13104 Thomas Morris Trace - Wellenbach, Stephen/Linda CONSENT TO ENCROACH APPROVED, AS TO
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Stephen Wellenbach and Linda Wellenbach, husband and wife, 13104 Thomas Morris Trace., 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
W1TNESSETH:
WHEREAS, Owner owns in fee simple Lot Number 11 "Lot in the Brooks Landing at Prairie
View Subdivision, 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 #9709720008 in Plat
Cabinet 1, Slide 780 in the Office of the Hamilton County Recorder on May 22, 1997, as Brooks Landing
at Prairie View, Section 1; and
WHEREAS, Owner wishes to construct a Fence (the "Fence and has constructed a Driveway
(the "Driveway) on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Fence and the existing 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 Fence will be, and the Driveway is, constructed on a portion of the Lot designated
as Drainage, Utility and Sewer Easements (the "Easements identified as "15' D.0 S.E. and 10' D.U.
S.E." on Exhibit A; and
1
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence and Driveway encroach (the "Encroachments
upon the Easements, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Fence and Driveway as indicated by Owner on Exhibit A, should
not materially interfere with the City's use of the Easements.
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 Encroachments for only so long as:
(i) the Encroachments exist; 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 Encroachments, the Fence 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 Fence and /or 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
�d m a„ .i N a,ni ani ,mn ,vcuaia Jie„u.un a„ i uwn 2
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 Fence and /or the Driveway.
5. It is solely the Owner's obligation to ensure that the Fence does not impede drainage so as
to create drainage problems on adjacent properties. This obligation shall include all
necessary maintenance and repairs to all Fence components, including the removal of any
debris collected on Fence panels.
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 Fence, the Driveway and /or the Encroachments in the Easements.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Fence and /or
the Driveway, or due to Owner's 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
1
J
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.
1 1. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
Mir l Ill
PUBLI WORKS AND SAFETY
art-4-- aiii„e-7.--09-
Stephen We enbach J es Brainard Pres •din T Officer
SSN: 2.0-3R--307,0 D.te: 4, t7 C
Date: it 2,2_ -CIO
..,I ..,,k,h/AW:„,,g„g„...„,
Mary An urke, Merbgr
A Date: o/
c f #012—)
Linda Wellenbach Billy Walker, Member
SSN: i ad cZ, v Date:
Date: %1 r
TT ST: y i
(e- 4 /,it. lat
Diana Cordray, Clerk- reasurer
Date: A Co U)
k i, n,nldn„, i,., c iiou\ iartr,\ „endandi.on,n 4
STATE OF INDIANA
)SS:
COUNTY OF
Before nee, a Notary Public in and for said County and State, personally appeared Stephen
Wellenbach and Linda Wellenbach, 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 7 141H-~1 414 2000
,W4.4,-(t) `f 5730 6
NOTARY PUBLIC
My Commission Expires:
LuclndQ, S. Pea
,2.12 0 Printed Name
My County of Residence: 1/ 4-nu1 7L
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, d mjie k. wn to be th
Members of the City of Carmel Board of Public Works and Safety, and A D' A, 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 67 day of r e.4-4∎(-- 20g V.
NOTARY PUBLIC
My Commission Expires:
here. S. /e
Printed Name
My County of Residence: //a vN //7
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
5
NOTE:
THE BASEMENT ELEVATION DEPICTED HEREON HAS BEEN DETERMINED AND
BASED UPON THE PAO GRADES ANO OR CONTOURS TA200 FROM THE
STATED.
