14378 Oak Ridge Court - St. Angelo,John/MaryEllen/Gordon 2007039678 ENCR $27.00
07/16/2007 01:09:14P 9 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
1.91
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
John, MaryEllen, and Gordon St. Angelo, 14378 Oak Ridge Court, Carmel, Hamilton County, Indiana
46032, "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 13 "Lot in the Rohrer Woods 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 Book 16, Pages 86 -88 as
Instrument #8825672 in the Office of the Hamilton County Recorder on December 2, 1988, as Rohrer
Woods Section 1; and
WHEREAS, the current Owner will construct a fence on the Lot (the "Site Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed 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
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WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a
Drainage, Utility and Sewer and Non Access Easement (the "Easement and
WHEREAS, Site Improvement will be constructed on a portion of the City's right -of -way for Oak
Ridge Road (the "Right -of- Way and
WHEREAS, the Right -of -Way and the Easement are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment
upon the Right -of -Way and the Easement, which Encroachment is crosshatched and identified as "the
Encroachment Area" on Exhibit B; 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 Right -of -Way or 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 all of the terms and provisions of this Agreement; and
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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 covenants and agrees to:
a. Construct the Site Improvement to provide the minimum clearance required by the City
of Carmel Fire Department for unimpeded access from Oak Ridge Road to the existing
fire hydrant within the Right -of -Way at the northwest corner of the Lot.
b. Construct the Site Improvement so that, pursuant to the Deed of Dedication and
Protective Covenants and Restrictions of the Subdivision, being part of the
aforementioned official plat of the Subdivision, the portion of drainage easement on the
Lot is kept free from obstructions so that the surface water drainage is unimpeded.
c. Construct the Site Improvement so as not to create a Detriment as defined in Carmel
City Code Section §6- 221(f).
d. In constructing the Site Improvements, the Owner shall comply with all applicable
sections of Carmel City Code, including, but not limited to:
i. §6- 222(b)(11);
ii. §6- 227(a)(1);
iii. §6- 227(a)(8);
iv. §6- 227(b)(1).
5. 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
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lines, sewer lines or drainage ditches located in the Right -of -Way or the Easement, 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.
6. 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 12
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in, on, under, across or to the Right -of -Way or the Easement.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Right -of -Way or the Easement and any
improvements located therein caused by the installation, construction, maintenance and/or
operation of the Site Improvement.
8. 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.
9. 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.
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10. 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.
11. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
12. 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.
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STATE OF INDIANA
SS:
COUNTY OF f /Gilri;
Before me, a Notary Public in and for said County and State, personally appeared JOHN,
MARYELLEN, and GORDON ST. ANGELO, 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 -2/ day of 7 7 —i 207
NOTARY PUBLIC
My Commission Expires:
(,C /iii x `'Y/ 4 ,ts? 4
d i-'y, :k QLc o.e Printed Name
Y j 1 t i i My County of Residence: �-7 G
j
STAT.F y s ,IDIANA
a SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MIC NN B and LORI WATSON, by me known ,.an• ik1 e. kno, to be,he
Members of the City of Carmel Board of Public Works and Safety, and °'``7 �w e 'o� er
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the- foregoinga ebvisel1f To
Encroach" on behalf of the City of Carmel, Indiana. e
1 101' II t�.'/'a a 1
Witness my hand and Notarial Seal this =2/ day of ,d :20 t7.
fi k
NOTARY PUBLIC f
lr{6t'S
My Commission Expires:
C Qr Jav,s
/I /9/o Printed Name
My County of ate, perso
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032. 1 affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security Number in
this d ment, unless required by law.
d i ul
(signature)
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"OWNER" "CITY"
JOHN ST. ANGELO CITY OF CARMEL, INDIANA,
BY AN THROUGH ITS BOARD OF
PUB WORKS AND SAFETY
Signa a ames Brains Presiding Offic
Date l� 2- I i 2 Date: a Cr?"`
MARYELLEN ST. ANGELO t 4 :a:QA'
Mary Ann Burke, Member
l Date:
Signatur: f r
Date: Z1 2-(:)-(9
C
Lori Watson, 1 emb
GORDON ST. ANGELO Date: 3 o `7
Signature
Date: f)/ aOo 7 A T' ST: Sandra M. Johnson,
Dept' t Clerk for tit d
Diana Cord y Clerk Treasurer
Date: t,1
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LEGAL DESCRIPTION
Part of the Northwest Quarter of Section 24, Township 18
North, Range 3 East, in Hamilton County, Indiana
Lot #13 in the Rohrer Woods Section 1 subdivision. Recorded
in the Office of the Hamilton County Recorder on December 2,
1988 in Plat Book 16, Pages 86 -88 as Instrument 0825672.
EXHIBIT "A"
EXHIBIT r 3 j/ CURVE DATA 0 L.,%..0 V l l I,
CURVE RADIUS LENGTH TANGEI
C -1 300.00' 94.68' 41
C- 2 213.67' 100.23' 51
N.W.COR. N.W.I /4 C -3 212.73' 20.01' 10
SECTION 24- 18N -3E C -4 385.76' 120.31' 6(
I. C -5 290.49' 91.68' 4f
C -6 265.49' 58.75' 2f
C -7 315.49' r 99.55' 5(
C -8 300.00' 252.75' 134
C -9 275.00' 231.68' 122
I C -10 325.00' 273.82' 14:
II C -11 150.00' 25.21' 11
C -12 125.00' 21.01' 1(
v C-13. 175.00' 29.41' 1A
C -14 50.00' 36.14' 1 E
C8 A C -15 50.00' 36.14'. 1
xN
S.W.COR. HUNTER'S CREEK VILLAGE SEC.3
SOUTH LINE HUNTERS CREEK
(PLAT BOOK II, PAGE 17 -19) 3 $4' VILL SE 3
N 88'39 ''22 "E
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