1203 Angelique Ct - Murphy, Michael/Lauraf eb:msword:p\shai edVpickal4onsents to enctosch\nunphy cte revised (fence).doe5 /2X /111]
CONSENT TO ENCROACH
APPROYO AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and b Ten
Michael P. Murphy and Laura L. Adams, 1203 Angelique Court, Carmel, Hamilton County, Indiana
46032, 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 50 ("Lot in Clay Springs Section 1 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 389
as Instrument Number 9404140 in the Office of the Hamilton County Recorder on January 25, 1994, as
Clay Springs, Section 1; and
WHEREAS, the current Owner has installed a fence on the Lot (the "Site Improvement and
1
2010035891 ENCROACHME $33.00
08/06/2010 10:16:19A 11 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
IlII
1111111111 IIIIIIIIII IIIIIIIIIII I Illllllllllllillllllll
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvement is constructed on portions of the Lot designated as Drainage
and Utility Easements, identified as "15' D.U.E." on Exhibit B, (the "Easements and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement encroaches eleven feet (the
"Encroachment upon the Easements, which Encroachment is crosshatched on Exhibit B; and
WHEREAS, the Clay Springs subdivision Homeowners' Association has approved the
Encroachment in an email dated April 15, 2010, a copy of which is incorporated herein by this reference
as Exhibit C; and
WHEREAS, Owner and City acknowledge the location 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 location of the Site Improvement as indicated by the Owner on Exhibit B 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.
[eb:msword:cashared Iptckett1consents to eno oath \mwphv cte I eersed (fence) doc:5 /28/III)
2
2. The City consents to the Encroachment for only so long as
(i)
eb: msword .v.'shareddpicketticonsents to encroach \murphy ete revised (fence).doc3 /2S /I0]
the Encroachment exists; and
Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure
or otherwise change the Site Improvement from what' is depicted on Exhibit B, and to
maintain the site improvement in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
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 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 Site
Improvement, the Lot, 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, and /or for any failure of proper disclosure pursuant to Paragraph 11
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and /or agents in, on, under, across or to the Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
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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 Site
Improvement.
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. hl 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
11. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and
others who acquire by or through Owner any interest in the Lot on and after the effective
date of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any
time.
13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on
the Lot or adjacent properties determined by the City to be resulting from the Encroachment.
[eb:ms, ord'v \shat edllpickett)consents to enct oach mu phv cte cvised (fence).doc.5/ZS /1111
4
"OWNER" "CITY"
MICHAEL P. MURPHY
Signature
Date:
LAURA L. ADAMS
Signature
Date:
Uso M. Scott, Noton, Public
Seal
State of Indiana, Motion County
My Commission Expires January S, 2017
Leh:msword:y:\chaie \Ipicketdconsents to encroacl■mmphy Ole,evised (fence) doe:5/20!10]
ATTEST:
Di a Cord
ray, IAMC, Clerk- Treasurer
D te:
5
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAF
.Dines Brainard, Presiding Officer
e:
Mary Any)Burke, Member
Date: l 7
Lori Wa son
Date:
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Nitetbk
IVITT LAURA L. ADAMS, 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 20Q.
ti;'
mmission Expires:
STATE OF INDIANA
Qbri
SS:
COUNTY OF HAMILTON
My Commission Expires:
eb: msword :y'shared Ipickett\consents to enci oach\nmiphv etc revised Itence) doc5 28/ 111]
NOTARY PUBLIC
M Ocott
Printed Name
My County of Residence: Han n vY
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, and b me known to be Jee
Members of the City of Carmel Board of Public Works and Safety, and D'-' i C lerk
Tr 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 C1,L 20 O.
NOTARY PUBLIC
Printed Name
My County of Residence:
pis
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have t. n reasonaale re to redact each Social Security
Number in this document, unless required by law. 4 (i
"OWNER" "CITY'
MICHAEL P. MURPHY
Signatre
Date: ∎JVne
LAURA L. ADAMS
Signature
Date:
Lisa M. Scott, Notary Public
Seal
State of Mona, Morton County
My Commission Espkes Januory 5, 4017
kb ri d sI cend.rsio .ncmnCilOM ae cd: 4c,) Abu <2r1
ATTEST:
5
CITY OF CARMEL, INDI
BY AND THROUGH ITS
PUBLIC WORKS AND
James Brainard, Pre.iding Officer
Date:
Mary Ann B rice Member
Date:
Lori W, son, Member
Date:
Diana iordray, IAMC, Clerk- Treasurer
Date:
e,6rin 4-0
o 3c 1
c 5
rfe.
it6 O32--
A,
OARD OF
AFETY
STATE OF INDIANA
t_ SS:
h�
COUNTY OF rn n
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL P.
MURPHY and L. A DA v1S', 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 --21 day of 201.
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
d .,a:r■ :h.vej Ipal.a, :one cots 10 coo os ete m, t,nl t fs.ncel do 5 n 1:;;
LivAL `D1i6tk
NOTARY PUBLIC
3wf
Printed Name
My County of Residence:
Before me, a Notary Public in and for said County and State personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me la vn, and by me known to be 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 ,•ecution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this da f 20
NOTARY PUBLIC
Printed Name
My County of Residence:
This instrument was prepar•d by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the pet ties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
6
Qanoo
LEGAL DESCRIPTION
Beginning at the southeast corner of the northeast quarter of
Section 33 North, Range 3 East in Hamilton County, Indiana
Lot #50 in Clay Springs Section 1 subdivision. Recorded in the
Office of the Hamilton County Recorder on January 25, 1994
in Plat Cabinet 1, Slide 389 as Instrument #9404140.
EXHIBIT "A"
E,NCt4t5rr
Pickett, Libby J
From: Laura Murphy [lauramurphyrph @yahoo.comj
Sent: Friday, April 16, 2010 9:02 AM
To: Pickett, Libby J
Subject: Fw: HOA Fence Approval: 1203 Angelique Ct.
Hi Libby,
Here is the HOA response to my fence plan.
Thanks,
Laura Murphy
Page 1 of 1
Forwarded Message
From: John Jurgensen <jurgy @sbcglobal.net>
To: Mike Laura Murphy <LauraMurphyRPh @yahoo.com>
Cc: Mike Keller <mkeller @omni- property.com Connie Beck <connie_beck @att.net Orielle Georgiades
<orielledg @yahoo.com Kim Kenney <kimkenney @sbcglobal.net Patricia Mannise <PMannise @indy.rr.com
Daniel Marble <danielmarble @gmail.com>
Sent: Thu, April 15, 2010 8:18:16 PM
Subject: HOA Fence Approval
Laura,
At our Board meeting Tuesday evening, the Board of the Clay Springs Homeowners Association approved the
wrought iron fence proposal that you and Mike submitted to us.
John Jurgensen
President
5/28/2010
iner C