ON PLANS ST
CONRUCTI UC ATI S E O
RT HOL S
ES. S OI L N 0 V
CONSTRUCTION ABOUT FOR 11 0 U BAI
WATER VR TE, SOIL O
INFORMATION N CONDITIONS OR
SOIL TYPES \7THIN THE OUILDISG AREA HAS HEN PROVIDED 00 STATED
00 1:010 PLANS. IT IS RECOMMENDED THAT BASEMENT FINISHED FLOOR O
ELEVATIONS BE 01 LEAST (2) FEET ABOVE THE NORMAL POOL ELEVA1ION 0
00 ANY ADJOINING 1100105 01 WATER UNLESS A 211100 Or FAC IS
REVLALS OTHERWISE. IE [WRING THE EXCAVATION PROCESS, ANY GROUNDWATER
IS 11101055EU. 1110 SCHN'EIDER CORP. SHOULD BE NOTIFIED IMMEDIATELY, ASSUMED 111E BASEMENT ELEVATION SHOULD DE RA15ED 2' ABOVE THE GROUNDWATER LEVEL ASSU1, NORTH
AND ADDITIONAL CONSTRUCTION TECHNIQUES SHOULD OE INCORPORATED TO ALLEVIATE SCALE 1 30
FUTURE PROBLEMS
NOTE INSTALLATION 00 THOSE PORTIONS OF FENCE THAT
EITHER CROSS OR ARE ADJACENT TO UNDERGROUND
LOT 1 1
STORM SEWER PIPE AND STORM SEWER STRUCTURES
ARE
PRIOR T INST LLLAT 00 CARMEL ON SITE APPROVAL
54-6 SF
EXISTING SWALE NO GRADING 00= 749.20
10 GE DONE IN THIS AREA PER PLAN
�9.s� 6Q
sD .2 5� 1 34.76
SIOR7SEWER Ir, K I', -.7 15' DU SE :A A I j am
7 '��11�� T :'�r,. PROPFENCOSED E
33' RCP GATE w
STRAW BALES OR SILT FENCE IP
53.4' SHALL BE INSTALLED PRIOR
TO CONSIRUCIION. 1
WINDOW WELLS MAY
BE REQUIRED 10 THIS
PROPOSED i
01 AREA.
71- TH T O BE DETERN,INED�
BY E BUILDER
FENCE I'.
20 RCP
752.2 34.00' wooD 7 52.2 I''`
DECK I/
GATE 4
2 67. 10.00' PROPOSED 30,13 O
Az I m sr I ERR FFE SY `y
co 755.7 GATE_ 'WV
(D FP e
Ln n GSM FEE 511000 I
45 .1
N
OTE: r _I
WNGWALL 10 BE PLACED a 'o n J J
WITHIN REQUIRED SIUEYARD o _J
ONLY WITH THE APPROVAL 1% 1 07 5
1 nr,' I scr
30.0' �A
OFT \5 6 :r
OF THE 0110 OF CARMEL L�i72I T HREE CAR 750 4! j, I GA,, Ff E /,(Y
752 10.0' 2.0'
I GG('
r,T, 0 30' BL 7 7s 7
i',/
I z'
TC= 751.30
p�1 -7 I PER PLAN
1C= 753.50 15' DU SL -1 I U a- I C /��S�i� A E
PER PLAN J r/;i1 71±____ I WALK T-----------.-______i751.01 S fn'
EPSOIN APRON ROLL CURB °SSO
TC 750.70
1 PE PLAN
T -OvAS IV ORRIS TRACE
W50, R 1�/ E, LI
VV VV 00„„H„„„„„,„,,„,„,
BLOCK "H" PRIVATE DRIVE A '6ITC
1 -F' F p
NOTE: GARAGE F.F.E. IS N0.
PROPOSED TO DE 2.0' ABOVE 9800085
CURB INLET PER PLAN. STATE OF
0,
S .7 OS
111E PROPOSED DRIVE HAS BEEN PLACED AS DEPICTED
'�i,� /t�NNL p`
HEREIN AT 111E REQUEST OF THE CLIENT, THE CLIENT IS 515, llllllJiu�111*T5'
ADVISED TO CONSULT THE CITY OF CARM.SEL PRIOR TO
THE CONSTRUCTION OF SAID DRIVE AS SHOWN. ////`7 QC
NOTE, j
THE CLIENT IS ADVISED THAT THE SAN SEWER MANHOLE
NEAR DRIVE SHOULD BE FIELD LOCATED PRIOR TO ANY I
CONSTRUCTION ON THIS LOT.
EXHIBIT "A" z
ENCROACHMENT 4 1 s DP 1 oPE
E o 5�
TYPICAL SWALE SECTION
JOB tr 99 4 012 -14
11 /10/99 CWD