13034 Finnhorse Drive2018043740 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 a
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between M&I Homes of Indiana,
LP, 14034 Finnhorse Drive, 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 56 ("Lot") in Westmont, Section Number 2B 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 5, Slide Number 304, Instrument Number
2015026596 in the Office of the Hamilton County Recorder on 6/3/15, as Westmont, Section Number 2B (the "Plat"); and
WHEREAS, the current Owner wishes to construct a patio 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 Regulated Drainage Easement,
identified as "30' R.D.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'sre s for a variance from Carmel
City Code Section 6-227(4) on 311511%- _;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
J
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 apart 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"
M&I Homes of Indiana, LP
610
ignature
Date: 3%i �02 a %
STATE OF INDIANA )
) SS:
COUNTY OFr'lar1 0 tN )
Before me, a Notary Public in and for said County and State, personally appeared M&I Homes of Indiana, LP, 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
6- /C 2011
C aq� (J-
'ssio
TARY PUBLIC/ A
"L
M Co Expires:
l SS 1 V
T�
Printed Name
O F~
CABBIE V NEWMAN
My County of Residence:
�` y,• •••:�'�yldotory Public, Stole of Indlono
1No1Aar ; Morton County
Commission # 670955
My Commission Ekpires
July 29, 2023
►,,,,,��
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PTT1P1T Tr W0RKC AT%M CAPPTV
DIM
Lori Watson, Me er
Date: / 5 /
ATTEST:
A4W '
Christine 'ap ley, Cl Treasur v
Date: 3/is-/7
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 kn gn rand �y me known ( to be the Members of the City of Carmel Board of Public Works and
Safety, and C Y, Clerk -Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the
1`iTT terve--
foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 5 day of IS�C1} 2019 .
N TARY PUBLIC
My Co _ ! Af l►JE WI..J--
DIA JlAndlana
Printed Name
Seal�m f I
Notary Public - StaAte-of My County of Residence:Hamilton CountyMyCommission Expires MaThis instrument was prepared byDy, 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
JAMES BRAINARD, MAYOR
March 6, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Patio in Drainage Easement) at 14034 Finnhorse Drive
Dear Board Members:
A Consent to Encroach document signed by Jerrod Klein, authorized representative of M&I Homes of
Indiana, LP who is owner -of the property with the common address 14034 Finnhorse 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 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
G�
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
March 6, 2017
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
JAMES BRAINARD, MAYOR
Re: Request for Variance (Patio in Drainage Easement) at 14034 Finnhorse Drive
Dear Board Members:
Jerrod Klein, authorized representative of M&I Homes of Indiana, LP who is owner of the property with
the common address 14034 Finnhorse Drive, has requested a variance from Carmel City Code Section §6-
227 (a)(4) for the construction of a patio within a portion of the lot designated as an easement. Generally,
the patio 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
construction of the patio that, in the opinion of the City, represents a Detriment as defined in City
Code.
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
I
EXHIBIT A
,'�STOEPPELWERTH
SID WMONT2.56
ALWAYSON
CONTROL# 69494 MI
7965 ELW 10616 S1Tee6 F01 m IN 46W2505
phom- 317.8495935 Im.317.849S942
14034 FINNHORSE DRIVE
(PIN)
CARMEL, IN 46032
THE FOOTINGS FOR THIS HOUSE SHOULD BE
CLAY TOWNSHIP. HAMILTON COUNTY
PINNED SINCE THERE IS LITTLE OR NO TOLERANCE
ON THE SIDE YARD REWREMENT. BUILDING LINE,
AND REAR EASEMENT. CALL US WHEN F007ING
IS W SO WE CAN SCHEDULE PWDUNG.
1'
LOT AREA. 10,400 Sq. Ft
REAR MA_A.M-9oas
REAR Y.FP.0.m905.9
M.F.F.-909.4
LEGEND:
---X PROPOM QUM PER FIAn
80.00
F=-=-1 AS GMT GRADE
SUD-SURFACE DRAW
M- 9D&67—
OSA _ AS 810.7
SAtDTARY SEWER
— —STORY SEWER
ry WATER MAN
o— 31C WATER CONNECTION
..s—�.. ..
