12463 Springbrooke Run-Craig, Martin/Kimberly a c
As cc"
d) 1999099465
Filed for Record in
HAMILTON COUNTY, INDIANfl
MARY L CLARM.
,11 On 08 -06 -1999 At 12:25 pm.
J ly ENCROACHMNT 22. 00
APPROVED, AS TO
FORM BY:
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered
into by and between Martin L. Craig and Kimberly Craig, husband and wife, 12463 Springbrooke Run,
Carmel, Hamilton County, Indiana 46033 (jointly and individually, the "Owner and the City of Carmel,'
Hamilton County, Indiana, by and through its Board of Public Works and Safety (the "City
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate (the "Lot commonly known as 12463
Springbrooke Run in the Brookfield Subdivision, located in the City of Carmel, County of Hamilton,
State of Indiana, as is more particularly described as follows:
Lot Number 51 in Brookfield, Section Two, the plat of which is recorded as
Instrument No. 95 -40553 in the Office of the Recorder of Hamilton County,
Indiana,
and
WHEREAS, Owner wishes to construct a four (4) foot high wood picket -type fence (the "Fence
on the Lot; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Fence, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Fence will be constructed on portions of the Lot designated as Drainage, Utility,
and Sewer;:Easements (collectively, the "Easements which are identified on the Sketch as "15' R.
DU &SE Which generally runs along the north property line of the Lot and "20' D.U. &S.E. which
generally runs along the east property line of the Lot; and
WHEREAS, the Easements are beneficial to City and its residents; and
[cb ms,ord c \cncroacb'craig doc 6 1
WHEREAS, as indicated on the Sketch, the Fence will encroach (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, the Fence as indicated by Owner on the Sketch will not materially interfere with
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 is 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 they
were fully set forth herein.
2. 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.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Fence from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove all or any portion of the Fence as
City deems necessary, in its sole discretion, to install, protect or repair utility lines, sewer
lines or drainage ditches, to repair, improve or widen streets, to repair or replace sidewalks
or curbs located within or adjacent to the Easements, and /or for any other purpose, and
that, should City take such action, City shall incur no obligation to repair, replace or
reimburse Owner for the cost of any damages thereby caused to the Fence.
[cb msvord c \encroachkra,g doc 6/1 S/99] 2
5. Owner agrees to indemnify and hold harmless City, its officers, officials, employees,
invitees, licensees, guests and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury, death,
destruction or damage to any property or improvements located in or on the Lot, or
otherwise, which results directly or indirectly from any action or inaction of City, its
employees, officers, officials, invitees, licensees, guests or agents in or adjacent 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 partially or
entirely therein or adjacent thereto caused, in whole or in part, by the installation,
construction, maintenance or operation of the Fence.
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 five (5) .business days from the effective
date of this Agreement.
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.
[cb msw ord c ■cncioacbOcrarg doc 6/! S/99] 3
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"0 i ER" "CITY"
Martin L. Crai: r CITY OF CARMEL, INDIANA
Date: iL .4.. 717 BY AND THROUGH ITS BOARD OF
r PUBL WORKS AND SAFETY
/i t s kgl' 't!
imb rly Cra 0 es Brainard, Pry siding Officer
Date. �9 .te:
1 Z
If l Mar Ann u�e M��ei��
Date
4
Billy }balker, Member;.
Date. el e� 9, I �V
r` V
J
ATTEST:
A 1 4 i)y i r;
l
Diana Cordra I i l l
Date: i.....
7
STATE OF INDIANA s
SS: b�
COUNTY OF k
Before me, a Notary Public in and for said County and State, personally appeared Martin L. Craig
and Kimberly Craig, husband and wife, by me known, and who acknowledged the execution.of the °"hr4K>
foregoing "CONSENT TO ENCROACH" as their voluntary act and deed. ,err
d �w l!Y t ''.:1..
Witness my hand and Notarial Seal this IS day of Sv -k1/4) 19 1 4 s. G•,' r
ilke c
NOTARY PUBLIC p err
My Commission Expires: L, s� L Nn n
GAx t•-c. k acx�Cv Printed Name
My County of Residence: 0.-m; l':
[cb msword c \cncroachkraig doc 6/1 S/99[ 4
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before nee, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the
Members of the City of Cannel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Cannel, Indiana. L
Witness my hand and Notarial Seal this day of 1 1 •Q. C
C-420,64 br
NOTARY PUBLIC
My Commission Expires: r;
1 l 2 -0 V Printed Name
k n My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb insuord c:\cncroacblcraie doc.b /I S /99] 5
A o o BENCHMARK SURVEYING, INC.
