11324 Green St - Dickinson, Oren/Shirley 200300126606
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
12 -23 -2003 At 11:20 am.
ENCROACHMNT 24.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Oren Wayne Dickinson and Shirley M. Dickinson, husband and wife, 11324 Green Street, Carmel,
Hamilton County, Indiana 46033 (individually and collectively, "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 Number 29 "Lot with a common address of 11324
Green Street, Carmel, Hamilton County, Indiana 46033, in the Woodland Green 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 3, Pages 104 -105 as
Instrument #649 in the Office of the Hamilton County Recorder on March 10, 1970 as Woodland Green,
Section 1; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the System on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the System will be constructed on a portion of the Lot designated as Utility and
Sanitary Sewer Easements (the "Easements identified as "6' U. E. and 12' San. Sewer Esmt." on
Exhibit B;
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WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachments upon the
Easements, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; 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 installation of the System as proposed by the Owner on Exhibit B 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 Encroachments for only so long as:
(i) the Encroachments exist; 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 System and /or the Encroachments from what are depicted on Exhibit
B.
4. Owner agrees that City shall have the right to remove any portion of the System as City
deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines,
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sewer lines or drainage ditches located in any or all of 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
System 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 and /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/or agents, regarding or
related to the System or the Encroachments in 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 any or all of the Easements and /or any improvements
located therein caused by the installation, construction, maintenance or operation of the
System.
7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the System.
8. Owner agrees that its use of the System will not create standing water and/or other drainage
problems that affect the City or adjacent property owners and that, if such problems arise,
City, in its sole discretion, may itself remove or may notify Owner who shall then
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
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9. Owner agrees that the water flow from the System shall be directed away from all street
travel lanes and that water from the System shall not be permitted to spray onto, traverse or
otherwise come into contact with any travel lanes or paved areas of any street or street
intersection.
10. Owner agrees that the placement of the System in the Easements shall be at Owner's cost,
expense and risk and that, if City, in its sole discretion, performs any work in the
Easements, including, but not limited to, the maintenance of grassy areas /landscaping or
the snow plowing of streets or sidewalks, that causes damage to the System, or any part
thereof, any and all repairs to same shall be the sole responsibility of the Owner and that,
under no circumstances shall the City be_responsible for any costs of relocation and/or
repair of the System.
11. Owner agrees that certified record drawings of the installed System shall be provided to the
City immediately upon completion of the construction of same, which drawings shall show
by dimensional location, among other things, the location of all sprinkler heads, piping,
controllers, valves, meter pits, and similar System instruments and/or equipment.
13. 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 cost and
expense.
14. 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.
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15. 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.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Oren Wayne Dicki on James B /ainard, Presiding Officer
SSN: t� "2�� Date:
Date: c
ada7 7"re�2n 7
Mary Ann Burke, Member
Date:
hirley M. tckinson
Lori Watson, G he
SSN: _57; 2 z y Dat9 II l Ivy
Date: —46.— y am
ATT ST:
La )1(_-
/Diana Cordray,,IAMC, C1eeTreasurer
Date:
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
SS:
COUNTY OF114rilt M'
Before me, a Notary Public in and for said County and State, personally appeared OREN WAYNE
DICKINSON and SHIRLEY M. DICKINSON, by me known, and who acknowledged the execution of
the foregoing "CONSENT TO ENCROACH" as his voluntary act and deed.
Witness my hand and Notarial Seal this /0 day of /4) de m 42 2 20 Eta
Z.��
NO ARY PUBLIC
My Commission Expires:
raMaiO'fuibrTff- .mypy
I Printed Name
^fOTRPT Hamilton County
=.,„...s. My Commission Expires
November 21, 2009 My County of Residence: Q,mi f 1 j.---)
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 _known to be the
chrl In =��Li�
Members of the City of Carmel Board of Public Works and Safety, and D NA Y a L. CORDIbAY, Clerk
w'
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 day of 1 I- 2003 ,....0 q
/g
NOTARY PUBLIC
My Commission Expires:
W/y /og Printed Name
My County of Residence: f 1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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W003LA\ D _GREE\
FIRST SECTIO\
C E R T I F I C A T E O F S U R V E Y
I, the undersigned, hereby certify that the above plat is true and correct and represents a part of the Northeast Ouarter of Section 5, Township 11 North of Range 4 East in Hamilton County, Indiana,
being more particularly described as follows. 10071:
Commencing al the Southwest corner of the Northeast Quarter of Section 5 running thence North 77 degrees II minutes 55 seconds East upon and along the centerline 07 1130erstick Road as now located, and
estab a distance of 756,730 feet to a point; running thence North 18 degrees 16 minutes 75 seconds East upon and along said centerline a distance of 1146.867 feet to the TRUE POINT OF BEGINNING
1.0E -THIS DESCRIPTION; running thence North I8 degrees I6 minutes 25 seconds East upon and along said centerline a distance of 7.738 feel to a point; running thence North 17 degrees 06 minutes 75 seconds
East upon and• along said centerline a distance of 1648.976 feet to a point in the North line of said Northeast Quarter Section and the centerline of East 116th Street, as now located and established;
funning 1 hence ,Sou lO 09 degrees 58 minutes 59 seconds East upon and along said North line and said centerline a distance of 779.000 feet to a point; running thence South 00 degrees 04 minutes 53 seconds
West a distance of 1667.000 feel to a paint; running thence No,rih 89 degrees 55 minutes 07 seconds Nest a distance of 700.00 feet to a point: running thence North 00 degrees 04 minutes53 seconds East
a distance of 75.00 Iee't to a point; ,running th enc'e North 89 degrees 55 minutes 01 seconds Nest a distance of 370.00 feet to a po i•ni: running thence South 00 degrees 04 minutes 53 seconds West a distance
of 68.497 feet to a point; running thence North 69-degrees 55.minutes 07 seconds West a distance of 185.00 feet to a point; running thence North 10 degrees 16 minutes 55 seconds East a distance of
5.497 feet to a point: running thence North 77 degrees 53 minutes _35 seconds West a distance of 133.657 feet to a point; running thence South 17 degrees 06 minutes 75 seconds West a distance 01,70.000
feet to a point;. running thence North 77 degrees 53 minutes 35 seconds West a dlstance'of 190.00 feet to a paint: running thence South 11 degrees 79 minutes 06 seconds West a distance oI 13.757 feet to
a.point; running thence North 71 degrees 43 minutes'35, seconds Nest a distance of-700.00 feet to the POINT OF 8EGI'NNING; containing 37.471 acres. more or less.
This subdivision consists of 78 lets 1 through 18,'both inclusive, together with streets, easements, and public ways as shown on the within plat,
'The 0100 nf;the lots and widths of streets and easements are In figures denoting feet and decimal parts [hereof,
Witness my iignature" thii t_day of.�l0vrmher 1969, M
E. 1 ST C W.
1cryp NCU .1. SCHNEIDER
`R'eg, and Surveyor Indiana 110706
e iiJ.:
N.,
The undersigned, .Schutz and Thompson Inc., by John T. Schutz and Kenneth E. Thompson, owners of the real estate described In the Plat Woodland Gr.ien do hereby lay oil plat and subdivide the same In
'accordance with the foregoing plat of Woodland Green.
This Subdivision•shall be known.and designated as WOODLAND GREEN.
EXHIBIT "A"
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EXHIBIT "B"
ENCROACHMENT
n�.
Note: This Inspection was prepared for MORTGAG E PURPOSES ONLY and is not represe se
line survey. The property corners were not marked. Do not use for establishing fence or prof)
Prepared for: Railroadmen' S Federal Savings Loan