indiana.
I, Me underelt eld. hereby wkly that I am a Registered Land Surveyor, licensed N c� it,
the lues of the Stale of Inddme and that 11. within dot r,; es'nt, a wbdvis;on of the Inde
-yid "Rain fee nos% feferonced survey plat and that to the best of my snoefe6ge and Wet
There has been no ckmge from the matter, of money revealed by the cross-lefamce eavar on my
An. that one eaeanan eith the naw Sabdoriitn.
Wmcn my Signature this 3191 day of
Dennis 0. amneod 93N O
RegiLorda,wym
Lord $ q
Na9ON1. gaDm2 No.
3 900012
a STATE OF Q
St FN
309 No. 55115PLA-VL2
SHEET 6 CG 7
JAMES BRAINARD, MAYOR
January 13, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 14076 Knightstown Dr. East
Dear Board Members:
L
A Consent to Encroach document signed by Mr. and Mrs. Andrew and Amanda Tomic, owners of the
property with the common address 14076 Knightstown Drive East, 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 1, 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,
-7-==:7'
Jeremy Kashman, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
C
January 13, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Request for Variance (Fence) at 14076 Knightstown Dr. East
Dear Board Members:
Mr. and Mrs. Andrew and Amanda T6mic, owners of the property with the common address 14076
Knightstown Drive East, 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 fence 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.
4. Petitioner shall ensure that the person installing the fence locates the drainage pipe in the
backyard drainage easement and installs the fence posts at least 3' from the edge of the drainage
pipe to prevent damage to the infrastructure.
Respectfully,
7--::�—
Jeremy Kashman, PE
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