Donn M. Scotten, Registered L:::1d Surveyor
1 9093 Technology Dr., 0104 Fis IN 46038. (317 841 -1506 FAX (317) 841 -1507
G FYI G
Property Description:
Lot Number 51 in BROOKFIELD, SECTION TWO, the plat of which is
recorded as Instrument No. 95- 40553, in the Office of the
Recorder of Hamilton County, Indiana.
BENCHMARK JOB i-9 812 413
July 10, 1998
.•n111II1Q�IIftbha.-
NORTH
CURB INLET 15" It.C.1'
PROPOSED
n 152.60, FENCE END SECTION
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i CONC. 1 i .s''. D u. i s� o
I j j4 ALIGN FENCE WITH
DRIVE
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ENCROACHMENT AREA z$/Sq,, 5sy i STATE OF
��Li UR1
Z.L. LEGNQ
SURVEYOR LOCATION REP( IR I BUILDING DRANNACE, UTILITY,
SEWER EASEMENT
$Gala: l 30' R. D.U. S.E. REGULATED DRAINAGE,
Drawn by: Dre••ing No. UTILITY SEWER EASEMENT
Dote: JULY 9, 1998 i S OS' i 9 NOTE
:2.;13 1) NO APPARENT LINES OF OCCUPATION FOUND
BR
IELD
S ECTION 2
SECONDARY PLAT
PART OF THE
REC(
SECTION 33- T18N- R4E LAY
HAMILTON COUNTY INDIANA
AN
ALL
OWNER /SUBDIVIDER SURVEYOR DEDI
BRENNICK LAND COMPANY L.P. SCHNEIDER ENGINEERING CORP. TITL1
C/0 GEORGE P. SWEET 3020 NORTH POST RD. COVI
12722 HAMILTON CROSSING BLVD. INDIANAPOLIS, IN. 46226 SUP
CARMEL, IN. 46032 (317) 898 -8282 RECD
(317) 574 -3400 AND
COU
COVE
HER
LAND DESCRIPTION DEPT
CON' Part of the North Holf of Section 33, Township 18 North, Range 4 East in Hamilton DELI
County, Indiana, being more particularly described as follows: COVE
Commencing of the Northwest corner of the Northeost Quarter of said Section 33;
thence on a assumed bearing of North 89 degrees 37 minutes 13 seconds East along STA
i the North Tine of said Northeast Quarter Section a distance of 1329.06 feet to the
Northeast corner of the West Half of said Northeast Quarter; thence South 00 degrees COU'
1 16 minutes 01 seconds East along the east line of said Wdst Half of the Northeast
Quarter a distance of 1791.69 feet to the Point of Beginning; thence continuing South
00 degrees 16 minutes 01 seconds East along said West line a distance of 851.33 feet
to the Southeast corner of the West Half of said Northeost Quarter; thence South 89
degrees 49 minutes 16 seconds West on and along the south line of the West Holf of
the Northeast Quarter of Section 33 a distance of 935.15 feet; thence North 00
degrees 00 minutes 00 seconds East a distonce of 149.24 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 17.85 feet; thence North 00 BEf
degrees 00 minutes 00 seconds East a distance of 144.29 feet; thence North 48 ST/
degrees 49 minutes 21 seconds East a distance of 54.24 feet; thence North 90 AN!
degrees 00 minutes 00 seconds East a distance of 523.78 feet; thence North 22 OF
degrees 32 minutes 36 seconds East a distance of 44.03 feet; thence North 00
degrees 00 minutes 00 seconds East a distance of 446.03 feet; thence North 39 WIT
degrees 30 minutes 00 seconds East a distance of 64.40 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 89.04 feet; thence South 00
degrees 00 minutes 00 seconds East a distance of 11.38 feet; thence South 90
degrees 00 minutes 00 seconds Eost a distance of 201.86 feet to the Beginning Point,
containing 10.974 acres, more or less.
MY
THIS SUBDIVISION CONSISTS OF 32 LOTS, NUMBERED 36 THROUGH 67, TOGETHER WITH
STREETS AND EASEMENTS AS SHOWN HEREON.
THE SIZE OF LOTS AND WIDTHS OF STREETS AND EASEMENTS ARE SHOWN IN FIGURES PL
DENOTING FEET AND DECIMAL PARTS THEREOF.
3G
CROSS— REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT AC
;_NUMBER 9406953 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. TH
AF