_. �SWALE
30'RG[.
• SWTARY MANHOLE
_I
DECK ai .09.2
�J STORM YANRaE
30.x8' N�,6i�
2.OQ' 2W G
Gi'>H DOST
■
A'.d Lo
�
C,STV �• umELP GRFswGRE D N t2
c(sA°
nYOHAHi
lar Ly ar sD
� WATER vuvE
I
n
.U.&T.SE. DRANAGE UTUTY 4 SWART
D5a
SEVR FASEWNT
MILE RESIN'AEASEMENT
s +21» a3
.ciAnrocPE EASEI7
CAFL
Cal „909.53 L R
B.L. BULGING UNE
MT.P.G VIM= TDOSGD PAD GRADE
LCcNrx 07.2
'
AGERR7 GRADE
LLfI.G Y0."MUM fMUM w6N15HE0 {
ORM2ra0.�•ti
7S ELLWEST
0.87 Sw UNE
SOD LINE
092 20' D. E. ESC. N&
1'Z AS BUXT
T.C. 909.52
07.9 I AS B=T `
N
NYfl3d
80.00 1 SSW I
LAS MALTi
TS I" lO ALL UNDORGRO-D SEnER^ AND UDUTIES
v SHmn ARE PLATTED HY SCALE TROY
*RECORD DRA.KGS FLU*.S HED BY atGNEER.
am
85f10HKEYSTONE CROSSING SUITE 590
DBNANAPMI% 24 48240 SOD:
SFIDING,
CONC. DR11"AY:
242* Sq. Y
4.255* Sq
994 t Sq
LOT 56 PPU LIC � 0* Sq FFL
WESTMON I
SECTION 2B
s2
1Mnrllrrr,,,,
a`"c�10EPpl�'
1911 1 No.
80040474 __
Yd
k STATE OF ! `
Ft.
gUR�fc
INST. IF 201 0 6596 pENCHMARI( IGF iY5 PRAYING 6 NDE w FADED TO
PQ 5 SLIDE: 349 TOP OF CASTING = 909.52Ds r". A � rc v RLSYw
ZONING, , PUD
aDa+
5' MINIMUM SIDE YARD,
FRONT YARD FOR 120' AND 100' VADE LOTS -20' w/z7/15 cu
MINIMUM, FRONT YARD FOR 80' VWDE LOTS =20'
MINIMUM FOR DWELLINGS VATH COURTYARD SIDE ENTRY III rl 1 d
GARAGE, AND 25' FOR ALL OTHER DWELLINGS,
20' MINIMUM REAR YARD CDuD�D19Daa
EXHIBIT B
• sEs1NONT. SECTION 28 feet 15) I&Tm a9 bree, 38 mkwtes 41. es -s East. 14956 feel.' 16) Snell 00 dgeet 21 erkwUs 19
eerwnde East 42900 feet to Nath One of U• a(vaaid.Wxt-t. Sedan 0.r, oro M U ,place of
A Goal al the South Hall of Section 21. ToeeahIp 18 North Ran, 3 East Cj y Ta.eddp, Hnna"Cwn! bmgwrky -joining 36661 we*. m«• « I.. eub)eet to ell toga Mpe.eM righwoi-�•my; eee.renla
iidoo. rears'porli0ppdy dewDed d tdM.c w 0nd natricti.. o11 -d.
Cor mci g at N• SaatA«x oa n« 01 aced Nolle tAenu'Soul6 83 doVM 38 mNut« 41 o•oyp3. yet
.. 6337.85 feet clang the SWM Un. .4 cid Half to•the Swtbaox" war of the leek ball of lee'Swtheatt
Oaort' of add Switch 21: theme onatfeub9 Sloth 89 d•rees 38 mi -lee 41 -4. Week 450-00 yet
along. odd We to the Smi"eaet torr Of ®«boon!. Sfaton ar^ tee plat o1 mhkh Is i•wd d b
Inebunenl XOOOW 2009-015797. Plat Coninst 4. Sift 524 li the OfGte of Me Recorder. homilm Cooly.
ndlm therwe along the bwels of odd Mrieont S"Aim One plot by 0m nW nM (9) corse: 1) .
