Moffitt Farms Lot 128 - Collis, Julie Vv
0 CONSENT TO ENCROACH APPROVED, AS TO
FORA RY
THIS CONSENT TO F_.NCROACI 1 (hereinafter the "Agreement is entered into by and between
Julie Ann Collis, 229 Aspen Way, Noblesville, Hamilton County, Indiana 46060 "Owner and the City of
Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City
WITNESSETH:
WHEREAS, Owner alone owns in tee simple Lot Number 128 "Lot in the Moffitt Farm at
Prairie View Subdivision which is located xvithin the corporate limits of the City of Carmel, Indiana
"Subdivision and
WHEREAS, the.official plat of the Subdivision was recorded as Instrument #9705551, Plat Cabinet
1, Slide 759 in the Office of the Hamilton County Recorder on November 8, 1995, as Moffitt Farm at
Prairie View, Section 3A; and
WHEREAS, Owner swishes to construct a driveway (the "Driveway on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Driveway will be constructed on a portion of the Lot designated as a Drainage,
Utility and Sewer Easement "Easement identified as "20' D.U. S. E. on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Driveway will encroach (the "Encroachment upon
the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location or the Encroachment; and
200100034901
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
06 -12 -2001 09:30 am.
ENCROACHMNT 18.00
WHEREAS, the location of the Driveway as indicated by the Owner on Exhibit A should not
materially interfere with the City's use of 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
(1) the Encroachment exists; and
(ii) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Driveway from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Driveway as City
deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines,
sever lines or drainage ditches located in 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 Driveway.
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, which results directly or indirectly from any act of the City, its
employees, officers, officials, invitees, licensees and /or agents in the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Driveway.
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. 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
‘il'` CITY OF CARMEL, INDIANA
Julie .14n Collis BY AND THROUGH ITS BOARD OF
SSN: 38s' OBI 0 863 PUBLIC WORKS AND SAFE Y
Date: S 2_ o 1
per
f »es Brainard, Presiding Officer
d te: 1
ie 1
Mar, Ann urke, M mber
Da e: 12,O/
k i L
Billy/ 'alker, Member
Date: 0p- —LC I
'r y
ATTEST: y_` or pa em. Y'
Diana Cordray„ 1' MC' l 'l r' 2 Tr .user'
Dare: 06 Zr ,.c
3 r
I
STATE OF INDIANA
SS:
COUNTY OF ///0,1/04v
Before me, a Notary Public in and for said County and State, personally appeared JULIE ANN
COLLIS, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as her voluntary act and deed.
�y, R 00
�i/
Witness my hand and Notarial Seal this f q day of 9 y -+H"'
/ep,et‘
NOTARY PUBLIC
My Commission Expires:
is 9 11
05p9/2005 Printed Name
My County of Residence: ///9/nil/Oa/
STATE OF INDIANA
SS:
COUNTY OF I- IAM ILTON
Before me, 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 Carmel 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 ol'Carmel, Indiana.
LAS 2001 Witness my hand and Notarial Seal this day o L 1 .ICY'
C IAL l A NOTARY PUBLIC J 4,� 4, I
My Co emission Expires: "'Are,
CL' D Printed Name
110 r
My County of Residence: l 1'
This instrument was prepared by Douglas C. Flaney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
4
f
NOTES: 5. LOCATION OF UTILITIES ON THIS PLAN ARE GENERAL LOCATIONS PER PLANS
MO SHOULD BE VERIFIED IN THE FIELD.
1. ALL MUD IN STREETS FROM TRUCKS LEAVING LOT TO BE CLEANED AT THE
END OF EACH DAY. 6. 11115 PLOT_ PLAN WAS PREPARED BASED ON INFORMATION TAKEN FROM
RECORD PUTS, SUBOMSION PLANS, RECORD DRAWINGS, AND PLANS PROVIDED
2. STRAW BALES TO BE USED WHERE NEEDED TO KEEP MUD OFF STREETS AND BY THE CUNT. R 5 1111 RESPONSIBILITY OF THE CONTRACTOR TO VERIFY
OUT OF STORM SEWERS. SITE CONDIRONS PRIOR TO CONSTRUCTION.
3. AREA OF WATER TAP TO BE BACKFILLED WITH GRANULAR MATERIAL TO WITHIN 7. YARD UGHT AND IWLBOX TO BE INSULTED PER 51180MSI094 COVENANTS
10' OF TOP OF CURB. AND SAID AREA TO BE RESTORED TO 115 ORIGINAL AND RESTRICTONS.
CONDITION.
8. BUILDER MUST COMPLY WMH All ORDINANCES GOVERNING SITE EROSION AND
4. NO DRIVEWAY SHALL BE PLACED CLOSER THAI 2 FEET TO A LOT UNE EXECPT SEDIMENT CONTROL
WHERE SAID LOT UNE IS ALSO A STREET RIGHT OF WAY UNE I
i
MOFFITT FARM 1 i A in Lour -t
at PRAIRIE VIEW t
SECTION ��3}}-A ��J
22o 53.3 1 54.5
s3.3
Is4sJ
0.379 Acres t s ew e r Mai"
5917 Buckskin Court r ss 4y �!t3
/r�Osj�i 1-�WSL
NOTE: THE EXISTING SANITARY /�.ew•�•
SEWER MANHOLE AT THIS 4r 20' D.U. S.E. SSp
LOCATION SHALL NOT BE
Scale: 1" 30 BURIED OR DAMAGED DURING s i v. \o �I
THE CONSTRUCTION OF THE DRIVEWAY. 1,10i S a V
o SSL
n- ,9
di._ 1 Q
86.8 Pre Construction Grade 2.0 I I
San 5 5.0 05
v
Pr_ ate
[86.81 Proposed Grade Conc.. C20. a
SSD Sub Surface Drain 2 I I 1`
WSL Water Service Line a
CO
SSL Approximate Location of 4 J qa: itary Sewer Lateral 3 T hree 55.21 8.0't ti
4 f co ar L i l l 9e
Oj 64 F� 756.2 23.0' Fx7
Propos
oy o Rid
y do FF.Elev.= 7 57 0 0
emnL FFE 748.0
9 .0'
55.0 29.3'
52.0 155.21 0 12J'
152.01 :J• ti 55.0
6,0'M' 1 55.21
6\ fl
3 6° 70
4
BB S O0 S SE
EXHIBIT "A" g' Storm I nlet
752.70 53.2
15 3.2 1
OM; i.i.; ENCROACHMENT S 83 24'11° E 55,2
Land Description.
Lot #128 in MOFFITT FARM at PRAIRIE VIEW SECTION 3 -A, an addition to Hamilton
County, Indiana as per plat thereof recorded as instrument number 9705551,
Plat Cabinet No. 1, Slide No. 759 in the Office of the Recorder of Hamilton
County, Indiana.
I, the undersigned hereby certify that the above plot plan and description to be
true and correct to the best of my knowledge, information, and belief, and is
NOT intended or represented to be a property line survey and does NOT purport
to be sufficient for the location of corner stakes or the establishment of
property lines.
WITNESS my hand and Registered Land Surveyors Seal this 4th day of May, 2001. 1.
CC G N O� F O sZ Prepared By:
Robert D. Peterson 9600005; gyp, LAND sU�YQa
Registered Land Surveyor STATE OF 10130 East 96th Street
State of Indiana No. 9600005 y Fishers, Fishers, Indiana 46038
i i i. SUR\6„ (317) 849 -4877
Aarn nitlt'