12174 Woods Bay Place2018043743 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111 IIII 11111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII SAG
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between John & Christina Hawkins,
12174 Woods Bay Place 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 93 ("Lot") in Windpointe, 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 545, Instrument Number
9534422 in the Office of the Hamilton County Recorder on 4/27/1995, as Windpointe, Section Number 4 (the "Plat"); and
WHEREAS, the current Owner wishes to construct an extension to the existing driveway 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 10' Drainage Utility and Sewer
Easement, identified as "10' 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
o\ aw-
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.
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"
Christina awkins
Signature
Date:
John Hawl ' s
Signature /
Date:
STATE OF INDIANA )
�1
) SS:
COUNTY OF 4aM I 1 �0)
Before me, a Notary Public in and for said County and State, personally appeared John and Christina Hawkins, 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 �:ay of - 201-7.
NOT Y PUBLIC
My Commission Expires: gyp. 1,C
!!+ �Ia Printed Name
My County of Residence: ' OLy-( o�
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:y
Ja Brainard, Pres' ' i O
4teBurke, Member
.3 —/ 3"—/ i
Lori Watso Mem
Date:
ATTEST:
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C lerk-T easurer
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 b
,,Ume known to be the Members of the City of Carmel Board of Public Works and
eF
Safety, and C v'Ec EY, 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 l50I ay of IV kP—CF-1- 120 P.
NOTARY PUBLIC
My Commission ExpireLfttary
DIANNE WALTHALL
� Seal
Public - State of Indiana
Hamilton County
ission Expires Mar 16, 2024
ted Name �1
County of Residence: T 6L M 14a-rl
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
Part of the Northwest Quarter and Southwest Quarter of Section 33, Township 18 North. Range
4 East in Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of the Northwest Quarter of said Section 33; thence
North 89 degrees 44 minutes 51 seconds East (Assumed Bearing) along the South line of said
Northwest Quarter Section a distance of 374.23 feet to the Point of Beginning; thence South
00 degrees 42 minutes 36 seconds East a distance of 149.48 feet; thence South 00 degrees
20 minutes 44 seconds East a distance of 294.76 feet; thence South 01 degrees 37 minutes
14seconds East a distance of 49.98 feet; thence South 00 degrees 33 minutes 29 seconds
Eost a distance of 118.34 feel to the North line of Windpointe Section 1, a subdivision in
Hamilton County, Indiana, the plot of which is recorded as Instrument Number 9252064 in the
Office of the Recorder of Hamilton County, Indiana (the next two (2) described courses being
along said North line); thence North 90 degrees 00 minutes 00 seconds East a distance of
133.99 feet; thence North 77 degrees 26 minutes 07 seconds East a distance of 260.55 feel
to the Southwest Corner of Windpointe Section 3, a subdivision in Hamilton County, Indiana, the
plot of which is recorded as Instrument Number 9421443 in the Office of the Recorder of
Hamilton County, Indiana (the next ten (10) described courses being olong the westerly lines of
said Windpointe Section 3); thence North 00 degrees 00 minutes 00 seconds West a distance of
385.56 feet; thence North 14 degrees 13 minutes 01 seconds East a distance of 219.50 feet to
a curve having a radius of 1225.00 feel, the radius point of which bears South 14 degrees 13
minutes 01 seconds West; thence Southeasterly along said curve on arc distance of 24.82 feet
1011
oo point which bears North 15 degrees 22 minutes 41 seconds East from said radius point;
thence North 15 degrees 22 minutes 41 seconds East a distance of 151.62 feet; thence North
10 degrees 16 minutes 11 seconds East a distance of 87.69 feet; thence Nath 00 degrees 02
minutes 04 seconds West a distance of 531.58 feet; thence North 51 degrees 00 minutes 28
seconds East a distance of 50.30 feet; North 25 degrees 25 minutes 51 seconds West a
