2379 Blisland Street2018043744 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN LSB
Recorded as Presented
II II II II I II I I I I I I I I III II
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Lynne King, 2379 Blisland
Street, 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 907 ("Lot") in Village of WestClay, Section Number 10004-B 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 79, Instrument Number
200600033677 in the Office of the Hamilton County Recorder on 6-14-2006, as Village of WestClay, Section Number 10004-B (the
"Plat"); and
WHEREAS, the current Owner wishes to place a.landscaping feature including rocks that will be less than 3 feet in diameter
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 15' Drainage Utility and Sewer
Easement, 20' Drainage Utility and Sewer Easement and 12' Alley Easement, identified as "15' DU&SE","20' DU&SE", and "12'
Alley Esmt", respectively, 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 Boar of Public Works and Safety approved the Owner's request for a variance from Carmel
City Code Section 6-227(4) on LV'J0 18 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.
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.
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 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"
Lynne King
Signature q
Date: i
STATE OF INDIANA )
) SS:
r
COUNTY O 6 )
Before me, a Notary Public in and for said County and State, personally appeared Lynne King, 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 k day of ei , 201
NOTALYLI
My Commission Expires: L-�l P &1'0*&1'0*
� 5 Printed Name
My County of Residence:
"CITY"
CITY OF CARMEL, INDIANA, .
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND
�SAFETY
BY:-��
James Brainard, Presiding Officer
Date: _ A
Date:
Lori Watson, 11emb '
Date: / D 1t $ 117
ATTEST:
Christine S. Pauley, erk-Treasurer
Date: 1,r!1,1CT/%—
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 Cityof 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 —Lday of DL'`�ohf� 20 ! .
NO Y PUBLIC
My o issio xW, _ y �Idhhe,
3 I �o o� DIANNE v; Printed Name
Notary Public -d a na My County of Residence: gilts 1 174171
Hamilta
My Commbtlon E e . M �. i g, 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
c� c�
CA th
cz
-y- r" -J �� �" G] .a cn m Ln c� _,, �n C7 s-- to [. �] -�'
ccs C' Ca ,� = ct) (� a ro r D
Q c� .► VD iQ G � . ] tU
C1i _ ri Ca. e_ 0. � -pn C •► Lp_ �' p`3 lw � c C? Q rn �
m 0 CD in � p p Gi CU Z (U
T-1 -73 4 -)CA C-11. 0 CIS �' !'7 'p �•, (� .`y+, LO f i --r•
Lit r' N Q = d G r+- : * CD Q a , r C?
cn p U a
y L4 ul r D r� •._ ca. t-� cti C1 �= m m
Q �, = .-+ c) cU G C] "C 7 rq « R.) t'u (f2 r w
r _ �' L1� r(i p :a C7 G 0 m
p t!i - Ca n G G Ci [? �.-
En T
.� CA rS ' ] r(U tJ� ] L J1 �T Cb �i -p.. '" _3 CU r
FTJ CD 7 (L17� j p C x� G - (tea - ' f lG5.�_. y ^I
rj r _T1 L� _ r� (D (ti I'D C% C.] •�1 ( Ci p
�.
j i.�J t�J N rzr L� 0 �C C3. C1 G rU =_; ,� T -.,:3 t cl
rte' fU Cm ( � ( c� N u
( w q l6J p 1 b C1 �i J p �-► ... p UZI r2)
' -y
C9
.LA
CJ T ri o spa . «- G rr C]._ w•. �7 (n" r---_�,cd
Ln (U In
, J, a. cU (Jl t� C) ci --, — :.S '7' �. CA
� CC) G r-« ^tij ID t p � C:� • -1
L11 CD
L+7 5'0 — - h r in C, .� T eti U G D C^
(Tl Ccm
�L'3 r) C) --'� tti.' ., CDca •-h t") rn 'r' -,.
a --.. G_ cCo am . ,"� ; ,Z.) n t Z C
in
-+ rD to
C7 (n (D ffDD Q CL .rni- U] rD �-a �3
t t j CD t/) t"7 CD Ili- .
CO m
G-7:;, c't) a tU :a Qtr.. (� �, cA : J V)
V} y sl
`�j p CD 0 � � P�2 =7(�1�• cf � Z.5t3 aCj b � �• � m -1 ,m
[7 L']
47 C ~� +� rD i7r �• rn ZI
Ln 't US} � CLY
L� ril f%7
_
Z71 Lcll�
q LO
� M._ Ci • �� ,. r';
') _n in CA
CA
1�1.. ,-r• C7 C�
r� CIO l70 y tlw] {
�p �+ (z) A V,p.. (D CD �` G CIf ' - c N-) iU ^f
t-' Gx� Cf7 n w CS CT'! V.
C'
cr) iTl Ci N '� _ « U ='r CD M1.3 t�
CS '� (1S CU (D W l fJ P,,)�- f'7' O• ::3
rD CD
Q L!S 0 � 4J to '
a N =1ti Q r t: Com] Ca • t7 to
CL C'L !c4r
� � C
.i (( z:; LD n C? Cn C7 + cl D
('j'y r) cS _ 1 _� ^ Lo sem• (A a• tG 73 rl <�) C]
"� .� m GT" [U V r7 �� ,p Cl L^l
'-►0 71-
.-.• a
CL
(D 47
0 :a (1 G td:}
yJA
----------
CI EL
JAINIE,S BRAINARD, MAYOR
September 29, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Landscaping Rocks) at 2379 Blisland Street
Dear Board Members:
A Consent to Encroach document signed by Lynne King, owner of the property with the common address
2379 Blisland Street, 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 18, 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
R _U
G
EL
Jtx�?V!I-N BRAJNAJ.Q. MAY0.11
September 29, 2017.
`Board of Public Works and - Saf6ty
One Civic'Square
Carmel, IN' 46032
Rei Requestfor Variance (Landscaping Rocks) at 2379 Blisland Street
Dear Board Members:
Lynne: King, owner of the pop.eity with the oonin-loh address '2379 Blisla6d Street, has requested a
variance ftom C.,qrrn'el City Code. Section §6-227 (0(4) for the:placdment, of landscaping rocks within a
portion of the lot. dosipated as an easement. Generally, the rocks are proposed to be placed at the
locations indicated on the attached exhibit.
It is not expected that the imprOVernont§ At
V the propog.ed 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 Bo . ard :Appfoft, the
varianceconditi,o.iiedui)on.thefbll,oWin (as discussed "with the. petitioners):
9
I.- Petitioners -enter into a C onsent4o-Encroach Agreement .with the City and record the
Agreement. (we. Will record the agree m-eAt for you)2. Petitioners
itioners (and successors and assigns) agree to remedy -any drainage issues resulting from the
placement of the landscaping rocks that, in thee opinion of the City, ,represents .6 Ddtrittibht as
d6fine'd.in Code.
de.
3. Petitioners shall . .obtain:apprml from the. HOA for plactmen.t of the rocks, if gudh approval Is
required bythet.6stfictive covenants of the development.
Respectfully,
Jeremy Kashmah
,FE
City Engineer
AL
OR
EXHIBIT B
v ttk'li-
.-.-
Ga11
+,,TILImoi:
'NJ
APPTiQVF-IEsD
at WestClay OA .
t,,conabRug9Arle W -
Proposed Encroachment