401 Shoemaker Drive2018043748 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111 IIII I I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII SAG
CONSENT TO ENCROACH T
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Scott Yanney, 401
Shoemaker 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 17 ("Lot") in Spring Farms, 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 451, Instrument Number
9435567 in the Office of the Hamilton County Recorder on August 15, 1994 as Spring Farms, 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 Drainage and Utility Easement,
identified as "15' D&UE" 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
S
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.
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.
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"
Scott Yanney
Signature
Date: I
STATE OF INDIANA )
SS:
COUNTY OF J)
Before me, a Notary Public in and for said County and State, personally appeared Scott Yanney, 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 day of ( , 20 L —7
NOTARY PUBLIC
My Commission Expires: Lj 5►R �..i . ���
UVW 15, Printed Name
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC W RKS AND SAFETY
BY: n � P n��+
James Brainard, Presiding Officer
Date:
ATTEST:
C Cle k-Treas er
Date: � / 7
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 Seat this IAday of MA P_C� , 20 X17
QMIA,�� //
NOTARY PUBLIC ,, �1
My ommissi 1.1i an09e W.-
( IorNotary
ANNE WALTHALL Printed Name
Seal
ublic -State of Indiana My County of Residence:
/�2/
Hamilton County.
sion Expires Mae 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
JAMES BRAINARD, MAYOR
February 20, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 401 Shoemaker Drive
Dear Board Members:
A Consent to Encroach document signed by Mr. Scott Yanney, owner of the property with the common
address 401 Shoemaker 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 March 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,
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
February 20, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
t�
,JAMES BRAINARD, MAYOR
Re: Request for Variance (Fence) at 401 Shoemaker Drive
Dear Board Members:
Mr. Scott Yanney, owner of the property with the common address 401 Shoemaker Drive, 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.
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. Petitioners shall obtain approval from Hamilton County and from the Indiana Department of
Natural Resources for encroachment into the Regulated Drainage Easement and for constructing
within a floodway.
5. Petitioners agree to not encroach onto the Greenbelt and Tree Preservation area.
Respectfully,
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 A
I,. the undersigned. a registered land surveyor in the State
of Indiana, hereby certify that the within plat represents a
survey anc subdivision performed under my supervision of the
following cescribed real estate located in "the East Half of
the Northeast Quarter of Section 27, Township 18 North, Range
3 East in 'C -Icy Township, Hamilton County, Indiana:
Beginning zt the Southeast corner of the Northeast Quarter of
Section 2-, Township 18 North, Range 3 East; thence North 00
degrees 31 minutes 38 seconds East (assumed bearing) on the
East line of said Northeast Quarter 1296.30 feet; thence
North 85 3egrees 29 minutes 31 seconds West 279.16 feet to a
point on a non -tangent curve, the radius point of which lies
187 50 feet North 85 degrees 29 minutes 31 seconds West from
said point: thence Southerly, curving to the right on said
curve. on arc distance of 13.69 feet to a point that is
187.50 feet South 81 degrees 18 minutes 26 seconds East from
the radius point of said curve; thence North 81 degrees 18
minutes 26 seconds West" 356.73 feet; thence North.02 degrees
23 minutes 31 seconds West 296.13 feet; thence North 31
degrees 47 minutes 29 seconds East 103.57 feet; thence North
34 degrees 25 minutes 07 seconds West 162,85 feet. thence
North 89 degrees 24 minutes 35 seconds West 29.5.27 feet to
the East ine.'of twenty acres off the West side of the entire,
East Half of said Northeast. Quarter; thence South. 00 degrees
35 minutes 25 seconds West on the East line of said twenty
acres 1879.88 feet .to the South line of said Northeast
Quarter: -hence South 89 degrees 59 minutes 58 seconds East
on said South line 485.03 feet to the place of beginning,
containing 34:273 acres, more or less.
Sabj[CT TO INOIANA SAS TkAXSMI:SIOX :1.411PONATIOM NLANNET EASEMENT A! CALLED'/ON IN
-DEED NOON 32, ►ANE 236, DATED SEPTCOSEN 2OTN, 1976.
Subject U egol easements and rights-of-way.
This .s bcivision codsists of 51 Lots, numbered 1 through 35.
and 7 tnrough 90� Block "A" and Block "B=', and Recreation
Area, ogether with! streets, all as shown on the within plat.
The size of the Lots, Blocks, Recreation Area,' and the width
of thei street rights-of-way is shown in figures denoting feet
,and declrlal parts thereof. ¢�--
Witness my signature thia�lFday of ___—_:
EXHIBIT B
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T. PEThOAM can. N0u tti!c AA01ta sTleuetvltcRVICE UNE: SHOULDBE EQUAL 10.Olt
FLOOD .HAZARD STAT MENT
tly .coi.q•o/ wt 'MN Mt" ditty i'mi, on tab pot Not _ 178' C0.UN5. 7w-
'OTL
m" .we-meM.Nty f d to. other r wWwt¢ �� _ LEGAL ORI'•L7' mcluttk P4emwa- an "i rwwrpsN ..M biweiie h9iDIXS t10T !Khsew �.:e.wvtwmRTpitr It MI come �UQ. BLOCK "A" •_ .`.c.
fWS 'DRAVANG IS BASED OWPLANS BY PLO -f PLAN LOT fi 1.7
oTHERs ANO 15 Nor 9XSEp:ON A FIELD SPRING FARMS
SURVEY ¢ONTRICCTORI SHOULD VERIFY SECTION .ONE.
EXIST7N�" CbNDIT1ON5 PRIOR TO INS.TR..
cGNSTRu�aior,. # 94-35567
PC- 1# 1 SLIDE # 451
SOIIARE. sooTACE:.. 401- -SHOEMAKER DRIVE
PUBUG WALK + 496'k 5O
PRIVATE WALK -210' t, 3F
CONC. ORWEWAY F,460•t SF
H70R0 4 ftN4.-• 19:9a6 t SF
'SOD =498' :t. 5O YARDt-
EVEN..IH.TH, ONT OVHSE
FL000.4AZ11RO'STATEME1417'
AS'SIIMEO koe7H D\%
-SCALE V - 30'
vtit 40'
LOT # 17
2.3,796 SF '
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JOB # 9.5-1192-14
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