4979 Williams Drive2018043733 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN SAG
CONSENT TO ENCROACH T
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Trevor and Suzanne
Williams, 4979 Williams Drive, Carmel, Hamilton County, Indiana 46033, (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 176 ("Lot") in Kingswood, Section Number 4 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 14, Instrument Number
8907974 in the Office of the Hamilton County Recorder on April 20, 1989, as Kingswood, Section Number 4 (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, Utility and Sewer
Easement, identified as "15' D.U.&S.E." 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) o ; 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.
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 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.
• IM
Trevoriam
Signature
Date:
Suzanne iams
Sign e
Date:
STATE OF INDIANA )
SS:
COUNTY OF � OIM l L-rs rel )
Before me, a Notary Public in and for said County and State, personally appeared Trevor and Suzanne Williams, 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 AN21 L 20j
N Y P LI
My Commission Expires:�A(1,.,,,, (N,asL �tcl2
EL a cl . 2,�,-Z Prmted Name
FNotafy
MIN CHASE PARKER My County of Residence: R ai KowVtRC)
Seal
ubliC - State of Indiana
oward County
sion Expires Dec 19. 2024
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Jardk Ifrainard, Presiding Officer
ate:
Mafy Anyburke, Mb
Date: 1-1-19-17
Lori W
Date:
ATTE!
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 day of 20_
iai
NOTARY PUBLIC 1
y Co ice' 1��gALL I P� f�1 /LJ E VU l—i(-� /�.Li _
3 art Seal Printed Name
tary Public - State of Indiana I I
Hamilton County My County of Residence: T�S �A M) LrtC9
My 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 by law. Douglas C. Haney, Esquire
EXHIBIT A
PART N. W.IE/ 4 81 S.V
SE
LAND DESCRIPTION
I,the undersigned, hereby certify that the "Rhin plat is a representalion of the
lands sur,c)ed, subdivided and Pln[lcd under my direct +upevisioo and control and
that it is true and correct to the best of In, knowledge and belief.
Part of the Nurthwcst and Soullrv,cst. Quarter of Secliou 4• 'l owo%hip 17 North.
Range 4 East in -Hamillnu Count), Indiana, being more parlicnlarl) described as
folloi,v
Commencing at lite Soulhwesl corner of. sold N-orlh"c%t Quarter: Iheuce-Norlh UU
degrees OU minute, u0 secund. East (as%umed bearing) along Ills 11'e+l line of said
Norlhwcst Quarter a di%tance of 289.11 feel to the Iteginning"ivuit (said 1leginning
Point being lite North,vest corner of Kingswood Subdivi%iun Section I, IheTial of
which 1% recorded in Plal Nook 14. Page 99 in lite Orrice of lite Recorder of
Iluroillon Count). Indiana): thence con0aue North 110 degrees. DO minutes 011 seconds "
Easi.along the said Nest line a. di"ance of 697.23 feel: thence North 89 degrees -49.
minute+ 38 weands Ea+I, parallel with [lie Soulll line of said NurIh%,esl Q.uurler
Section. a distance of P329.U3 feel to lite Nest line (i( the Ea%I half or said
Northwest Quaver. (said poinl also tieing no the I%v,t line or wood ('reek Secliva
Il. a subdi.i+ion in-Ilamilton Cum[).-lindiaua. the plat of which is rccurdcd in Plal
)took 7. Page 7 S 8: it, the office of lite Recorder of namilimt Cnunl). Indiana):
thence. South 00 degrcv%.IIS minul.e%.52 seconds Ea%l along.the 1Cc+t'line of .Woml
CreekSectionIl a di%l;rttcc of omo feel Ili the %tlrlhwe%t corner of 11uod Creel,
Section Ill, a +ubdi,isioll in Ilamfllon Count). Indiana.the' plat or which is
recorded in flat )souk -it, Page 75 lir Ilse Office of like Recorder of Iluunillbo
Counl). Indiana: [hence South UO degrees 21 minutes U2 secund, liasl along tits
Ne,l line of %aid snood Creek section III a distance of 1247.26 feel to lite Nurlb
line. of Kingwood Section 3, a subdivision It'.l olillnn County. ludiuna, the Plat of
w.hieh'i.s recorded in Plat [took Ib Pages "1.4 ;std amended in Plal Uo,.k i6 Page'
111-112 in like office of the Recorder.of Ilamilton Couull. Indiana; thence South
83 degree% 28 miuutc% (Ill ,ecuuds Neo alnng the North line of ,•rid lsingswoud
Section 3 a distance of 101.99 feet. to the Nurthea%I .c0ruer of liiugsv,aud
Subdi,ision Section +_ Ihv Plat of which is recorded in I'1411 thunk 14. Pages 102-104
in said .Rccorders Office (Ihv ncsf two (1) desctibed cuunes being along lite. North'
line of said Kingswood.Subdi,i+ion Section 2): thVi1ce South 90 degree, fill nninufes
00 seconds Ne%i a distance of .184.00.rect; thence Norl)n 72 dcurei% 54 minutes 15
seconds Ne+l-.a di%lance- of 82.51 fget 1. [lie East line of said hing,woud
Subtisislon Section I (the next %1% (6) dcacribvd courses being along the Fast and
North lines of said Kingswood Subdivision Section 1); llieuve North 14 degrees 113
minutes 45 second+ Weil a di+lance -of 310.99 feet: thence Soulh 89 degrees 38
minute+ 58 second, N.esl a distance of 36.00 reel; Ihpn ce. North 00 degree, 05
minute% 03 %ccuuds " sl a di,laoce ofd 140:83 feel; Ihcnce S uu lit . K')_da•gra•r, 54
minutes. 57 %econd, lsc+f a di%lanre of 490.1111 sect: Ihe,tce- South 71' degrees 43
minutes 18 %ccond% Nese a di%lallce of 137.92 feet; thence Sunlit 40 degrees Oil
mioutes.(lo %ccmtds %%"I it distance of 40.00 feel to the IiWill, ing Point cunlaining
29.827 acres, more or less.
This subdi,i%inn .consists or 69 lots numbered 157 through 2111. logelher wilh
.sheers, easements, and public ways as shinwo un the within plat.
The sire of lots and widths of %[reels and a•a,ement% arc showll in figures denoting
feet and decimal parts [hercuf.
%%ilnes% m) signature this �da) or TjIMU ILY 1959
I
.JAMES BRAINARD, MAYOR
April 11, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 4979 Williams Drive
Dear Board Members:
L
A Consent to Encroach document signed by Trevor and Suzanne Williams, owners of the property with
the common address 4979 Williams 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
ATTACHMENT: 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
,JAMES BRAINARD, MAYOR
April 11, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Fence) at 4979 Williams Drive
Dear Board Members:
Trevor and Suzanne Williams, owners of the property with the common address 4979 Williams Drive,
have 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 shall obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
4. The fence along the eastern property line shall be located at least 5' from the centerline of the
drainage pipe in the easement to prevent damage to the pipe.
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 B
WILLIAMS DRIVE
129 34' ;�g5UE
I -
29.34' 69.3A
100.00' 1 Y
25'SAU E; }
1
5 S.L.X 90 1 o 175
c �
_ I
177176 - s�5
A , ;,
o r. 176 rt 1
0
In
5,055 S. F. o 15,852) S.F.1
Ln
---------------------11
20'D.E I 106
i.00' 63.78' 109.00' 15'
N 9.0'00'00 E 160:25'
1 25 13
Fence must be installed at least 5 feet_
from the center of the pipe.