13465 Boxelder Ct - Tysdal, Edwin/Patricia la
2008013064 ENCROACHME $25.00
03/12/2008 11:13:41A 8 PGS
-Ds Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH
APPROVED AS TO FORM B
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Edwin W. Tysdal and Patricia A. Tysdal, 13465 Boxelder Court, Westfield, Hamilton County, Indiana
46074 "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 36 "Lot with a common address of 13465 Boxelder
Court, Westfield, Hamilton County, Indiana, 46074 in the Glen Oaks 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 the Office of the Hamilton County
Recorder on June 21, 2005 as Instrument No. 200500038530, in Plat Cabinet 3, Slide Number 649 as
Glen Oaks; and
WHEREAS, Owner wishes to install an exposed aggregate driveway (the "Driveway on the Lot,
(referred to hereinafter as the "Site Improvement and
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WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Site Improvement, copies of which are attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvement will be constructed on a portion of the Real Estate designated
as dedicated public right of way (the "Right of Way identified as "Boxelder Court" on Exhibit B; and
WHEREAS, the Right of Way is 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, 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 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.
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.
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3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Site Improvement and /or the Encroachment from what is depicted on
Exhibit B.
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 any or all of the Right of Way, 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 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
Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its
employees, officers, officials, invitees, licensees and agents in the Right of Way.
6. In the event that the City is responsible for reconstructing the portion of the Driveway in
the Right of Way as part of a road improvement or similar project, the City will only be
obligated to provide a plain concrete apron in the Right of Way.
7. 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 any improvements
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located therein caused by the installation, construction, maintenance 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 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 expense.
9. 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.
10. 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.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
_LeM /M CITY OF CARMEL, INDIANA
Edwin Tysdal
Date: /`Z i/62 7 BY AND THROUGH ITS BOARD OF
PUB WO S AND SAFETY
C— //e)a-
Patricia A. Tysdal James Brainar Pre 'ding Officer
D ate: fr"
Date:
Mary n Burke, ember
Date: O
Lori Watson, Me rer
Date: /•1( /C) 7
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ATT ST: San M. Johnson
De2uty Clerk for
ce a
ana Cordray, erk- Treasurer
Date:
Return To:
Sandra Johnson
City of Carmel
One Civic Square
Carmel IN 46032
(el mssords AsharedUpicken\forms\consents to encroachhvsdal cte (exposed aggregate driveway in nv).doc:11 /20/05
STATE OF INDIANA
)SS:
COUNTY OFtkawtAl
Before me, a Notary Public in and for said County and State, personally appeared EDWIN W.
TYSDAL AND PATRICIA A. TYSDAL, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as his/her voluntary act and deed.
Witness my hand and Notarial Seal this cl& day of AkolJe ✓Lbe.✓ 200
Vtici4J29-f '11
NOTARY PUBLI
My Commission Expires:
a .o V 1 w�J&-e f(-e1 S. -(o p
�U h a(v2 Printed Name
My County of Residence: May aV t b
Kimberle S. Hobbes
STATE OF INDIANA ±a Public Seal, State of Warta
'r.;. Notary
SS: Resident of Marion County
COUNTY OF HAMILTON My Commission Expires June 21, 2012
Before me, a Notary Public in and for said County and State, personally appred ,,TAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and me .knot b�;the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L QRI y!6re k
Treasurer of THE CITY OF CARMEL, who acknowledged the execution' of the; €g�regoing nsent To
Encroach" on behalf of the City of Carmel, Indiana.,
Witness my hand and Notarial Seal this /1 day of I 20.
G
NOTARY PUBLIC 1
My Commission Expires:
C. Qr b'a t
/0S/ eg k 7 Printed Name
My County of Residence: '1+4..(rii I 101
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 taken reasonable care to redact each Social Security
Number in this document, unless required by law. t*..)0 q\-� f- �-ez�1 e
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LEGAL DESCRIPTION
Part of the East Half of the Northwest Quarter of Section 30,
Township 18 North, Range 3 East of the Second Principal
Meridian in Clay Township of Hamilton County, Indiana
Lot #36 in the Glen Oaks subdivision. Recorded in the Office
of the Hamilton County Recorder on June 21, 2005 in Plat
Cabinet 3, Slide 649 as Instrument #200500038530.
