401 Kimbrough Lane2018043741 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 I II II
CONSENT TO ENCROACH 1)
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Paul Marthaler, 401
Kimbrough Lane, 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 Lot Number 94 ("Lot") in Parkside Village, Section Number 1 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 692, Instrument Number
9609629979 in the Office of the Hamilton County Recorder on 7-19-1996, as Parkside Village, Section Number 1 (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 and Landscaping Easement, identified as "29' DU & SE & LE" 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�; andq
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.
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 parry 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"
Paul M aler
411
Signature 7-1
Date:
Ca<<r,.,.,,�5
STATE OF INBh'WA )
) SS:
COUNTY OF Se,,`43 ieS a )
Before me, a Notary Public in and for said County and State, personally appeared Paul Marthaler, 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 21st day of IF-er4wexw, 1201 -1 -
NOTARY
201 -1 -NOTARY P LIC
My Commission Expires: E,1s44e. V►,iG,v.e ►�1-+►mac 2
�c 12tp 12o Printed Name
My County of Residence:" D 1C. rj u
ELY%-WIARl� MARTINEZ . �
Conmmls" No. 2167523 z
NQTAR P.t18UC-CACIPC N14
SAN.DIEGO COUNTY
zs,o
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
J Brainard, Presiidipg-Offia"
Mary Ann B ke, Mtuber
Date: I —% &--/
Lori Watson,]�I�fembr'r�v
Date: I va // 5
ATTEST:
v G`%
C , Cle • -Trea urer
Date: /A 4/7
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 b me known, andby me known to be the Members of the City of Carmel Board of Public Works and
W t P i-t� Ce IkerFaepw+N
Safety, and C� , 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 l �ty of I &,P—cA 20i-7.
/ Y
XQTARY PUBLIC 1A�
*y Commiss�i' �C HALL i l�A7 i.�� uV� L%�,Q(�
eal Printed Name
Notary Public --Ei—tate--of Indiana
M Hamilton County My County of Residence:
y 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 bylaw. Douglas C. Haney, Esquire
EXHIBIT A
Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton
in Hamilton
County, Indiana, described as follows:
In Witness w'
Commencing at the Northeast corner of the West Half of the Southeast Quorler of Section 25, Township 18
21 Wast (assumed bearing on the East
Inc., General
their names
Nath, Range 3 East; thence South 00 degrees 19 minutes seconds
line of said West Holl 732.44 feet to the South right-of-way fine of Seccnd Street SW, thence North 89
The C. P. M
degrees 15 minutes 46 seconds East on said south right-of-way line 122.15 feet (deed) 124.43 feet
Third Avenue SW; thence South 01 degree 03 minutes 30
C�I Z:
(meosured) to the West right -of -ray line of
seconds West on said West right-of-way line 592.70 feet to the South right-orf-woy line of Industrial Drive;
West 268.21 feet to the Northwest caner of a porta! of
Christie L. I,
thence South P.9 degrees 48 minutes 32 seconds
estate described in a Trustee's Deed recorded on pages 187 and 188 of Deed Record 259 in the Office
State of Inc
real
of the Recorder of Hamilton County, Indiana, said corner being also the Northeast comer of a parcel of real
estate described In a Warranty Deed recorded on pages 439 and 44D of Deed Record 300 in sold Recorders
County of E
Office; thence South 00 degrees 25 minutes 04 seconds West on the common tine between said parcels of
721.59 feet to a that is 594.00 feet NI is degrees
Before me,
real estate and the prolongation thereof point
5 We
minutes 04 seconds East of o Stone on the South line of said Southeast Ouarter that is 153.60 teat West o1
personally c
Inc„ Generc
the Southeast carrier of the West Half of said Southeast Quarte., said point being also the Southwest corner
Deed on 745 of Deed Record 287 in said Recorder's
execution a
signature tf
of neo' estate described in a Warranty recorded page
Office and the PLACE OF BEGINNING of the within described real estate; thence South 69 degrees 26 minutes
16 seconds West, parallel with the South line of said Wheosl bugler, a distance of 453.26 feet to o pont
Witness my
on a line that is the Southerly prolongation 01 the West line of a parcel of real estate described in a
646 and 647 of Deed Record 362 in said Recorder's Office;
Notary Pub
Corporate Warranty Deed recorded an pages
thence South 23 degrees 36 minutes 26 seconds West a distance of 25.22 feet; thence South 00 degrees 33
minutes 44 seconds East a distance of 100.09 feet; thence South 02 degrees 18 minutes 20 seconds West a
My commis
distance of 50.06 feet; thence South 00 degrees 33 minutes 44 seconds Eost •6 distance of 100.05; thence
West distance of 255.40 feel; thence North 88 degrees 19
South 89 degrees 26 minutes 16 seconds a
minut,s 04 secar+ds West a distance of 50.01 feet; thence North 89 dear�^s 32 minutes 17 seconds West a
Commissla+
distvice of 157.00 feet to the Easterly line of WILSON VILLAGE, SIXTH SEC114fd, a subdi\dsion in Hamilton
in Plot Book 3, 43 and 44; thence South DO degrees 27
Under aulr
Assembly c
County, Indiano, the plat of which is recorded page
minutes 43 seconds West along said East line a distance of 32.5.72 feet to the South line of said Southeast
and on ore
Ouorter; thence Nath 89 degrees 26 minutes 16 seconds East Nang said South line, passing through the
plot was g
aforesaid Stone that is 153.60 feet West of the Southeast caner of said 'Nest Half a total distance of
line Third Avenue, Southwest, said point being
Adopted b
op
1185.30 feet to a paint cn the Westerly right-of-way of
located 1204.35 feet South 89 degrees 26 minutes 16 seconds Wast of the Southeast corner of said
Carmel/Gc
Soulheost Cuarter, per DEDICATION OF PUBJC RIGHT OF WAY TO THE T0Y.N OF CARMEL INDIANA, as recorded
'I
on pages 20 and 21 of Deed Record 239 in said Recorder's Office; thence North ltd degrees 19 mnutes 1f)
.
