14285 Oakbrook Ct. - Throgmartin,Sandra 1
2009052810 ENCROACHME $26.00
09/0112009 10:39:20A 8 PGS
Jennifer J Hayden
)\9- HAMILTON County Recorder IN
Recorded as Presented
APPROVED &fib CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS C 2:171s.
SE ENCROACH (hereinafter the "Agreement is entered into by and between
Sandra M. Throgmartin, 14285 Oakbrook Court, Carmel, Hamilton County, Indiana 46033 "Owner
and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety
"City
WITNESS ETH:
WHEREAS, Owner owns in fee simple certain real estate "Real Estate in the Oakbrook
Subdivision which is located within the corporate limits of the City of Carmel, Indiana, and which Real
Estate is identified as Lot #4 ("Lot") and 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 228,
as Instrument Number 9217543 in the Office of the Hamilton County Recorder on May 8, 1992 as
Oakbrook; and
WHEREAS, Owner has installed a 6 -inch subsurface drain tile, (the "Site Improvement on the
Lot as well as on the adjacent property; and
WHEREAS, Owner has given the City a sketch ("Sketch depicting the location of the Site
Improvement, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B;
and
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WHEREAS, Owner has indicated to the City that the Site Improvement was installed on the
adjacent property without objection at the time of installation by the property owner; and
WHEREAS, the Site Improvement is located on a portion of the Lot and adjacent property
identified as Drainage and Utility Easements on Exhibit B, (the "Easements identified as "10' D UE"
on Exhibit B.
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement encroaches (the "Encroachment
upon the Easements, which Encroachment is crosshatched on the Sketch; 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 13 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.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terns and provisions of this Agreement.
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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 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 adjacent property, 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
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
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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.
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.
'`OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
Q PUBLIC WORKS AND SAFETY
Sandra M. Throgmartin 42 0//`?" Date: g Q� Brainard, Presidin Officer
ate:
)21/ 41‘
Mary s urke, Mem
Date: 07
Lori Watson, r e
Date: 900.?
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ATTEST:
�l D 4 TYU
Diana Cordra IAM Clevk- Treasurer
Date: 9 1
Sandra. J6 ha nor)
o f Ca- rifle/
�t� C,' ✓i cRie.,6
C Arme V003.
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,f Jason Yager
STATE OF INDIANA fa. Notary Public, State of Indiana
SS: SEAL
COUNTY OF 14 14 l ic2r-) i My Commission Exp. June 3, 2017
Before me, a Notary Public in and for said County and State, personally appeared SANDRA M.
THROGMARTIN, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his/her voluntary act and deed.
1 n
Witness my hand and Notarial Seal this b day of Au A--- 20 Q`'k
AllelliK
NO 'AkY 'UB'
My Commission Expires:
a( 3 6 -dl? 0.--.)
Printed Name
My County of Residence: 14 O`'`\: Ikcf
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
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 by me know to be the
Members of the City of Carmel Board of Public Works and Safety, and D L' I "ieffc-
Treasurer 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 /1 day of -47J gis 200 i NOTARY PUBLIC
VeZA-elLe 4, n ■V 1
My Commission Expires: ...S ncLra Ok h n
I O 6 1 Printed Name
�0Nj
My County of Residence: fl form
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� Vent was prepared by Douglas C. Haney,
Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032.
In,. IIISM ord) shar!pickaofwms cu,xnls to oxrroch thrcrounto ricdoc.7 31 1141 6
LEGAL DESCRIPTION
Part of the Northeast Quarter of Section 20, Township 18
North, Range 4 East in Hamilton County, Indiana
Lot #4 in the Oakbrook subdivision. Recorded in the Office of
the Hamilton County Recorder on May 8, 1992 in Plat Cabinet
1, Slide Number 228 as Instrument #9217543.
EXHIBIT "A"
ES TRIAGE DEVELOPMENT COMPANY. INC.
WARRANTY DEED
INSTR. 2004 14581
S 89'56'09" E S 89'58'09" E
464.24' i) 225.88'
1
Z' W G•
o W
0
o w.
o N 4 LOT 4 LOT 3
o SANDRA M. THROGMARTIN
i WARRANTY DEED 3` 0
Wan ...11-1. INSTR. 2004 -67232 1//I� 7;3 y am
3 O1 'O
1 G� ,..b 11
i Z L �r N�1 C 3
a o vS� A' I `Y� O�
21Z 'D. 1-NW CORNER` `t+, o
a_ 1 LOT 5 P.O.B. T
ce
FL TREE LINE u OLD WIRE 9
1 FARM FENCE 42.53'(0)
5/8 R4, AR
1.8
9 0 0 p W /CAP T
465.80' (D) J :.4 f
a
N 89'58 W 544.27 (C) 0...../.. 5/8' REBAR I 6j• q j LANDSCAPE N 1 R= 65.00'
W /CAP SET P.O.B. MULL L= 57.78'
N ti Tan= 30.96'
THOMAS M, JOANN TRANCIK S /B' REBAR .5=50'55'59"
WARRANTY DEED W /CAP SET EXPOSED 'r.. v
INSTR. 2004 -5783
i 4 tO,� 44 A. 9 5/8' REBAR
L OT 5 1 S N i1'iI p W/PICRIPE 4:1 4. O j/ I CAP END.
h 4 '4 1 1 T ✓p q^ U f O.fl' DOWN
I FGFND I ?pp4 S- 40:..,. CDUST
V. O REBAR W /CAP STAMPED INSIGHT B3 s ,,p�
N G. 159700000 SET
(p) PLATTED DISTANCE /BEARING 4Y i
5/8' REBAR WITH !6'➢'
t PI CRIPE CAP FRO 2'
{c DOWN. R S CAPPED O t".. %..5 t-
41..
REBAR SET RUSH
(p) DEED DISTAN CE/BEARINC I' W/ GRADE 4.
I
x WIRE FARM FENCE
I
Z D &LIE DRAINAGE UTILITY EASEMENT (PER 'I wESi uNE I
PLAT) V OAKBROOIc
�p I UBD1�1510N C �PERWEID
i B.S.L. BUILDING SETBACK LINE (PER PLAT) i 1
to
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