Noith OD degrees 13 Inks to 65 ceeaedt Ecil 60x00 feet; 2) North BI dere« 36 miwte 41 -WeHot 45000. feet: 3) North m 4.W.- IS moat. 65 oeemda Eat 545,78 feel; 4) 5wU 09 bred 38
ia&wt« 41 «cmb twat 20.181.feet. 5) Sloth 00 de9roes 21 miutea 19 eeamd, EGA 2x76 feet: 6)
Swth 89 dbgmm 35 mirwW 41 eamft Wet 16400 fel• 7) North OD dereas 21 mnWee 19 t onos
trek 120.00 est 8) South 89 dgeee 3B mi utea 41 -4. Wort 82N feet ding the Nodi, One of sad
plot to the pe -T 0r mGmv 5,6 N this dw/gtim: 9) rentirwng South 89 arra 3a mYWin 41 teaonds
_ Wet 37207 feet doing odd North We to Or SatM«t weer a Wrsmml. 5«tim+ 21 the pled W frim
la recorded ce nstruoeet Mmbw 2014-41IMSt Pick Cabinet 5. Sr" 225 In &OW gory CMM Ihwae
' dm9 the bawds of eaW"YeatrwnE Sake 2A Plat by 1h• net t -Ay (20) -,e , 1) 14«th 00 4sree
21 mkwte 19 «mo4i Wet 223.00 feet; 2), South 89 bWM 38 sande 41.eeoow. Week tC400 feet 3)
North 00 dgen 21 mhelfes 19 stands VAM 17.00 fat 4) Swth 89 bents a mkwte 41 sands
Wet 6400 feet b tee pont e1 _t.e .4 a curve mnaaee-m-em•terly lira rww pont of Wal 0.r«
being Swth 69 40W ee 35 Minutes 41 eecags Week 20.00 feet Yoe e W point 5) •mt6.«Iuly ding
WW lures 31.42 feel to the paint of lmpaq of " care, rad point be 5,g SWth do derees-2f MI-aen
90 nsrmds Eat 20.00 feet Yen the r"w print of add caro, 6) South 119 dereee 35 mkwte 41
eiconb Want 14400 feet; 7) North 00'dereo 21 "tb 19 ssreiwe Went 140.00 roe: 8) North 02
dere« 49 nuuab" 33 Wooda Emt 200.1 feet 8) -- 89 ogees 35 mk4tca 41 moft, Week S8.S53
feet 1o) Korth 00 dare? O6 nano . 36 eetmd9 Week b0400 feet 1/) Sou 8H dogreei 38 m'vwlea it
wonds Wet 39.95 feet 12) North 00 dgw 05 mnutee 41 seconds W«t 12400 Wt 13) S tin 89
breee 38 oriwtee 41 taaalb Wye IMM (eet*14) North 00 derw 05 miwt« 41 cavMe Yet 2407
W, 13) Nath 89 dWees 54 mkwtu 10 «rob Ewt 12400 Feet 16) N«U 00 4.0.. 05 nimut. 41
mcwlft Met WM yet.' 17) South 69 atone 54 miwtes 19 asconds Walt 170.00 fel' 18) south 00
derese 05 Nested 41 waandi Cbk 18.66 /«t 19) SwU 89 apron 54 oft« 19 oec Week 130.00
F60% 20) Neth as brio 05 mien 41 ww4s Wort 39143 yet th•nta NWh 69 degrees 39 Diane
54 eecan4s Coat porde .nth 0n Noll rad of the Swthe•ek Outer of tee ar«esad Seaton 21, o
detheca Nand 82 degrees 40 Msec
ellee 24 mde EOsE Gonad WM W ies
Nath l
N tfu.Sauthsost 4aM1r of ¢alp Strum 21, o detanb GI 1.3&99 feet to tee lfdrth.eet taper of cad