seconds East on said Westerly right-of-way line 594.02 feet to a point on a Fine that begs North 89
of beginning. said being also the Southeast carrier
BY
mmektC
degrees 25 minutes 50 seconds East from the place point
o1 the aforesaid real estate described in the Warranty Deed recorded on page 745 of Decd Record 287;
Deport
Car
thence South 89 degrees 25 minutes 50 seconds West al said line 260.19 feel to the PLACE OF BEGINNING
costonu2g 13.270 acres, more or less.
This Plot
Indiana, o
THIS SUBDIVISION CONSISTS OF 58 LOTS. NUMBERED I THROUGH 18, 54 THROUGH 59 AND 66
WITH A COMMON AREA, STREETS AND EASEMENTS As SHOWN, HEREON.
THROUGH 99 TOGETHER
James'Dr
THE SIZE OF LOTS AND COMMON AREAS 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 9609613945 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
Lori Wats
I, THE UNDERSIGNED. HEREBY CERTIFY THAT 1 AM A REGISTERED LAND SURVEYOR,
tom/
j 1
LICENSED IN COMPLIANCE WITH TETE LAW$ OF THE STATE OF INDIANA AND THAT THE.
WITHIN PLAT REPRESENTS A SUBDIVISION OF THE LANDS SURVEYED WITHIN THE CROSS
Billy F,'olk
REFERENCED SURVEY PLAT, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF
THERE HAS BEEN NO CHANGE FROM THE MATTERS OF SURVEY REVEAt.ED BY THE
CROSS-REFERENCED SURVEY ON ANY LINES THAT ARE COMMON WITH THE NEW
FURTHER SUBDIVISION
OF MYfY
WC_4
Diana Co
0 THEPLATTED
SUBDIVISDIRECT SUPERVISIONCORRECTWAS
AND CONTROL AND IS TRUE ANDBEEST
KNOWLEDGE AND BELIEF:
y/�/ r:itttcrrtn,.
EDWARD D. GIACOLETTI aR- . '.
i'.Ir
REGISTERED LAND SURVEYOR =.i.: ti(.�E:
INDIANA - #SO560
t1114it(
flail
JAMES BRAINARD, MAYOR
2/28/17
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 401 Kimbrough Lane
Dear Board Members:
A Consent to Encroach document signed by Paul Marthaler, owner of the property with the common
address 401 Kimbrough Lane, 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 3/15/17 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
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
C
2/28/17
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Request for Variance (Fence) at 401 Kimbrough Lane
Dear Board Members:
Paul Marthaler, owner of the property with the common address 401 Kimbrough Lane, has 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. (we
will record the agreement for you)
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 agree to not encroach on the 5' NAE Easement.
4. Petitioners agree to not install posts within the flow line of the drainage swale.
Respectfully,
,�77 7C:55 -
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
WT,23-9S..'BEU 03: f2 PH SCHNEIVER Ek;IkLRIHG FAR N0. 31.7
SCHNEIDER 30?0 "1, Post Road' Endigeerins
lodi\Mpo11�. IMlaao Sur!eying
EN�IItTC$R'I`1VG !8286-0068 cls tas
3o-898-0282 Geology
J. r'-
CO'R.PORATI0-\f t 317-095-#63 .FAX
� use a
laTH STREET
33'
P. u3mb
�^U
D
ASSUMED ROR1H
SCALE 1' - 20'
1101E:
Ut5 Olu? G I; KAYO ON CDreSr cwN Kas OR RECORD
DRAIeNL'% w S P)i 9ASE0 lPoR A tIElO SURKT. SO91f.OfA
EH"SFiO•CORi. DG[S not 6ARRARt lK ACQ)f1ACi OR
Sii aNcy DE lips ,I 0WArim. OQ COMIMICR Slow
iEltir ExATKC 60Inr'. n PRIOR to— COMSTRU 10. ►Nl
p6CREgAMtr t0u f IIDON THS ORAWC ROAD SE'REVOINA
tu•SnNEOEa ENUIEERH� CORP. W011,1Etr, FAUX TO D0.
SO Id REW I'M THE CONIRACTORS ASSIAIPMR Or UM"',
LOT # 94
4,516 SF
' LrR
20'DU h SE
I IC•877:)7
TKR HAR
ELEV-834.0
KIMBROUGH LANE
50' R/W VATER IM
PLOT PLAN LOT # 94
PARKSIDE MLLAGE
SECTION ONE
INSTR. # 960962:9979
PC # 1 SLIDE P. 692.
2088 KIMEIROUICH. LANE
r0_00I PROPOSED GRADE
APPROXIMATE LOCATION
CONFIRM BEFORE
CONSTRUCTION 6' SAN- Lai,
AND WATER SERVICE UNE.
SQUARE FOOTAGE:
PUBLIC WALK - 95 t Sr
PRIVATE WALK- IDS ! SF
CONC. DRIVEWAY - 390 ± SF
CONC. APRON - 176 f SF
HYDRO SEEDING - 2.195 3 SF
SOD - 112 t SO YARDS
15 BACK FROM FRONT OF HSC
NOTE: GARAGE F.F.E. IS
PROPOSED 10 BE 1.4' ABOVE
CURB AT DRIVEWAY I.B.M.-
JOB I 96-2088-14
10/23/96 MG