2540 Wineland Creek Dr2018043721 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented SAG
111111111111111111111111111111111111111111111111111111111111111111 IN
CONSENT TO ENCROACH _
THIS CONSENT TO ENCROACH (hereinafter the "Agreement') is entered into by and between�Edmond V. Gray, 2540
Wineland Creek Drive, Carmel, Hamilton County, Indiana 46074, (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 Lakes of Towne Road 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 3, Slide Number 254, Instrument Number 2003-
96180 in the Office of the Hamilton County Recorder on September 26, 2005, as Lakes at Towne Road, Section 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install a fence, patio, and 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 15' Drainage, Utility, and Sanitary
Sewer Easement, identified as "15' DU&SSE" 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 I 0 q ; 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 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 parry 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 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"
EDMOND V. GRAY
Signature II
Date:
STATE OF INDIANA )
II '',,; ) SS:
I�
COUNTY OF lf�t J/.Vll FhV1 )
ANGELA CHRISTINE BRIER
Notary Public - Seal
State of Indiana
Marion County
My Commission Expires Sep 3, 2021
Before me, a Notary Public in and for said County and State, personally appeared EDMOND V. GRAY, 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 9QD day of 201 (A
O AR UB I
Nk Commission E 0 Q VI � �1r1
Printed ame
My County of Residence: Mo 1160
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
James Br*ard, Presiding Officer
Mary Ann
Date:
LoriVatson, l a f,
`t / I
Date:1l
ATTEST:
Christine S. Pauley, Clerk C
Date:
-ten--�
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 thisday of 20_�Z
Y PUBLIC
My Commission Expires: V1.4AJAJE /lGT1�ALL
Printed Name //
DIANNE WALTHALL County of Residence: fi�4 ala n
Seal
Notary Public - State -of Indiana
Hamilton County
This instrument was pi eprdCbyn1D=g1 crQiN§tWr, f$giljB C orate 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
THE LAKES AT TOWNE ROAD
SECTION ONE
I. the undersigned Registered Land Surveyor hereby certify that the included plot correctly represents a subdivision of a part
of the Northeast comer of the Northeast Quarter of Section 29, Township 18 North, Range 3 East, Hamilton County. Indiana,
more particularly described as follows:
Beginning at the said Ouarter Section, point also being the POINT -OF -BEGINNING; thence South 00 degrees 25 minutes 57
seconds West along the East line of said Quarter Section, said line also .being _the Centerline of Towne Road, a distorice of
548.70 feet; thence North 89 degrees 34 minutes 03 -seconds West 440.06 feet to a point on a curve concave easterly, the
radius point of said curve being South 50 degrees 05 minutes 05 seconds East 20.00feet from said point; thence southerly
along sold curve 26.76 feet to the point of tongency.of said curve, sold, point being South 53 'degrees 15 minutes 28
seconds West 20.00 feet from the radius point of said curve: sold point also being the point of curvature of a curve concave
southwesterly, the radius point of sold curve being South 53 degrees 15 minutes 26 seconds West 175.00 feet from said point; thence
southeasterly along said curve 53.84 feet to the point of tangency of said turn, said point being North 70 degrees'53 minutes 08
seconds East 175.00 feet from the radius point of said curve; thence South 62 degrees 00 minutes 09 seconds West 193.22 feet;
thenca South 00 degrees -25 minutes 57 seconds West 195.50 feet; thence North 89 degrees 34 minutes 03 seconds West
429.89 feet; Thence North 16 degrees 09 minutes 42 seconds West 21.87 feet; thence North 00 degrees 10 minutes 03
seconds East 16&03" "feet; thence North 41 degrees 57 minutes 47 seconds East 42.51 feet; ,thence North 00 degrees 00
minutes 00 seconds East 130.00 feet; thence South 90, degrees 00 minutes 00 seconds West 33.32, feet to the point of
curvature of .a curve concave southerly, the radius point of said curve being South 00 degrees 00 minutes 00 seconds West
125.00 feet from said point; thence westerly along said curve 80.75 feet to the point of tongency oG said curve, said point
being North 37 degrees 00 minutes 44 seconds West 125.00 feet from the radius point of said curve; thence North 37
degrees 00 minutes 44 seconds West 50:00 feet; thence North. 00 degrees 00 minutes 00 seconds East 165.26 feet; thence
"
South 90 degrees 00 minutes 00 seconds West 203.76 feet to a point on the eastern"boundary of The Lakes at Hayden Run,
Section Two, a. subdivision in Hamilton County. Indiana, the Secondary Plat of which is recorded as Instrument No.
