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Home My WebLink About12584 Sandstone - Brantley, Jimmie/Tamara 20040 006488 ,f Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN ()\094; 01 -29 -2004 At 03:12 pm. ENCROACHMNT 22.00 CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Jimmie H. Brantley and Tamara L. Brantley, husband and wife, 12584 Sandstone Run, 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 WITNESSETH: WHEREAS, Owner owns in fee simple Lot Number 203 "Lot with a common address of 12584 Sandstone Run, Carmel, Hamilton County, Indiana 46033, in the Bayhill at Waterstone 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 in Plat Cabinet 1, Slide 490 as Instrument #9447296 in the Office of the Hamilton County Recorder on April 12, 1994 as Bayhill, Section 6; and WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate; and WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the System on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the System will be constructed on a portion of the Lot designated as Public Right of Way (the "Right of Way identified as Sandstone Run on Exhibit A, and as Drainage, Utility Sewer Easements (the `Basements identified as "25' D.U. &S.E. and 10' D.U. &S.E." on Exhibit A; [eb:msword..\ shared\ dhill forms \brantleyconsent.doe 10 /14/03] 1 WHEREAS, the Right of Way and the Easements are beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachments upon the Right of Way and Easements, which Encroachments are crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachments; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit A; and WHEREAS, the installation of the System as proposed by the Owner on Exhibit A should not materially interfere with the City's use of the Right of Way or 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 System and /or the Encroachments from what are depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the System as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, [eb:msword:z:\shared \dla forms \brandeyconsentdoc: 10 /14/03] 2 sewer lines or drainage ditches located in any or all of the Right of Way and/or 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 System or to Owner 5. 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 Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or related to the System or the Encroachments in the Right of Way and/or the Easements. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or all of the Right of Way and /or the Easements and/or any improvements located therein caused by the installation, construction, maintenance or operation of the System. 7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding on any entity to which Owner may transfer its responsibility for the System. 8. Owner agrees that its use of the System will not create standing water and/or other drainage problems that affect the City or adjacent property owners and that, if such problems arise, City, in its sole discretion, may itself remove or may notify Owner who shall then immediately remove, all or any portion of the System as is necessary to correct such problems, at Owner's sole cost and expense. [eb:rrrsword.z.\shared\dhill forms \brantleyconsenLdoc. 10 /14/03] 3 9. Owner agrees that the water flow from the System shall be directed away from all street travel lanes and that water from the System shall not be permitted to spray onto, traverse or otherwise come into contact with any travel lanes or paved areas of any street or street intersection. 10. Owner agrees that the placement of the System in the Right of Way and/or the Easements shall be at Owner's cost, expense and risk and that, if City, in its sole discretion, performs any work in the Right of Way and/or the Easements, including, but not limited to, the maintenance of grassy areas /landscaping or the snow plowing of streets or sidewalks, that causes damage to the System, or any part thereof, any and all repairs to same shall be the sole responsibility of the Owner and that, under no circumstances shall the City be responsible for any costs of relocation and/or repair of the System. 11. Owner agrees that certified record drawings of the installed System shall be provided to the City immediately upon completion of the construction of same, which drawings shall show by dimensional location, among other things, the location of all sprinkler heads, piping, controllers, valves, meter pits, and similar System instruments and /or equipment. 13. 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 cost and expense. 14. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. Ieb:msword:z:\ shared \dhill forms \brantleyconsent.doc:10 /14/03] 4 15. 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. 16. 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 PUBLIC WORKS AND SAFETY 1 ;l ��i"l10 ll%/�/ Jimmie H Brantley J es Brainard, Presiding Officer SSN: Date: Date: ■I -aj -O 3 Mary A Bur e, Member Date: a r c ye. Tamara L. Brantley Lori W er er SSN: 3)0 -50 t� S 1� Date: t 1 Date: 10 dl 0 s ATTE ��u 1ViI it i pea� ty C. lerk Yo /Diana Cordray, I Cle k- Treasurer Date: RETURN �O TO: SAN JOHNSON CI OF CARMEL ONE CIVIC SQUARE CARMEL IN [eb:nrsword:z:\shared\dhill forms \brantleyconsent.doc: 10 /14/031 5 1 STATE OF INDIANA SS: 1 COUNTY OF C(I 1Oj Before me, a Notary Public in and for said County and State, personally appeared JIMMIE H. BRANTLEY and TAMARA L. BRANTLEY, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his voluntary act a nd deed. Witness my hand and Notarial Seal this (1" of �(I n 201 A I OTA PUBLLIC My Commission Expires: AV-IS kill L— SiX4WE: ,v(IU 2_ Printed Name L My County of Residence: p h K,. r re `'1' j 7 c T STATE OF INDIANA :7•, 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 known in..� me cnown to e th Members of the City of Carmel Board of Public Works and Safety, and -IANA L ORP AY; `ielln 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 2003. 1 C L� i `C.Cj( {ate /...„.'.:...‘,/.,.7-,:), NOTARY PUBLIC My Commission Expires: f Ann 'J V O.. 0 wo r Printed Name My County of Residence: l' 1 Y) This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eb:mswordzAshared\ ail{ forrts\brantleyconsent.doc:10 /14/03) 6 i BRAN"iLEY AJL' s F 4civ, s 4 1 if 0 Svr et. Po7C� hou e cl-riv e i 0 o 1 r+4 g EXHIBIT A ENCROACHMENT EZZZ RIGHT OF WAY ENCROAC EASEMENT ENCROACHMENT