Woodlands Subdivision Lot 35 Sec 31 APPh ✓AL OF ENCROACHMENT OF HOUSE ON DRAINAGE Et,,EMENT
LOCATED AT LOT 35 IN WOODLANDS SUBDIVISION SECTION 3 CARMEL, INDIANA
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151 �ACB V
The Board of Public Works and Safety of the City of Carmel,
Indiana herewith approves the encroachment on the drainage easement
located on Lot 35 in Woodlands Subdivision, Section 3, Carmel,
Hamilton County, Indiana, the legal description of which encroachment
is as follows:
A part of the drainage easement located across the North side of Lot
35 in The Woodlands, Section Three, as per plat thereof recorded in
Plat Book 5, Pages 169 -170 in the office of the Recorder of Hamilton
County, Indiana, said part being more particularly described as
follows, to -wit:
Commencing at the Northwest corner of said Lot 35; thence south along
the West line of said lot 40 feet to a point on the South line of the
above mentioned drainage easement; thence northeasterly along the
south line of said easement 36.71 feet to the POINT OF BEGINNING of
this description; thence North parallel with the West line of said
lot 7.14 feet; thence East parallel with the North line of said lot
27.09 feet to a point on the South line of said easement, said point
being 49.03 feet southwesterly along the south line of said easement
from the East line of said lot; thence Southwesterly along the South
line of said easement 28.01 feet to the place of beginning.
This encroachment is allowed to alleviate a hardship
situation on the part of the owners of said lot and further that
this encroachment shall be allowed only under the following conditions:
1. All slopes, where feasible, except in the actual
encroachment area, be graded to no steeper than a 2 to 1 slope and
vegetative cover established and maintained or a properly designed
concrete or other permanent structural retaining wall be constructed.
The toe of the slope should be pulled back so as to not obstruct the
inlet of the south culvert pipe under Haverstick Road. The ditch
botton shall be a minimum of eight feet wide. Wherever it is not
feasible to construct a 2 to 1 slope, a retaining wall shall be
provided.
2. The portion of the ditch bank located in the encroachment
shall be sloped as in Item 1 above, and shall in addition, be
protected with hand placed rip -rap to a height of 3 feet from the
ditch bottom to retard any erosion towards the building. The rip
rap should extend from 10 feet west of the point of encroachment on
the west to above 10 feet west of the point of encroachment on the
east.
3. The owner of the property and his heirs and assigns and
all future owners of said real estate shall be deemed to have
knowledge of the existence of this encroachment and shall be
responsible to hold the City of Carmel and Hamilton County harmless
for any damages whatsoever resulting from flooding or erosion damage
to said real estate or any and all damages whatsoever to other
persons or entities resulting from such flooding or erosion damages.
TlEls Instrument RecordeQ_7',�Q e,5 1 7 7
JUN M. HEDGES, REGORGE. HAM TOf COUNTY. 11111
4. The City of Carmel and the County of Hamilton shall
have the right to cancel this permit to encroach immediately upon
the failure of any owner of said property to comply with the
conditions imposed herein and such City or County may take whatever
action in law or equity which it or they would be allowed to take
if this permit to encroach were not being given at this time.
1•As Instilment ttrCtmri�rC�, 1 trik. 7
1llPl
E M. HEDGES, RECUHUL 1 HAM1 TUN COURT.Y,
ATTEST:
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Peggy Lou
Clerk Treasurer
M' 1 5 =t 6 81
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A B. ickett, Mayor
Owen S. Kern, City Attorney
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Fred ohl, ity E neer