1893 Hourglass Drive2018043734 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II II II II I II I I I I I I III II II
CONSENT TO ENCROACH a
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between James and Diana Holstein,
1893 Hourglass 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 272 ("Lot") in Village of West Clay, Section Number V02 -A 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 4, Slide Number 80, Instrument Number
200600033678 in the Office of the Hamilton County Recorder on 6-14-2006, as Village of West Clay, Section Number V02 -A (the
"Plat"); and.
WHEREAS, the current Owner wishes to install landscaping 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, Utility and Sewer
Easement, identified as "15' DU&SE" 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 ILI*eoca,t
WHEREAS, Owner and City acknoion 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.
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 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.
litana tioist
Signa r
Date:
STATE OF INDIANA )
J ) SS:
COUNTY OF i
Before me, a Notary Public in and for said County and State, personally appeared James and Diana Holstein, 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 I" -day of 1 , 20,1 .
My Co, , mmiss8n Ex ire�s:��
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Name
of Residence: I Olt
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: /,
ATTEST:
r
C tine S. Pauley, C rk-TrW
Date:
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 lq-day ofAar'1 20
NOTARY PUBLIC f� A" /�
F�—Ycommission
mmRIA6NE ALL 4 ; A rU /U E- UVA LTN/kLL
Seal 6 I Ct Printed Name
otary Public -State of Indiana
Hamilton County My County of Residence:
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
CARVIL UIDIA.NA 46032
(317) 574-340 SECTION V02 -A
�� 8URVEYOR
7}1E SLHNDO� f,03?oRAi10:1
g1rrSANTNUE SECONDARY PLAT
jjiiCjW
(3
) 826-7100 46-216 PART OF THE SW 114 AND THE SE 114
SURVEYOR'S CER'nACATE OF SEC. 28-T18N-R3E
LAND DESCRIPTION HAMILTON COUNTY, INDIANA
part of the Southwest and Scolhecst fhucrters of Section 28, Tonashq 15 North, Range 3 East at the Second Pr'.ncipd
1.leddlcn, Clay Township, Hamilton County, Indiana. mere particularly descried es fcuows:
C0w''r&LACING of the Southeast Corner of seed Scuthnest Ouorler Section; thence Ncrth 00 degrees Of minutas 09 second
East (Assumed Bearing) cicrg the East line thereof a distance of 509.51 feet to the BEGalffillf, POINT; thence Scuth 85
decrees 26 minutes 58 seconds West a distance of 48.55 test; h`.ence Scuth 16 deq.-es 55 m Utes 55 seconds East o
distance of 08 feet; thence South 73 der'ees 03 minules 04 secends West a distcnce of 50.00 rest: thence Norm I0
degrees 56 minutes 56 seconds 14'esl a distance of 15.71 feet to the Easterly Bcendary of uta `+9!age of W10stGay Seclica
3004, Vilage Center, Pert 1, the.Secandary Plat of whith is recorded as Instrument !lumber 1995G9g6559, Plat Cabinet 2
Slide 345, in the Oifiee of the Recorder of 110ington County, Indicno (the IcUcring seen (7) described courses ti m3 alcng
the bcundcry of said Village of V7cst Clay Secticn 3004j, (1) Ncrlh 16 degree:, 56 minutes 56 secends Crest a distcnce of
177.35 fcch, (2) flerth 73 degrees 03 mieutes 0, seconds Ecst a distance of 50.00 feet: ('s) Sauth I6 degrees 56 minutes
55 seconds Ecst a distcnce of 136.88 (eef: (4) North 55 degrees 26 r cies 58 ceccnds East a distance of 177.72 !eel
to a curve honing o radius of 675.00 feet, the monis point of 4111ch bears North 04degrees 31 minutes 07. seccncs 7kst:
(5) Northeasterly along said curve on arc distance of 532.50 feet to o paint which bears Sa tl: 49 dcgrens 43 m'sr,les 02