Wet--. sectio 2A Plot ki • m dang tee bred, of steal pot by ere neat Yateeh (16) tatueena 1)
Swlh 00 44110 4 13 mnutee 55 aaamds Mg 2441,97 ret 2) Scum 89 dsgr«e 38 mlwles 41 Leola
VM 17402 feet 3) south 54 Goes 16 wJwU. 48 setanb Week 25oo wt to o pent on a are
mecan. ewth wUt% the ra9+s point of sM err btlq SWM 54 ds, 16 okwto 48 6etaab Week
17500 feat Yon odd pant;4) nMh.eetmy dap WU m 2IL43 feel -to d Oast a odd cur«. aeid
iwnk lwip ilom 44 bras Je mnutw 41 teams Eat 175,00 feet 600 the rediae pent of odd fan
3) Soto M doges 36 okwtee 41 atraWs Met 22CSO feet.' 6) Soath,Cg.degreea 39 mnatm 41
nemn4a Week 43419 feet 7) North 00 dsrees 19 mkwte 36 6KMda*Mit:i6a00 fen 8) Soth 89
dereea 38 mWA. 41 amnia Wort 20.01) feet 9) South 00"19 minute 36 eaamb East IM87
. feet 10) 50th 25 dere.. 15 mkw/e SB WO.Ws Wet 154-M beet 11) Narm 89 dgaee 3B mimed 41
:k« .de EAtt 28292 feet 12) Sw% 00 ager 21 moat« 19 Meso, Eoa1 16000 yet',3) Kwtn So
?srw 38 mnulea N wonde Cwt 9.00 feet 14) scull 00 bOree 21 n*e to 19 eeemds.Eosl 210,00.
"itde Mb&Aobn rectoo conYels of 53 -lob mrmWro4 56-62. 73. 76-79, 85-89, 101-105,112. 114-143 (W
iKlueiw). 2 Common Nees ktWW CA. JIG -CA. it" (W fnduYee). «m 1 Retkted CM on Arco labeled
N.C.A: OIL TW •w of wU m4.0dlh o1 at -t. oar elwm it feel and deebrd Go," the_,. _
1
Cra4-Referante I. Bray made to 0 4-ey plat bled Iftj 29, 2013 prepared by Suppd.snh k
A•to LM reload b netrmncnt Inmber 2013,0542266 n the Wk. of the Reader of Womitori Ce ,,
mama
I. V4 mwercipnd, MrtlY esti. Not I ern a Regimes lord Aereyor, liamted n can fiance .In the Ion ..
of the stat. d Immo aid IM the aiUn plat ceyynu a s bd. WO.0 of the Ion« w.rsyd ether tee
vox• r•ferented sorry plat oard Orob to er beat Of
my inoeydge ond belief Ihne has been no
ea. waddeforr of sores. r�e�wJpE4a by Un voee-ref /neoc4 euney m ony Ince that eaa tonna .1m the
Mb- my elrwtwa 1Ma _ 141 _ dq of X 41 alis .
'92 R"Wared land &-pea CefU"te:
4 Dean. 0,== hotly wty beet 1 om o Ieegyterd fano Sorrey«.
Iicenew in dth Ue lea of tee Stale o/ naaw.
That a w maWmmtt thorn thneal a:taay cert Dad Vol the
Iamlian, rte, lype mM apterid on acoralYy Nan:
And that W r.Wk-te ipecfid n Ua aub .W- orbtmap
of the 61y Of Cored hoe twee met Q
1 074nl. under the pe•dtee ler prLn, that 1 haw loiee eemmople we le
redOtl eosin eoW =ty r4m0er Inn �-tNs doamnk. wass rpuked by k.. No.
(M
GOTATE OF
t>swwe a amsle4
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