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Home My WebLink AboutSewer Waiver Approved Signed by AllSANITARY SEWER EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN TRICO REGIONAL SEWER UTILITY AND DAVID B. WILSON AND AMY M. WILSON THIS AGREEMENT made this day of H2t 2020, by and between TriCo Regional Sewer Utility, a regional Utility with principal o ccs located at 10701 North College Ave. Suite A, Carmel 1N 46280 (hereinafter called "TriCo") and David B. Wilson and Amy M. Wilson, whose property is located at 2979 Winterset Drive, Carmel, IN 46032, (hereinafter called the "OWNER"), for the purpose of holding TriCo harmless for the removal or destruction of landscaping, fence, and/or structures located on die OWNER's property and within Drainage and Utility Easement(s) (hereinafter called the "Easement(s)") utilized by TriCo. WHEREAS, OWNER of a parcel of land in the City of Carmel, Hamilton County, Indiana, more particularly described in Exhibit A, attached hereto and incorporated herein by reference. Pursuant to I.C. 36-2-740, reference is hereby made to Instrument No. 200100033241 in die Office of the Recorder of Hamilton Comity, Indiana; and WHEREAS. OWNER has constructed or will construct landscaping and/or minor structures such as a fence or other similar structures, as part of its improvements of the parcel described in Exhibit A within the Easement(s) and WHEREAS, TriCo is a utility entitled to use the Eascment(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the Utility; and WHEREAS, OWNER agrees to pay/reimburse and hold TriCo harmless from any expenses incurred by TriCo by TriCo's use of the Easements) resulting in the destruction and/or removal of said existing and/or future landscaping, fence, and/or structures; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: The foregoing recitals are true and correct and incorporated herein by tliis reference. 2. OWNER agrees to immediately remove at its own expense any encroachment located within the Easements) once notified by TriCo to do so. 3. OWNER shall hold harmless and indemnify TriCo from and against all claims, liability and expense arising from the aforesaid encroachments, landscaping, fence, and/or structures, now existing or hereafter constructed, including the expense of removing, relocating, restoring, and replacing same. 4. TriCo shall be held harmless by OWNER and shall not be responsible for the damage, destruction or replacement of landscaping, fence, structure, irrigation lines, etc. within the Eascment(s). 5. TriCo shall be entitled to make repairs as they may deem necessary and advisable to utility lines within the Easement(s) without prior notice to OWNER. 6. OWNER agrees that any structures placed within the Easement(s) shall be limited to minor structures only, such as a sign, fence, retaining wall, or slight encroachments of concrete. No drainage structures, including, but not limited to, detention or retention basins, shall be permitted within the Easement(s). 7. OWNER agrees that landscaping within the Easement(s) shall be limited to bushes, shrubs, and flowers, and that no trees shall be placed within the Eascment(s). 8. OWNER shall allow ingress/egress over existing Easements) which may or may not include driving on/over pavement that is encroaching. OWNER agrees to hold TriCo harmless for any damage incurred by TriCo's use of the Eascment(s) which may include but not limited to damage caused by heavy equipment. 9. OWNER shall not place encroachments within the Easement(s) unless specifically provided for in this Agreement. 10, This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11, This Agreement shall be recorded and shall run with the land and bind OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit A. 12, Venue for any actions resulting from this Agreement shall be Hamilton County, Indiana. This Agreement shall be governed by the laws of the State of Indiana as are now and hereinafter in force. IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encro to lent and Hold Harmless Agreement on the respective dates under each signature. '( "b&� 4A"-� D vid B. Wilson, Owner Amy M. Wilson, Owner Dap;; O (� Date: k iJ Utility Director 11`' Q Printed Name: tom^ \ d"Pv.� �A� 1Y\S STATE OF iNDIANA ) Ss: COUNTY OF HAMILTON ) Before me, a Notary Public, is and for said County and State, personally appc.ired Amy M. Wilson, who acknowledged die execution of the foregoing SANITARY SEWER EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT, and who, having been duly swom, stated that any representations contained therein are true. Witness my hand and Notarial Seal this aCo day of �� V J i 2020, [Seal] L PAUL SLOAN Notary Publi Seal [Notary Public -Slate of Indiana Printed:�ommission Numet - 572999 ommission Expires Sep 15.2023 _ My Commission Expires:�2b?3 EXECUTED AND DELIVERED in my presence: _ _.____- Si /afore^ Witness: 7ah e► k. D; l� �_ Printed STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before r a Notary Public in and for said County and State, personally appeared (�an�zl 1\ �� (`c (Wi7ness•'s Nnme], being known to me to be Uic person whose panic is subscribed as a witness t the foregoing instrument, who, being duly swom by me, deposes and says that the foregoing instrument was executed and delivered by Amy M. Wilson in die above -named subscribing witness's presence, and that the above-narncd subscribing witness is not a party to die transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. Witness my hand and Notarial Seal this 2 �iday of 12020, (SEAL[Notary PAUL SLOAN Y� Seal Public - State of Indiana Notary Public mmission Numer- 572999mmission Expires Sep 15, 2028 STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared David B. Wilson, who acknowledged the execution of the foregoing SANITARY SEWER EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT, and who, having been duly sworn, stated that any representations contained therein are true. Witness my hand and Notarial Seal Otis 2 oy ~ day of ✓4 o i 2020, [Seal] l Notary Public FC7ommission tale of Intliana mer - 672999 Printed: ires Sep 15, 2023� My Commission Expires: EXECUTED AND DELIVERED in my presence: � Si ture Printed STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared �•r�1,rt lC �, Ilr.� (Wrtnesss Namej, being known to me to be the person whose nantc is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that he foregoing instrument was executed and delivered by David B. Wilson in the above -named subscribing witness's presence, and that the above -named subscribing witness is not a party to the transaction described in die foregoing instrument and will not receive any interest in or proceeds from the property that is die subject of the transaction. Fh Witness my hand and Notarial Seal this ?° day of tkJ � u,i� , 2020. (SEALJ---------- � ; u PAUL SLOAN scat Notary' Public Notary Punlic Slate of Intliana Commission Numer - 672999 My Commission Expires Sep 15, 2023 MARGUERITE es: H milton A0 STATE OF INDIANA ) srcAi. County of Res: Hamilton ss: My Comm. Expires 10•6w2022 COUNTY OF HAMILTON Comm, No, 658943 Before me, a Notary Public, in and for said County and State, personally appeared fP� lei t�1111Ms Utility Director, who acknowledged the execution of the foregoing SANITARY SEWER EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT, and who, having been duly swom, stated that any representations contained therein are true. Witness my hand and Notarial Seal this a (P day ofqE%2020, [Seal] 4OAAXuJ Notary Public Printcd:IyyM,6 one_ Mi 3TZI My Commission Expires: ID I u n^4 N EXECUTED AND DELNERED in my presence: Signature Witness: Printed STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared IWiiness's Nnnre], being known to me to be the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by Utility Director, in the above -named subscribing witness's presence, and that the above -named subscribing witness is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. [SEAL] Witness my hand and Notarial Seal this _day of Notary Public 2020.