seconds East from said radius point; (6) North 40 degrees 16 minules 53 seconds East o distance of 223.56 feet to a
sono hetina a radius of 225.00 feet, the radars point of which beam South 49 decrees 43 minutes 02 seconds East: (7)
flortheastefty along said curve on are distance of 152.92 feet to the Weiterly Bcurdcry of the Yucce of VlastClev Seclicn
12001, the Secondary plot of which is recorded as Instrument Number 19990997138S• Plat Cehinet 2 Slide 359, in the Office
of the Recorder of HCm41cn County. Indies (said paint becrs Nath DB degrees 13 minutes 46 seconds West from said
rad'as point)(the fa!losing ten (10) described ccurse3 being c'.ong the bounifty of said Wlage of Wast Ciny'Sectisn Mill);
(I) South 08 degrees 13 minutes 46 secends Eost a dslonce of 50.00 feet: (2) Nocth 81 degrees 46 minutes 14 seconds
East a distance of 16.46 feet to a curve haying a rcd:us of 2&00 feet, the radius point of vhich bears South 08 decrees
13 minules 46 seconds East; (3) Southeasterly clang sold curve c. orc distance of 39.27 feet to o pent which bevy North
51 degrees 46 minutes.14 secends East from said rcdFus pont; (4) South 08 degrees 13 mihutes 46 seconds East a
distance of 63.29 feet to a tore: having a rc;iii; 01 625.00 feet, the radius point of which becrs Ncrth 81 deg ess 46
minutes 14 sectmds East; (5).Southsasterly c!cng sold curve an orc distance of 47.62 feet to a point which bears South
72 decrees 49 minutes 15 secends West Iron said rad us point: (6) Scuth 72 degrees 49 minutes 15 seconds West a
distance of 130.39 feel: (7) South 19 degrees 00 minutes 27 seconds West distance of 123.42 feet; (8) Scuth 4•:
degrees 23 minutes 21 seconds 17ast a distance of 309.94 feat; (9).South 71 degrees 15 minutes 40 seconds Wast.e
distance of 110.07 feel: (10) Scuth 74 degrees 05 minules 55 seconds hast a 'distcnce of 202.99 feet: thence continue
Sculh 74 degrees 05 minutes 55 seconds West a distance of 101.18 feet: thence ltorlh 14 degrees 07 minutes 56 secends
Crest o distance of 193.31 feel; thence South 85 decrees 28 minutes 58 secends Wast o distance of ti5.93 feet to the
BEl :N21G PC t1T.,ecnloining 5.541 acres, mate cr less.
Trils SuBDIVIW1 CONSISTS OF 8 LOTS NUMBERED 268 THROUGH 275 'IMSTHER 151711 STREEIS AIID EASEMENTS AS
SHO.SI HEREON.
Nr SIZE Or LOTS Al1D L+;Orr1S Cr STREETS AND EASFJ•IRITS APE SHOYda IN FIGURES DENOTING FEET AND DECIMAL
PARIS TIIEPECF-
CROSS-REFEPEf7CE IS HEREBY MADE TO SURVEY PLAT RECCRDED AS CISTRUMVIT NUMBER 1$9907945:9 AND
200100007283 lit rK OFFICE OF THE RECORDER Or HAMILTON COUNTY, 11:01ANA.
C
April 11, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
,JAMES BRAINARD, MAYOR
Re: Consent to Encroach (Landscaping) at 1893 Hourglass Drive
Dear Board Members:
A Consent to Encroach document signed by James and Diana Holstein, owners of the property with the
common address 1893 Hourglass 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 19, 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
April 11, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Request for Variance (Landscaping) at 1893 Hourglass Drive
Dear Board Members:
James and Diana Holstein, owners of the property with the common address 1893 Hourglass Drive, have
requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of landscaping
within a portion of the lot designated as an easement. Generally, the landscaping 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 landscaping 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 plants if such approval is
required by the restrictive covenants of the development.
Respectfully,
, �;7? - 7: e- �-
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
N
LOT# 272
25.208 S.F.
EXHIBIT B
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LOT# 272
25.208 S.F.