2841 Hazel Foster - Quadrant Development 0 200100035864
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
06-15- 2001 09:10 am.
ENCROACHMNT 22.00
APPROVED, AS TO
CONSENT TO ENCROACH FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by an between
Quadrant Development, 445 Gradle Drive, Carmel, Hamilton County, Indiana 46032 "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 Number 1 1 1 "Lot in the Foster Estates Subdivision,
with a common address of 2841 Hazel Foster Drive, Carmel, Indiana 46033, which is located within the
corporate limits of the City of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded as Instrument #9609636312 in Plat s%
Cabinet 1, Slide 710 in the Office of the Hamilton County Recorder on August 28, 1996, as Foster Estates,
Section 6A; and
WHEREAS, Owner wishes to construct a Residential Driveway (the "Driveway on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Driveway will be constructed on a portion of the Lot designated as a Drainage,
Utility Sewer Easement (the "Easement identified as "20' D.U. S.E." on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Driveway encroaches (the "Encroachment upon the
Easement, which Encroachment is crosshatched on the Sketch; and
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WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the location of the Driveway as indicated by Owner on Exhibit A, 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 the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Encroachment and /or the Driveway from what is depicted on Exhibit
A.
4. Owner agrees that City shall have the right to remove any portion of the Driveway 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 any or all of the Easements, 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
Driveway.
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5. The Owner, at its own cost and risk, shall remove the original backfill material covering an
area approximately 13 -feet wide by 55 -feet long over an existing 30 -inch storm sewer pipe
located within the proposed Driveway construction area, and replace said backfill material
with compacted aggregate backfill prior to Owner's construction of the Driveway. The
compacted aggregate backfill shall be backfilled in a manner that does not damage or
adversely affect the currently installed sewer pipe, and shall extend at least 5 -feet beyond
each point where the sewer pipe is "covered" by the Driveway. The City shall be notified
by Owner prior to the commencement of this work, and will inspect and must approve the
installation of same.
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 and /or damage to any property or improvements, located
on the Lot, or otherwise, which results directly or indirectly from any action or inaction of
the Owner, its employees, officers, officials, invitees, licensees and /or agents, regarding or
related to the Driveway, the removal of backfill material, the placement of compacted
aggregate backfill, and /or or the Encroachment in the Easement.
Bch no oid s \dloll ton,. 28 II hfo•lnronenn dor 10/19/00 3
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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 Driveway, or
due to Owner's other obligations, responsibilities, actions or inactions as set forth herein.
8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City with a recorded copy of same within ten (10) business days from 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 persons 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 the last party hereto executes same.
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"OWNER" "CITY"
QUADRANT DEVELOPMENT CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUB IC WORK ND SAFETY
i )//1. Alt
Ja es L. White, General Manager J es Brainard, Presiding Officer
SSN: 3i0- 50 78 JO ate:
Date: /0 23 Zoo 0
1
Mary An u rke, Member
Dat-: -o
Billy Talker, Member ="d"' e i,..•
Date/ -V /-s
ATTES i l 4 i y c s P
..0 Diana Cordray, IAMC 61e A•as rerti *'may'
Date: �F
`ray
7
Hof■ n \dhll\lonnd ?R I I hloucrcoow Ldoc 10/19/00 5
STATE OF INDIANA
SS:
COUNTY OF Hamilton
Before me, a Notary Public in and for said County and State, personally appeared JAMES L.
WHITE, General Manager of Quadrant Development, 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 23rtay of October 2000
-1
70 r I L
My Commission Expires:
Peggy J. McKinnon
11/10/00 Printed Name
My County of Residence: Marion
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 BILLY WALKER, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, 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
2 62_7(..,.x...e.:(_-
�`y C NOTARY PUBLIC
_a 4Expires: ----r---'
-1/4 fi Con S 7 /e
x y Printed Name
C ri My County of Residence: /1.6014 //eY/
i !:.b
This instrument Was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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re...--1 THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 46226 -0068 GIS •'LIS
z 317- 898 -8282 Geology
L CORPORATION 317- 895 -2803 FAX 1t
NOTE: 5
THIS DRAWING 15 BASED ON CONSTRUCTION PLANS OR RECORD
DRAWINGS AND IS NOT BASED UPON A FIELD SURVEY. THE
SCHNEIDER CORP. 00E5 NOT WARRANT THE ACCURACY OR NOTE: GARAGE F.F.E. IS
SUFFICIENCY OF THIS INFORMATION. THE CONTRACTOR SHOULD
VERIFY EXISTING CONDITIONS PRIOR TO ANY CONSTRUCTION. ANY PROPOSED TO BE 2.3 ABOVE
DISCREPANCY FOUND UPON THIS DRAWING SHOULD BE REPORTED
TO THE SCHNEIDER CORP. IMMEDIATELY; FAILURE TO DO CURB INLET PER PLAN.