distance of 175.99 feel to a curve having a radius of 175.00 feet, the radius point of which
bears South 17 degrees 10 minutes 25 seconds East; thence Easterly along said curve an arc
distance of 50.30 feet to a point which bears North 00 degrees 42 minutes 17 seconds West
from said radius point; thence North 00 degrees 42 minutes 17 seconds West a distance of
251.13 feet; thence South 76 degrees 12 minutes 08 seconds West a distance of 187.95 feet;
thence South 43 degrees 23 minutes 59 seconds West a distance of 183.81 feet; thence South
23 degrees 55 minutes 38 seconds West a distance of 175.63 feet; thence South 09 degrees
19 minutes 26 seconds West a distance of 277.50 feel; thence South 67 degrees 00 minutes
00 seconds West a distance of 46.34 feet; thence South 12 degrees 00 minutes 00 seconds
West a distance of 116.26 feet; thence South 00 degrees 00 minutes 00 seconds West a
distance of 103.30 feet; thence South 26 degrees 23 minutes 08 seconds East a distance of
151.59 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 70.19 feel;
thence South 40 degrees 00 minutes 00 seconds West a distance of 50.00 feet; thence South
64 degrees 55 minutes 31 seconds West a distance of 78.63 feel; thence South 04 degrees 37
minutes 40 seconds West a distance of 124.62 feet to the Beginning Point, containing 16.662
acres, more or less.
THIS SUBDIVISION CONSISTS OF 24 LOTS, NUMBERED 75 THROUGH 98 AND BLOCK 'F' TOGETHER
NTH STREETS AND EASEMENTS AS SHOWN HEREON.
THE SIZE OF LOTS AND BLOCK "F' 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
92-27760 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. .
I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN
COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA AND 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 AND BELIEF THERE HAS BEEN NO CHANGE
FROM THE MATTERS OF SURVEY REVEALED 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 27r8- DAY OF __A RIL Z77x ,1995
EVAN J. EVAN
REGISTERED L NO SURVEYOR
INDIANA - #910024
910024
EMMIT A
TINS WENT WAS PREPARED
WINDP
BY EVAN
BY EVAN J. EVANS
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REGISTERED LAND SURVEYOR -INDIANA 0910024
3020 NORTH POST ROAD
INDIANAPOLIS INDIANA 46226
SECT
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PART OF THE
SECTION 3
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HAMILTON CO
LAND DESCRIPTION
Part of the Northwest Quarter and Southwest Quarter of Section 33, Township 18 North. Range
4 East in Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of the Northwest Quarter of said Section 33; thence
North 89 degrees 44 minutes 51 seconds East (Assumed Bearing) along the South line of said
Northwest Quarter Section a distance of 374.23 feet to the Point of Beginning; thence South
00 degrees 42 minutes 36 seconds East a distance of 149.48 feet; thence South 00 degrees
20 minutes 44 seconds East a distance of 294.76 feet; thence South 01 degrees 37 minutes
14seconds East a distance of 49.98 feet; thence South 00 degrees 33 minutes 29 seconds
Eost a distance of 118.34 feel to the North line of Windpointe Section 1, a subdivision in
Hamilton County, Indiana, the plot of which is recorded as Instrument Number 9252064 in the
Office of the Recorder of Hamilton County, Indiana (the next two (2) described courses being
along said North line); thence North 90 degrees 00 minutes 00 seconds East a distance of
133.99 feet; thence North 77 degrees 26 minutes 07 seconds East a distance of 260.55 feel
to the Southwest Corner of Windpointe Section 3, a subdivision in Hamilton County, Indiana, the
plot of which is recorded as Instrument Number 9421443 in the Office of the Recorder of
Hamilton County, Indiana (the next ten (10) described courses being olong the westerly lines of
said Windpointe Section 3); thence North 00 degrees 00 minutes 00 seconds West a distance of
385.56 feet; thence North 14 degrees 13 minutes 01 seconds East a distance of 219.50 feet to
a curve having a radius of 1225.00 feel, the radius point of which bears South 14 degrees 13
minutes 01 seconds West; thence Southeasterly along said curve on arc distance of 24.82 feet
1011