EXHIBIT "A"
LOT 36 IN GLEN OAKS
THE WITHIN SITE PLAN WAS PREPARED WITHOUT niIIIIIIIIIIIIIIIO,.
THE BENEFIT OF A CURRENT TITLE POLICY AND ARE
THEREFORE SUBJECT TO ANY STATEMENT OF FACTS NORTH
REVEALED BY EXAMINATION OF SCHEDULE 'A' AND GRAPHIC SCALE
SCHEDULE '8" OF A TIRE POLICY.
0 20 40 80
SCALE 1" 40'
178.26' SITE PLAN
1 JOB NO. B31565
20' DRAINAGE AND U11UTY EASEMENT LEGEND
840'8°
9 9 27010 SQ. FT. STABIUZED CONSTRUCTION DRIVE
6 MT FENCE/
Z PERMANENT SEED SOD IMMEDIATELY
LOW 37 a)
t 's AFTER CONSTRUCTION
19632.97 SQ. FT. T. .s. 8 a h
4 a
FSL 900.0 ,t'
Oil OAR 9010
J Y PROIECTION
U� Y J 4. NEA
CIA 25 LlT1O R1`f ly`
DESCRPTION
1 v
LOT NUMBER 36 IN GLEN OAKS AS PER PLAT OF SAID
i ADDITION RECORDED AS INST. #200500038530 IN PLAT
�1 131.71' r CABINET 3 SLIDE 649 IN THE OFFICE OF THE RECORDER
`s N'," Ai.* b OF HAMILTON COUNTY, INDIANA. fi
6 S LI
i) F o
NOTE: THIS SITE PLAN IS BASED ON CONSTRUCTION PLANS OR RECORD CP IR 1 Fc
DRAWINGS AND IS NOT BASED UPON A FIELD SURVEY. MILLER O 1 1)1
SURVEYING, INC. DOES NOT WARRANT THE ACCURACY OR SUFFICIENCY
OF THIS INFORMATION. THE CONTRACTOR SHOULD VERIFY EXISTING L X 35
CONDITIONS PRIOR TO ANY CONSTRUCTION. ANY DISCREPANCIES FOUND 11 9 16585.48 SO. FT.
UPON 11115 DRAWING SHOULD BE REPORTED TO MILLER SURVEYING, INC rc
IMMEDIATELY; FAILURE TO DO 50 WILL RESULT IN THE CONTRACTORS L11 Pal o
ASSUMPTION OF LIABILITY. 0 Ill I< 1 n
NOTE 111E BASEMENT ELEVATION DEPICTED HEREON HAS BEEN L n n I 15' DRAINAGE AND UTILITY EASEMENT PAGE: 1 OF 2
DETERMINED AND BASED UPON THE PAD GRADES AND OR CONTOURS
TAKEN FROM THE CONSTRUCTION PLANS FOR THE SUBDIVISION. UNLESS C O I
STATED. NO INFORMATION ABOUT FLUCTUATING WATER TABLES. SOL G n R 9 1 os..s0 tIlmUuor
CONDITIONS OR SOIL TYPES WITHIN THE MIMING AREA HAS BEEN ��Q D. A1/1"'i i'
PROVIDED OR STATED ON SAID SITE PLAN. IF DURING THE EXCAVATION �P ,a�{Yo- (F,
PROCESS, ANY GROUNDWATER IS YATNESSED ADDITIONAL v,. "£d
CONSTRUCTION TECHNIQUES SHOULD BE INCORPORATED TO ALLEVIATE No.
FUTURE PROBLEMS. a �I $S0083 /a4w STATE OF
13465 BOXELDER COURT ('h I N
NOTE: THIS DRAWING IS NOT INTENDED 70 BE REPRESENTED AS A REIRACEMENT O 4 'D
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT. R.L.S. SO083 �rrr,
MILLER SURVEYING 948 CONNER ST. NOBLES VILLE• IN. Ph. 773 2644 DATE FEB. 07, 2007
THIS SITE PLAN IS NOT COMPLETE AND /OR VAUD WITHOUT BOTH PAGES. FOR: HEARTWOOD CUSTOM HOMES