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HomeMy WebLinkAbout5298 Ivy Hill - Jasin, Jon/Mindy (2) 20041 ?t)t�43b 4 7\ HAMILTON bb COUNTY d IN JENNIFER J NNn 2 C ENCROACHMNTAt 01:12 ppm. DIANA Q 22. 00 a CONSENT TO ENCROACH A PHOVED AS TO FORM BY" THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Jon P. Jasin and Mindy S. Jasin, husband and wife, 5298 Ivy Hill Drive, 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 96 "Lot with a common address of 5298 Ivy Hill Drive, Carmel, Hamilton County, Indiana 46033, in the Plum Creek North Subdivision which is located within the corporate limits of the City of Carmel, Indiana "Subdivision which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 1, Slide Number 625, Instrument Number 95- 59876, in the Office of the Hamilton County Recorder on November 8, 1995, as Plum Creek North, Section Number 3; and WHEREAS, the current Owner has installed a concrete driveway, and also wishes to install a concrete slab on the lot (referred to hereinafter as the "Site Improvements and WHEREAS, Owner has given the City a sketch "Sketch depicting the locations of the Site Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvements are, or will be constructed on a portion of the Lot designated as a Drainage, Utility and Sewer Easement "Easement identified as "10' DU SE" on Exhibit B; and [eb:msword:z:\shared\Ipickett \forms \consents to encroach \jasin consent doc:8 /30/04) 1 WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachment upon the Easement, which Encroachment is crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the locations of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the locations of the Site Improvements as indicated by the Owner on Exhibit B 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 Site Improvements from what is depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion of the Site Improvements 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 the Easement, or for any other lawful [eb:msword'z:\shared\Ipickett forms \consents to cncroach \jasin consent doc:8 /30/04] 2 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 Site Improvements 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 or damage to any property or improvements, located on the Lot, or otherwise, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in the Easement. 6. 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 Site Improvements. 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded copy of same within ten (10) business days of 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. 8. 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. 9. The parties 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. [eb.msworctzAshared\IpicAttt forms \consents to encroach \jasin consent.doc:8 /30/04] 3 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY for Fre f Jon P. Jasin James Brainard, Presiding Officer SSN: 3 S z Date: Date: 2 Mary Ann r.urke, MembeX Date: `/7 Mindy S. Jasin Lori Mason, Mee e SSN: a 7 7" .5 Date: /S70/ Date: g ATTEST: M. Johnson, Clerk for iana Cordr IAI 4C, lerk- Treasurer Date: 4 O [eb.msword:z:\shared1pickett forms \consents to encroach \Jasin consent.do•8 /30/03] 4 STATE OF INDIANA SS: COUNTY OF if,/i/ n, Before me, a Notary Public in and for said County and State, personally appeared JON P. JASIN and MILADY S. JASIN, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. fr.-/ my hand and Notarial Seal this day of 20_ 'L., 0 ..21,,��7�.t1it/ NOTARY PI LIC My Commission Expires: \f(Aly SfoA p71),, c 6.. 020 Printed Name My County of Residence: ti L STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally ,appeared ;Mtaf-EIS MARY ANN BURKE and LORI WATSON, by me know and:b". i ie= YkriowriV._:be Xhe Members of the City of Carmel Board of Public Works and Safety, and Treasurer of THE CITY OF CARMEL, who acknowledged the execution Of tlle.foregoing• .Q&nsent'To; Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this IC day of 5- 0 0 A, 1 r NOTARY PUBLIC My Commission Expires: Anrl ,tt" '`7// /o• Printed Name My County of Residence: t- '�in/ 1 This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eb.msword:z:\shared\Ipickett forms \consents to encroach \jasin consent .doc8 /30/04] 5 LEGAL DESCRIPTION Part of the Northwest Quarter of Section 27, Township 18 North, Range 4 East, in Hamilton County, Indiana Lot #96 in the Plum Creek North Section 3 subdivision. Recorded in the Office of the Hamilton County Recorder on November 8, 1995 in Plat Cabinet 1, Slide 625 as Instrument #9559876. EXHIBIT "A" S +ter g rD �c r M.,� ;fie I Tit �J �fi r I X J 760.2 .1 �a i 1 a, uctxa t om.. d L i 1 f. 1 1 i s4 1 112 2,-4,1, ti v 1 0 -----'4 i 6W gyp' F C d z.. I C 1 1 I i' 1 i I 4 1 '3 is+ G i v 4. e 1 C 0 115e) "4o 1C-Y ©cG11 j f i 761, S t.'W' m N W� l� t.l� i z 1.) J/ C 1. r' ())1 �,l� ri,�(1"Yf ji t 2))/to r is fi s a_ tt L 1 .1 h: y c w k 4 1 4F t 3, "'14; r ti :s... K z „np 4 z K r A` 3: -x e't 4. 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