14451 Plymouth Rock Drive2018043730 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 III II
CONSENT TO ENCROACH RintoyV:and
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is enterebetween John and Nicole Hebert,
14451 Plymouth Rock Drive, 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 95 ("Lot") in Ashton, Section Number 2B 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 2, Slide Number 296, Instrument Number
9307779 in the Office of the Hamilton County Recorder on March 2, 1993, as Ashton, Section Number 2B (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 and Utility Easement,
identified as "7.5' D. & 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 ; 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 terns 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"
John Hebert .
ature
Date:
Nicol Hebert
UR
Signature
3 �] 7
Date: —
STATE OF INDIANA ) o:!"Y" JACOB WAYMOUTH 11
SS: M07A",-= Marion County
_ . WL My Commission Expires
COUNTY OFt-�)oFMo* October l7, 2024
Before me, a Notary Public in and for said County and State, personally appeared John and Nicole Hebert, by me known, and
who acknowledged the execution of the foregoing "CONSENT
Witness my hand and Notarial Seal this day of,
My Cmmission Expires:
Ic ter j El,
CROACH" as his or her voluntary act and deed.
LI
Yrintea Name
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Jam rainard, Presiding ficer
te: c 7
Mary An urke, Meb
Date: y
Lori Watson; Mem�er7
Date: //rr,,
ATTEST:
J.
Christine auley,`�/ Cl -Trea ?%g//
ate:
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 Acirl, 120j7.
NO.7TARY PUBLIC f
My Co m4xpires: ,LiHALL
al
Printed Name
c State of Indiana
,amilton County
FYnires Mar 16, 2024
My County of Residence:'r u f G
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
DIANNE WALTHALL
Seal
Notary Public - State cf Indiana
Hamilton County
z My Commission Expires Mar 16, 2024
EXHIBIT A
vo '
0P0 Secondary
• �vSubmission Date: November_ -6, 4992;
LO-.,
o
1. the undersigned, a registered land surveyor in the State of Indiana. hereby eerfif3t that the within
Flat re serfs a survey and subdivision of the following described real estate. located in the East
Half ojlw Northeast Quarter oJ, Section 21, Township 18 Norah, Range 4 Sas! in Clay Toumsh{R
Hamilton County, butia"a.,
Beginning on the South lire of the Northeast Quarter of Section 21, Township 18 North, Range 4 East
668.46 fowl North 89 dogmas 31 minutes 47 seconds )rest (assumed bearing) from the Southeast corner of
said Northeast Quarter, said place to be inning also being the Southwest corner of Lot 129 in ASIITON.
SECTION TWO A. a subdivia{on in Horn' fun County. Indiana, the Secondary Plat of which is recorded on
Slide 239 in Rat Cabinst Number 1 as Instrument No. 9225078 in the Office of the Recorder o Hamilton
County, Indiana; thence North 89 degrees St minutes 47 seconds West on the South lira of 3MY
Northeast Quarter 679.12 het to the Southwest corner of the East Half of said Northeast Quarter;
'home North 00 degrees It minutes 25 seconds East on the West line of said East Half 1685.92 it$ to
ow Soufhuest corner of real estate described in a Warranty Deed recorded as Instrument No. 6825277
in said Recorders Office, said corner being 956.95 fief South 00 degrees 11 minutes 25 seconds Rest
of the Northwest corner of said Easl Holy' thence South 89 degrees 35 m{niiias Of seconds East on the
South line of said root *stale and measured parallel with the North tine of said Northeast Quarter
304.76 f6ei to the Northwest corner of Lot 19 in ASHTON, SECTION ONE, a subdivision in Hamilton
County, Indiana, the Secondary Plat of which is recorded on Slide t57 in /Yat Cabinet Number 1 as
Instrument No. 9100873 in said R@cord*r•s Office; (the 1f�llowing Iburfeen'coursas an on the Aastariy
lino of said subdivision) 1.) thence South 13 degrees O minutes 46 seconds East 164.44 fool; 2.)