SO WILL RESULT IN THE CONTRACTORS ASSUMPTION OF LIABILITY.
NOTE:
THE BASEMENT ELEVATION DEPICTED HEREON HAS BEEN DETERMINED AND
BASED UPON THE PAD GRACES AND OR CONTOURS TAKEN FROM THE
CONSTRUCTION PLANS FOR THE SUBDIVISION UNLESS STATED. NO
INFORMATION ABOUT FLUCTUATlNC WATER TABLES. SOIL CON01110115 OR NOTE:
SOIL TYPES WITHIN THE BUILDING AREA HAS BEEN PROVIDED OR STATED IN THE RESIDENTIAL DISTRICTS LIMITING
ON SAID PLANS. IT 15 RECOMMENDED THAT BASEMENT FINISHED FLOOR VE (25)
ELEVADON5 BE AT LEAST (1) FEET ABOVE 144 HEIGHT TO TWENTY FI
E NORMAL POOL ELEVATION FEET A ASSUMED NORTH
OF ANY AOJDININ0 B001E5 OF WATER UNLESS A STUDY OF FACTS DWELLING MAY BE INCREASED IN HEIGHT
REVEALS OTHERWISE. IF DURING 144E EXCAVATION PROCESS. ANY GRDUNOWATER TO THIRTY -FIVE (35) FEET PROVIDED SCALE 1" 30'
15 WITNESSED. NE SCHNEIDER CORP. SHOULD BE NOTIFIED IMMEDIATELY
THE BASEMENT ELEVATION SHOULD BE RAISED 2' ABOVE NE 0R0u000A1ER LEVEL THE SIDE AND REAR YARDS ARE
1,10 ADD■11CNAL CONSTRUCTION TECHNIQUES SHOULD BE INCORPORATED i0 AEVIATE
FUTURE PROBLEMS INCREASED AN ADDITIONAL FOOT FOR
EACH FOOT SUCH STRUCTURE EXCEEDS
TWENTY -FIVE (25) FEET IN HEIGHT.
PER CARMEL ZONING ORDINANCE 26.1.1.
TC= 819.00
PER PLAN 105
J=-\' 1 115.31
APPROXIMATE 'LOCATION
E%. STORM SEMER CONFIRM BEFORE
TO KA'YE BEEN RELOCATED_ EX. STORM MANHOLE CONSTRUCTION 6" SAN. LAT.
TC= .818 1111.&S E. AND WATER SERVICE LINE.
PER PLAN
1
i E PREPARED FOR:
I 63.3 1 STEVE SCHUTZ CUSTOM BUILDS.
N w I LOT 111 HOUSE LAYOUT LOT 111
15,750 SF FOSTER ESTATES
5 MIN. WIDOW WELL SECTION 6A
La
I 31 J I I 120.51 INSTR. 9609636312
62 67' SUMP !JUMP
O O PLACE BY 10 00 FRM POS M D SY FP t 1 PROPOSED 'GRADE E C. 1f 1 SLIDE 710
o r—•�
AS NEEDED TIES FFE Z_oo' 2841 HAZEL FOSTER DRIVE
,..r, j 822.0
i a BSMT FFE n
y___ 4 m THREE CAR 812.0
>S 41� 25.0' CAR FFE 2667' 10.0' THE LOWEST ADJUSTED GRADE
120.01 7 821.0 33 AROUND THE STRUCTURE
i o ",.6 o I PORCH 120.51 SHOULD BE EQUAL TO OR
IT ABOVE 819.8 N.G. V.D.
2:31 �505 33•` 7---35'8.L (FLOOD PROTECTION GRADE)
Vt,i r NOTE:
I ,i 36.0
6.0' BUILDER IS CAUTIONED, CONSTRUCTION OF DRIVE
5' MIN. PERMITTED ONLY AFTER OBTAINING APPROVAL
TC= 819.40 16' 15'D.S. &S.E. FROM THE CONTROLLING MUNICIPALITY.
PER PLAN A DRIVE 105.00
119.01 1-11` ,_„7-, h 9.1 I
♦'WALK WATER LINE
Z
V APRON V y W 1 --S5D
TC= 818.72 8OLLCURB O JOB 00- 1597 -14
PER PLAN 4.1 5Lo A.T SCOP 07/20/00 DJR
HAZEL FOSTER (DRIVE TYPICAL SWALE SECTION
50' R/W
EX. SAN. MANHOLE EX. SAN. MANHOLE
TC= 818.72 TC= 821.52
PER PLAN SAN SEWER PER PLAN
a
EXHIBIT "A"
1 v EASEMENT ENCROACHMENT
BACKFILL REPLACEMENT AREA