5919 Silas Moffitt Way2018043723 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 Brett Kiley, 5919 Silas
Moffitt Way, 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 47 ("Lot") in Moffitt Farm at Prairie View, Section Number 2A 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 2, Slide Number 74, Instrument Number
9804217 in the Office of the Hamilton County Recorder on January 29, 1998, as Moffitt Farm at Prairie View, Section Number 2A
(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) on ; 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.
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.
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: - d, I/— — _. � 0�
J s Brainard, residing O icer
ate: 4
AA
Ma mber 2
Date:
Lori Watson,
Date:
ATTEST:
t
stine S. Pauley, C rk- �r:
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 �j day of , 20 17.
NOTARY PUBLIC �j�
My Commis o 'DIANNE WALTHALL I N �� " " �`L A`L I
51110 of 0 Printed Name
Notary Public - State -of Indiana
Hamilton County
My Commission Expires Mar 16, 2024
My County of Residence:
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
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.
"OWNER"
Brett Kiley
Rigeature `
Date: Z Z 2-01
STATE OF INDIANA )
1 ) SS:
COUNTY OF - i JQ jM i l7�bn )
Before me, a Notary Public in and for said County and State, personally appeared Brett Kiley, 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 Zzwitlay of MCc,nn A , 20L7
NOTARY PUB2ca—
My Commission Expires: /�a. n " ! o a�
2-1, LOZ .� Printed Name
My County of Residence: rh i
WANDA MORAN
,%AOTANy: Notary Public, state of Indiana
'• SE AI .J Hamilton County
MY Commission Expires
April 21, 2023
EXHIBIT A
LAND DESCRIPTION
Part of the Northeast Quarter of Section 27 Grid part of the Northwest Quarter of Section 26
all in Township 18 North, Range 4 East in the Second Principal Meridian in Hamilton County,
Indiana being described as follows:
Commencing at the Northwest corner of the Northwest Quarter of Section 26; thence South
89 degrees 37 minutes 45 seconds East (assumed bearing) along the north Iinenof said
northwest quarter section a distance of 1050.84 feet to the northwest comer of Brooks
Landing at Prairie View Section 1, a subdivision in Hamilton County, Indiana, the plot of which
is recorded as Instrument Number 9720008 in Plat Cabinet 1 slide 780 in the Office of the
Recorder of said Hamilton Canty, Indiana ( the next four (4) described courses being 'along
the westerly line thereof); thence South 13 degrees 18 minutes 12 seconds West o distance of
121.12 feet to a curve having a radius of 555.00 feet, the radius point of which beers South
76 degrees 41 minutes 48 seconds East; thence southerly along said curve an are distance of
118.76 feet to a point which bears North 88 degrees 57 minutes 27 seconds West from said
radius point; thence South 01 degrees 02 minutes 33 seconds West a distance of 817.43 feet
to a curve having a radius of 645.00 feet, the radius point of which bears North 88 degrees
57 minutes 27 seconds West; thence southerly along said curve on arc distance of 21.23 feet
to the Point of Beginning, said point bearing South 87 degrees 04 minutes 19 seconds East
from said radius point; thence North 87 degrees 04 minutes 19 seconds West a distance of
114.71 feet; thence Nath 88 degrees 57 minutes 27 seconds West a distance of 54.46 feet;
thence North 78 degrees 10 minutes 13 seconds West a distance of 424.71 feet; thence North
63 degrees 49 minutes 53 seconds West a distance of 230.88 feet; thence North 51 degrees
20 minutes 25 seconds West a distance of 128.39 feet; thence North 38 degrees 04 minutes
20 seconds West o distance of 30.01 feet; thence North 25 degrees 56 minutes 21 seconds
West a distance of 73.71 feet; thence South 74 degrees.12 minutes 44 seconds West a
distance of 261.83 feet; thence South 09 degrees 07 minutes 29 seconds East a distance of
23.19 feet; thence South 80 degrees 52 minutes 31 seconds West a distance of 147.47 feet;
thence North 70 degrees 19 ,minutes 15 seconds West o distance of 110.51 feet; thence South
81 degrees 00 minutes'16 seconds West o.distance.of 144.98 feet; thence South 36 degrees
02 minutes 00 seconds West a distance of120.00 feet thence South 06.degrees 40 minutes
32 seconds West a distance of 92.74 feet; thence South 22 degrees 40 minutes 56 seconds
East a distance of 120.00 feel; thence South '68 'degrees 23 minutes 57 seconds East a
distance of 137.54 feet; thence South 89 degrees 59 minutes 04 seconds East a distance of
187.20 feet; thence South 79 degrm 55 minutes 09 seconds East a distance of 369.78 feet;
thence South 65 degrees 48 minutes 14 seconds East a distance of 72.01 feet; thence South
60 degrees 45 minutes 56 seconds East a distance of 180.00 feet; thence South 64 degrees
51 minutes 46 seconds East a distance of 104.14 feet; thence South 75 degrees 14 minutes
15 seconds East a distance of 277.33 feet;. thence South 42 degrees 34 minutes 54 seconds
East a distance of 133.13 feet; thence North 47 degrees 25 minutes 06 seconds East a
distance of 91.95 feet to a curve having a radius of 645.00 feet, the radius point of which
beers North 42 degrees 34 minutes 54 seconds West; thence northerly along said curve an
ore distance of 500.84 feet to a point which bears South 87 degrees 04 minutes 19 seconds
East from said radius point; also being the Point of Beginning, containing 15.826 acres, more
or less.