thence South 18 dogmas 22 minutes 22 seconds West $2.77 ,fiat; 3.) thence South 17 deymos 44 minutes
59 seconds East 134.19 feet; 4.) thence South 55 degrees S7 minutes 30 seconds West 42.41 'feet; 5.)
thence South 00 degrees 02 minutes 43 seconds East 296.96 Joet; 8.) thence South 60 degrees 36 minutes
27 seconds East !05.55 fret; 7.) thence South 14 dogmas 66 minutes 20 seconds East 50.73 fie(., 8.)
thence South 13 dviprmts 20 minutes 28 seconds East 153.63 fiat to the Southeast corner of Int 1101 in
said ASHTON, SECTION ONE; 9.) thence South 77 dogmas 16 minutes 38 seconds West 44.41 fret; 10.)
thence South 19 dtgmts 34 minutes /3 seconds Yost 90.59 foet; 11.) thence -South 07 degrees 57 minutes
32 seconds West 97.44 feet; 12.) thence South 04 degrees 32 minutes 19 seconds East 177.23 flet; /3.)
thence South 37 dogmas 45 minutes 52 seconds fast 42.53 feet to the Southwesterly corner of BLOCK •A"
in said ASHTON SECTION ONE; 14.) thence South 89 dogmas 31 m{nutas 47 sveonds East on the South line
of said BLOCK A". a distance of 240.00 feet to the Northwest corner of Lot #113 in the ofi resaid plat
of ASHTON. SECTION TWO A; thence South 00 degrees 28 minutes f3 seconds Hest on the Wast line of said
Iet #113, a distance of 150.00 fret to !ha North right=of-way lire of Salam Drive South as dedicated
in said pial; thence North 89 dogmas 31 minutes 47 seconds West on said eight -of -way line 48.61 fret
to a line which bears North 00 degrees Of minute 12 seconds West from the place of beginning; thence
South 00 do es 01 minute 12 seconds East on said line 196.01 feet to the place of beginning,
containing !7.795 acres, more or less.
Subfeci to the Statutory Easement fbr the right-cj-way fbr the Finamont Randall Regulated Drain
Subjoct also to Easements for Sauer and Wafer ncerdad as Instrument 8808652 and Instrument 6808657
in the Office of the Recorder of Homilton County. Indiana.
Subject to all other legal easements and righty oJ--way,
This subdivision consists of 32 Lots, numbomd 10 through 28 and 83 through 97 and 101 and 114 through
120, together with streets. all as shown on the within plat. The stir@ of the lots and the width of
the streat right@-oft-twy is shown in jfguns ddonating/frit and decimalf.
parts thamo�
Witn@ss my s{gnalure this,4_rtt day oj_j_V_N1G�s�G'/_• 19�ir Sc�
��%v o o}witsieiiurrr>ry,� +tM% � �; t
,JAMES BRAINARD, MAYOR
3/27/2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 14451 Plymouth Rock Drive
Dear Board Members:
L
A Consent to Encroach document signed by John and Nicole Hebert, owners of the property with the
common address 14451 Plymouth Rock 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,
a. ��
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
L
3/27/17
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Request for Variance (Fence) at 14451 Plymouth Rock Drive
Dear Board Members:
John and Nicole Heberg, owners of the property with the common address 14451 Plymouth Rock 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.
4. Petitioner shall ensure that the person installing the fence installs the fence posts at least 2' from
the center of the rear yard swale to prevent possible drainage issues.
Respectfully,
a. 4
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
s3.iP.-VIF.`1 OR LOC 17 i -tit REPORT
I herahy mTtify to the parties numcd abuva that the real estate dese:ihul herein ones inspected under my supervision on rhe date
indt ated and that to the lxst of uty knowledge, this report conforms with the rcquirtmentx contained in Sections 27 througb 29 !
or B65 LAC 1-1-12 for a SURVFYOR LOCATION RL'PORT. Unless othe wise noted there,is ru visible evidence of possession
fines found.
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HO GROUP, INC. z� jq�i _ Chad U. Haim
Surveyor.: & Engineers Registered land San,eyor,
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