oo point which bears North 15 degrees 22 minutes 41 seconds East from said radius point;
thence North 15 degrees 22 minutes 41 seconds East a distance of 151.62 feet; thence North
10 degrees 16 minutes 11 seconds East a distance of 87.69 feet; thence Nath 00 degrees 02
minutes 04 seconds West a distance of 531.58 feet; thence North 51 degrees 00 minutes 28
seconds East a distance of 50.30 feet; North 25 degrees 25 minutes 51 seconds West a
distance of 175.99 feel to a curve having a radius of 175.00 feet, the radius point of which
bears South 17 degrees 10 minutes 25 seconds East; thence Easterly along said curve an arc
distance of 50.30 feet to a point which bears North 00 degrees 42 minutes 17 seconds West
from said radius point; thence North 00 degrees 42 minutes 17 seconds West a distance of
251.13 feet; thence South 76 degrees 12 minutes 08 seconds West a distance of 187.95 feet;
thence South 43 degrees 23 minutes 59 seconds West a distance of 183.81 feet; thence South
23 degrees 55 minutes 38 seconds West a distance of 175.63 feet; thence South 09 degrees
19 minutes 26 seconds West a distance of 277.50 feel; thence South 67 degrees 00 minutes
00 seconds West a distance of 46.34 feet; thence South 12 degrees 00 minutes 00 seconds
West a distance of 116.26 feet; thence South 00 degrees 00 minutes 00 seconds West a
distance of 103.30 feet; thence South 26 degrees 23 minutes 08 seconds East a distance of
151.59 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 70.19 feel;
thence South 40 degrees 00 minutes 00 seconds West a distance of 50.00 feet; thence South
64 degrees 55 minutes 31 seconds West a distance of 78.63 feel; thence South 04 degrees 37
minutes 40 seconds West a distance of 124.62 feet to the Beginning Point, containing 16.662
acres, more or less.
THIS SUBDIVISION CONSISTS OF 24 LOTS, NUMBERED 75 THROUGH 98 AND BLOCK 'F' TOGETHER
NTH STREETS AND EASEMENTS AS SHOWN HEREON.
THE SIZE OF LOTS AND BLOCK "F' 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
92-27760 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. .
I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN
COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA AND 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 AND BELIEF THERE HAS BEEN NO CHANGE
FROM THE MATTERS OF SURVEY REVEALED 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 27r8- DAY OF __A RIL Z77x ,1995
EVAN J. EVAN
REGISTERED L NO SURVEYOR
INDIANA - #910024
910024
C
February 24, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Consent to Encroach (Driveway Extension) at 12174 Woods Bay Place
Dear Board Members:
A Consent to Encroach document signed by Mr. and Mrs. John and Christina Hawkins, owners of the
property with the common address 1830 Derry Lane, 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
March 15, 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
JAMES BRAiNARD, MAYOR
February 24, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Driveway Extension) at 12174 Woods Bay Place
Dear Board Members:
Mr. and Mrs. John and Christina Hawkins, owners of the property with the common address 12174
Woods Bay Place, have requested a variance from Carmel City Code Section §6-227 (a)(4) for the
construction of a driveway extension within a portion of the lot designated as an easement. Generally, the
extension is proposed to be constructed 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 extension if such approval is required by the
restrictive covenants of the development.
Respectfully,
Jeremy Kashman, PE
City Engineer
DEPARTMENT OF ENGINEERING
ONE CMC SQUARE, CARMEL, IN 46032 OFFICE 317.57112441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov
EXHIBIT B
SURVEYOR LOCATION REPORT
hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date
ldicatcd and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
f 865 IAC 1-12 for a SURVEYOR LOCATION REPORT.
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5251 S. East Street #1
INDIANAPOUS, IN 46227
;INGISURVMNG LLC
PHONE (317) 974-5555
FAX: (317) 974-5570
Driveway Widened Area
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CERTIF- ED:,111//09/2015
David B. Holley
Professional Surveyor,
Indiana #890026
Job No.: 15111005
Sheet 2 of 2