2063-79062, Plat Cabinet 3, Slide 224, in the, Office of the Recorder' of Hamilton County, Indiana, the following being on and
cicng:_the -eastern boundary of The Lakes of Hoyden Run, Section Two, North GO degrees 10 minutes 03 seconds East 360.74
feet to a point on the southern boundary of Lakeside Park, Section Two, a subdivision in Hamilton County, Indiana, the
Secondary Plat of which Is recorded as instrument No. 20D3-96181. Plat Cabinet 3, Slide 255, in the Office of the Recorder
of Hamilton County, Indiana, the following being on and along the souther, boundary of Lakeside Park, Section Two and into
the southern boundary of Lakeside Pork. Section One, a subdivision also in Hamilton County. Indiana, the Secondary Plat of
whicb is recorded' as Instrument'N0. 2003-96180, Plot Cabinet 3, Slide 254; thence North 89 degrees -36 minutes39' seconds
East 1,340.30 feet to the place of beginning; containing 19.759 acres, more or less. Subject to all legal highways,
rights—of—ways, easements, and restrictions of record.
This subdivision consists of 26 lots numbered 1-26 (all inclusive) and 5 Common Areas labeled 1-5 (ell inclusive). The size
of lots and width of streets are shown in feet and decimal parts thereof.
Cross—reference is hereby made to a survey plat prepared by Stoeppelwerth & Associates, Inc. in accordance with Title 865,
Article 1. Chapter 12 of the Indiana Administration Code recorded as 2005-02105An the Office of the Recorder of Hamilton
County, Indiana
1, the undersigned, hereby certify that 1 am a Registered Land Surveyor, licensed in compliance with the laws of the State of
Indiana end that the within' plat represents a subdivision of the lands surveyed within the cross referenced survey plat, and
that to the best of my knowledge ond.beiief there has been no change from the matters of the survey reveoled by the
cross—reference survey on any lines that are common with the new subdivision.
Witness my signature this e7L__ day of : Znt 2005.
S: \4870OSI\Legal\Plot.rtf
November 1, 2004 (KMC)
R: KMC; F. AAA
ennis D. msteod '
Registered Land Surveyor
No. 900012
October 5, 2016
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (fence, patio, landscaping) at 2540 Wineland Creek Drive
Dear Board Members:
A Consent to Encroach document signed by Mr. Edmond V. Gray, owner of the property with the
common address 2540 Wineland Creek 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 October 19, 2016
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
S:XBPWX2540WINELAN DCREEKDRENCROACHMENT. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
. IEMAIL engineering@carmel.in.gov
October 5, 2016
ul JL Y `` V C Ut1i�LV1 GL
JAmEs BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, IN 4603.2
Re: Request for Variance (fenee,-patio, landscaping) at 2540 Wineland Creek Drive
Dear Board Members:
Mr. Edmond V. Gray; owner of the property with the common address 2540 Wineland Creek Drive, has
requested a variance from Carmel City Code: Section §6-227 (a)(4) for°the installation of a fence patio,
and landscaping within a portion of the lot designated as: an easement. Generally, the fence, patio, and
landscapingare 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 subjectproperty or the adjacent properties (provided the petitioner adheres to the
conditions recommended below). The Engineering Department recommends that the Board approve the
variance conditioiied-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 resultingfrom 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 -fence if such approval is
required by .the restrictive covenants of the development. .
Respectfully,
- -Bradley Pease, PE ---
Staff Engineer
DEPARTMENT OF ENGINEERING
ONE CI\7C SQUARE, CMUNIEL, IN 46032 OFFICE 317.571.2441 FAX 317:571:2439
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