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HomeMy WebLinkAbout930 Rangeline - Sierzputowski, Herman/Judith • 2012022602 ENCROACHME $26.00 04/26/2012 10:05:26A 7 PGs HAMILTON Clark LTONCounty Recorder IN Recorded as Presented ate °9191 iuiiiiuuiiiii INIPiiuiiiiuiiiiiuiiiuMiuuiiiiuiii © CONSENT TO ENCROACH APPROVED, AS TO THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is FORAw entered into o acid between Herman D. Sierzputowski and Judith R. Sierzputowski, (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 certain real estate ("Real Estate"), which is more particularly scribed in Exhibit "A" attached hereto and incorporated herein by reference ("Real Estate"), q3° °R. ' 'mat SeA,North Rangeline Road, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivisions"); and WHEREAS, the official deed of the Real Estate was recorded in the Office of the Hamilton County Recorder on January 4, 1990, as Parcel #09-24-00-00-023.001/Instrument #9000455; and -` WHEREAS, Owner wishes to construct a driveway (the "Driveway') and a parking lot (the "Parking Lot") on the Real Estate; and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the Driveway and the Parking Lot on the Real Estate, copies of which are attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, the Driveway and Parking Lot will be constructed on a portion of the Real Estate designated as a Sanitary Sewer Easement (the "Easement"), identified as a "20' Existing Sanitary Sewer Easement." on Exhibit B; and WHEREAS, the Easement is beneficial to the City and its residents; and 1.mr..m A:,.a¢dwol aLilllmn.nnnaneue A,a_L.,.p, 1 WHEREAS, as indicated on the Sketches, the Driveway and Parking Lot encroach (individually and collectively, the "Encroachments") upon the Easement, which Encroachments are crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachments; and WHEREAS, the location of the Driveway and Parking Lot 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: . The foregoing preambles, recitations and definitions are made a part hereof as though such were fbIly 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. �. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change any or all of the Encroachments, the Driveway and/or the Parking Lot from what is depicted on Exhibit"13. 4. Owner agrees that City shall have the right to remove any portion of the Driveway and/or the Parking Lot 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 ally 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 and/or the Parking Lot. 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 properly or improvements, located on the Real Estate, 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 Parking Lot and/or the Encroachments 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 Driveway and/or the Parking Lot, or due to Owner's other obligations, responsibilities, actions or inactions as set forth herein. 7. 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 ( I O) 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. 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 persons executing this Agreement represent and warrant that they are authorized to I.ii. .iA a �.imI.liill�mm niii cno.oil J..__7,''I� enter into and execute this Agreement for and on behalf of the party which they represent. 10. This Agreement shall be effective as of the date on which the last party hereto executes same. "OWNER" "CITY" HERMAN D. SIERZPUTOWSKI AND CITY OF CARMEL, INDIANA JUDITH R. SIERZPUTOWSKI BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY 471/tainutta9DSD 4// /... ,..P ' Herman D. Si rzputowsk P James Brainard, Presiding Officer .r', SSN: 3 2 - 30 - C Y 6'57 ate: Date: 3 cri o / L/ Ls =- — // 1 Mary Ann - ur Mr er Data 3 - ly .1 iii .�� 1 ' s �/i , 1 - .� iJ Al / � � a tr• iith R. Sier,put wski � w Billy talker, Member SN. J/3 - 2 - AS-9r Date: a-fi --Ol Date: 3- 5--O/ ATTEST: /LC Diana Cordrav AM -, Clerk-Treas er Date: .--. 191, 4 STATE OF INDIANA ) ) SS: COUNTY OF -- di ) Before me, a Notary Public in and for said County and State, personally appeared HERMAN D. SIERZPUTOWSKI and JUDITH R. SIERZPUTOWSKI, 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 J day of At s..__: , 200/. ' / , v NOTARY PUBLI ' _: My Commission Expires: -ri• N, T c- -9 -co a / Printed Name My County of Residence: /0/,.4,-/,‘ T,,/ STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES— —B-RA-1-NARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to he 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 for "CONSENT TO ENCROACH" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this ✓/ day of W2c2zQ h , 20 6/ fl ; ` fr-P e, ` q _ NOTARY PUBLIC °sr • My Commission Expires: / a" ` `! - cc L,,,?, /£-.w. GcrAL,,,, /fb , ,,: (,Y } -o,`L J Printed Name � My County of Residence C/a, , e/72-r' This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic'Square, Carmel, Indiana 46032. that mrn�e 'I C r" .c , ce.chs cielSecunty taken reascnabfc cc:-;o rnumU%(.n the dec'—v cni.'S'J'—"'QUi;ed by 4aw, ia.•. .,•n.,.....mieni.ro,R,n. ..-„ a,..__,a•n 5 _ �� home • EXHIBIT"A" DESCRIPTION OF REAL ESTATE PARCEL#09-24-00-00-023.001 INST.#9000455 DATED JANUARY 4, 1990 A PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 18 NORTH,RANGE 3 EAST,IN CLAY TOWNSHIP,HAMILTON COUNTY,INDIANA,DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 18 NORTH,RANGE 3 EAST 898.75 FEET NORTH 00 DEGREES 00 MINUTES 00 SECONDS (ASSUMED BEARING)FROM THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 42 MINUTES 50 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER 758.70 FEET TO AN IRON PIPE FOUND;THENCE NORTH 00 DEGREES 34 MINUTES 19 SECONDS EAST 143.75 FEET TO AN IRON PIN SET; THENCE NORTH 88 DEGREES 42 MINUTES 50 SECONDS EAST PARALLEL WITH SAID SOUTH LINE 757.27 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER;THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS ON SAID EAST LINE 143.71 FEET TO THE PLACE OF BEGINNING. i I \ Zng' Cn �z _ \y I C , , z7 _ / }AL /11611`• .< n > ��� 2 >'` .rz AIL D e) vrz i ,. o° I lo a - X it 4°N C ra 0• C m 4 n e v y��i• 7 [p x �t y r a nib ♦4 no o z 5 o CD O I ',U C / AI • B \ + ( 3 m ►�� �V L \�'. 14 UI m 1 l -I :� r ~ •' FT 0_ 2 Z 1 �t n I - 1 4 o ° L ' R O xi Z -_/� > fl I IC K� '" = = to ' 4.1 m o F ' I —i 4 C ��:: \ / s I\ • aQ tolt r I'.• a7. an 1 — - - - - �. m 1591.79' �, J x¢f� �- v a r•vurt u baG I 'n (rmr•ar.km--s...psmw) 88 Si 011X t coo) soon saw (us mama) 0110111B VIII= MI Wel INFO