14237 Antiquity Drive2018043746 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN SAG
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CONSENT TO ENCROACH
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THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between PM Development Holdings
LLC, 168 West Carmel 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 10 ("Lot") in The Grove at the Legacy, Section IA 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 633, Instrument Number
2017003757 in the Office of the Hamilton County Recorder on 1/25/2017, as The Grove at the Legacy, Section Number IA (the
"Plat"); and
WHEREAS, the current Owner wishes to construct a paver patio 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 Utility Easement, identified as
"15' U.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 10 ILA � 1- ; 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.
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.
S., Owner agrees to record this Agreement,in the: Office ofthe Hamilton County Recorder and to provide to City a recorded
copy of same within ten (10y Business days of the effective; date: of this Agreement.1n the event this, Agreement is not
timely recorded by Owner, Owner agrees and consents to City recording same,. at Owner's sole expense:
9.: Thepartiesagree that the germs of this Agreement shall be binding'upon and inure to the benefit of their respective heirs;
administrators, successors and assigns.
M The. parties executing,, this Agreement represent and warrant that they are::author ed to enter into an
execute: this
Agreement for and on behalf ofthe party which they, represent.
11. This Agreement. shall be effective as; of the bate on which it is last ekecuted 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 tl e .effective date,of th s "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.
`40"ER>,
Authorized Representative:.of
PM .Development Holdings LDC
Sign r
Date:
STATE OF INDIANA }.
"Ss:.
CONTY OF Mi
L7
Before.me, a NotaryTtiblic in and for said'County and State, personally'appeared an Authorized Representative
Development HoldingsLLC, by me known; and who acknowledged the execution of the .foregoing "CONSENT TO EN
his or her voluntary act Arid deed.
Wtaess my batid :and Notarial; Seal this 12 day of
My Commission Expires:
uu
of PM
CROt1CIT' as
My County of;Residence:
a,
s:wrr:::0AHEATHER R HITCHCOCK
J`o"
,.Notary Public, State of Indiana
Marion County
'.• SEAT Commission # 648522
M Commission Expires
October 23, 2021
Mall11"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLICW RKS A SAFETY
BY: ��� Yt��
James Brainard, Presiding Officer
ATTEST:
Q-istine S. Pauley, C1erI-Treasurer��
Date:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared 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 ``I4 day o) LTDbe—r , 20 F7.
NARY PUBLIC'
M Co is ion I�IJIJE �J�f
DIANNE WALTHALL Printed Name
Seal
Notary Public - State -of Indiana My County of Residence: oayV , �4 0 _
Hamilton County
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
THE GROVEAT THE LEGACY
SECTION ONE A 28170@3757 PFpT 533:50
51/2D/2517 �i1:51rS�+ 3 PGS
- ' Jennifer Navden
IbPt1ILTON Carutry Reoorder IJ
FINAL PLAT
(PART OF SFC: 23 TiglN, Mt HA1y1ltON CO., IN)
THE GROVE AT THE LEGACY
SECTION ONE A
1, the undersigned Registered Land Surveyor hereby -ti* that the included Plat Correctly represents a subdivision ofpart ofSection 23, Township 18
North, Range 4 "East ofibe 2ndf d-1p4i mind^ Olay Township, Hamilton County,lnilietra, morn particularly described as follows:
Scginning at the Northvx-.t comer of Tk Overtook At The t,eM, Section Two -,molded as ins"atNumber 2015056952, Plat Cabinet 05, Slide
4415, in the Ofrice ofthe RworderofHainilWn Geunty, Indiana, said point also being a point on acurvc coactwe. Soutberty, dic radius paint of said curve
being South 08 degrees 3S minutes 36 sccords East 1581.$9 feet from saW point; thonco Easterly along said curve 140.51 feet to the Point of tangency of