THIS SUBDIVISION CONSISTS OF 29 LOTS NUMBERED 44 THROUGH 61 AND 87 THROUGH 97 AND
BLOCKS A, B. C AND D TOGETHER WITH STREETS AND EASEMENTS AS SHOWN HEREON.
THE SIZE OF LOTS AND BLOCKS AND WIDTHS OF STREETS AND EASEMENTS ARE SHOWN IN
FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF.
CROSS-REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER
9609652236 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
I, THE UNDERSIGNED, HEREBY., CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN
I COMPLIANCE 44TH THE LAWS OF THE STATE OF INDIANA AND THAT THE WITHIN PLAT
REPRESENTS A SUBDIVISION IN THE LANDS SURVEYED WITHIN THE GROSS REFERENCED SURVEY
PLAT, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE HAS BEEN, NO CHANGE
FROM THE MATTERS OF SURVEY REVELED BY THE CROSS-REFERENCE SURVEY ON ANY LINES
THAT ARE COMMON WITH THE NEW SUBDIVISION. I FURTHER CERTIFY THAT THE SAID SUBDIVISION
WAS PLATTED UNDER MY DIRECT SUPERVISION AND CONTROL AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF;
WITNESS MY SIGNATURE THIS J$'" DAY OF
BRA��TT�. \AVL\tlllllll//�y7j
INDIANAREGISTER- #99600012ND SURVEYOR NQg� No.
9600012:
e STATE OF + C
f
I
,JAMES BRAINARD, MAYOR
3/27/2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 5919 Silas Moffitt Way
Dear Board Members:
A Consent to Encroach document signed by Brett Kiley, owner of the property with the common address
5919 Silas Moffitt Way, 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 5, 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,
r,4- of �
Chris Ogg, PE
Assistant 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
3/27/2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Request for Variance (Fence) at 5919 Silas Moffitt Way
Dear Board Members:
Brett Kiley, owner of the property with the common address 5919 Silas Moffitt Way, 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. Petitioner shall ensure that the person installing the fence locates the storm water pipe on the
eastern and southern property line drainage easement and installs the fence at least 3 feet from this
pipe to prevent damage to the infrastructure and allow access for any possible future maintenance.
Respectfully,
a- &'h
Chris Ogg, PE
Assistant 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
LEGEND
Q Water Meter
® Manhole
�q
�SU+pp',s,,t��tf�
Curb Inlet
W., Building Line
D.U. do S.E. Drainage Utility k Sewer Easement
"'W�uL,AW
R/W Right of Way
IRON PIN FOUND ``KKp�T,Y
•�!l
Telephone Pedestal
Cable Box
b Electric Transformer
�] Mailbox
Fry®,S, UU
3p•e<
(LOT 48)
RON PIN SET
Q��'
W5 RED CAP)
0
~t+ errti t;, yr i'i
60' q /
II
h ^
(LOT 46)
Installed at least 3
LOT 47
feet from the Storm
Scale: 1"=50'
1RON PIN FOUND 0.34AC-+
Water Pipe.
GRAPHIC SCALE
N6¢, Proposed 4' tall Aluminum Fence
25 50
0�
M 1p4�46'
pRgiRrF�ARM
Sf'C yf
( IN t'SEI' )
1 Inch - 60 It
Installed at least 3
IRON PIN FOUND
feet from the Storm
Water Pipe. I CertiscateofSurvey
I, the undersigned, a Registered Land Surveyor in the State of la diaoa, certify that this survey was prepared under my supervision and, to the best of my knowledge and belied was
executed according to survey requitemeds in 865 JAC 1-12 far a retracement survey.
Property Address: 5919 Silas Moffitt Way, Carmel, IN 46033
Property Description Lot Numbered 47 in Moffitt Farm at Prairie View, Section 2-A, an Addition in Hamiltm County, Indiana, as per plat thereof recorded as Instr rnentNo. 9804217, in
the Office of the Recorder of Hamilton County, Indiana
Surveyor's Report for Job #170230
In accordance with Title 865, Article 1.1, Chapter 12 of the Indima Admmistmtive Code, the following observations and opinions me submitted of the cause and amount of uncertainty in
the position of the lino and comers established on this survey as a result o@
(A) Availability and condition of referenced monuments.
(B) Occupation orposession Unes
(C) Clarity or ambiguity of the record description used and of adjoiner's descriptions, and the relationship of the lines of the subject and with 4oinefs lines.
(D) The Relative positional accuracy ofthe
(A) ReferenceMomunents:
Monuments which control the lines and corners of the surveyed property are those called for on the recorded subdivision plat This survey based on street centerline monuments recovered
and called for in the centaimc of Silas Moffitt Way.
Unless noted otherwise, monuments set this survey ere 518' diameter z 24" long rebar with red cap stamped FIRM #0066 placed at ground level.
In this smvcyofs opinion, the maximum uncertainty of the lino and corners of the surveyed parcels due to refcnmcc monuments is 30.25 fccL
(B) Possession Lines:
1.) Unless otherwise shown, no existing possession linea were observed
(C) Record Descriptions:
1.) No conflicts were discovered oncoming mord descriptions.
(D) Relative Positional Accuracy of MeasurmenC
The accuracy of this survey is within the acceptable relative positional accuracy for asuburban survey.