said curve to the PAINT OPBEGIt pt 1Nt1, said point being Norlh 03 degrees 36 njuaim IS seconds West 1581.89feet from the radius point of said curve;
thence North 00 iiegreer 00 mint o 00 Sear ds East) 35,14 feer, thence North 90 degrees 00 ininutos 00 seconds East 5.40 #ett; thuxa North 00 degrees
00 minutes 00 seconds East 125.92 &t; theme North 90 dogrets 00 minutes 00 smn& East 36.00 feet to the Poim of curvature of a curve concave
southwesterly, tlr adhu Point of said curve axing South 00 degrces 00 minutes 00 seconds East 231.00feet from said point; ihenee gout haastody along said
curve 35,76 feet to the point oftaugeecy ofsaid curve, Mid point being North 81 dogmas S1 minutes 08 seconds Era1t23.00 Ad from the radius paint of
said eueve; iftetCallonh 90 449ras 00,rminut000 swomis East 140.25 Feer; thence Sotah 00'del reel 00 minutes o0 se
couds Fast $9.12 fent; O onoo South
86 dues 25 mtnute4„2,5 s000uds h:.ust 3112 iect;dbance s. qmt, 03=6ggrees 34 mimttes3$ accosts Wast 5o oo fett:'thenco South 00 degrees 00 nutans {D
seconds East 97.38 feet to 0m NonFtiwuudary of the aforesaid The Overtook AtThaLaga;y, Section Two, the following two (2) Courses are along the
1Vardtem trout duty gfsaid Tice Overlook At Lucy, Section Two. (1) North 50 degrees,00 minutes 00 seconds West 129.57 feet to a point on a curve
con.mvesombotiy, the radius point of said curve being South 00 dogreas00 minutes 34 seconds East 1,58LS9feetfsomsaid pvi0h (2) westady along said
curve 96 49 feet to the Point oftangerrcy of&W curve, said pourtbeing North 03 degrees 30 minutis i5 seconds Wt$t 1581,89 fees from the radius point
of said curve to the POINT OR BEQIINNIM. comaining 1,26 acres, more or less, subject to all legal highways, righm of ways, easements, and restrictions
ofrecaN.
This subdivision eonsii(S of8lots numbered 1, 2,10,11,15A, M, 22A, 228 (all inclusive) and 1 Modclabaied BWk `A-. Also, Mvalu Right cf-Way
contaiuingo38 Aces tabclod as Autiauity t7riva and Bnrmdam Cautt: THa size 0171016 and width of stroels arc shown in feet and decimal parts ibereor
Cross•Rcfercucc is hereby made to a surveypiatdat44 July 6. 2005 prepared by Sehadderr Corporation, recorded as Im-atimem Number 2005-56999 In the
Office oftho Recorder of Hamilton County, Indiana.
I, the undersigned, hereby cmdtythat lam a Registered Land Sw—*4yor, licensed in compliance with the laws ofthe State oflndiana and that tho within plat
represents a subdivision ofthe lauds surveyed within the crone refcomecd survey Plat, and that to tlta best ot'my Imowledge and Wicfthcre 1W been no
change from tiro matters ofsutvey revealed by the czossrcfetence survey on any lines that are common with tilt new sniulivision.
Witness my signature tms _2q_14611or
2016.
++ + +
CITY'®, L
,JAMES BRAINARD, MAYOR
September 20, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Paver Patio) at 14237 Antiquity Drive.
Dear Board Members:
A Consent to Encroach document signed by Jon Jarrett, Authorized representative of PM Development
Holdings LLC, owner of the property with the common address 14237 Antiquity 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 October 4, 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
a
+ -+I1 ff l +
,1MEL
CITY �-
JAMES BRAINARD, MAYOR
September 20, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Paver Patio) at 14237 Antiquity Drive.
Dear Board Members:
Jon Jarrett, Authorized representative of PM Development Holdings LLC, owner of the property with the
common address 14237 Antiquity Drive, has requested a variance from Carmel City Code Section §6-227
(a)(4) for the construction of a paver patio within a portion of the lot designated as an easement.
Generally, the paver patio is proposed to be constructed 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
construction of the paver patio that, in the opinion of the City, represents a Detriment as defined
in City Code.
3. Petitioners shall obtain approval from the HOA for construction of the paver patio if such
approval is required by the restrictive covenants of the development.
Respectfully,
2�
Jeremy Kashman, PE
City Engineer
EXHIBIT B
Limits of Encroachment