13815 Smokey Ridge - Fremion, Michael/Pamela APPROVED, A TO
FORM 3Y:'
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Michael P. Fremion and Pamela J. Fremion, husband and wife, 13815 Smokey Ridge Drive, 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 115 "Lot in the Smokey Ridge Section 5
Subdivision which is located within the corporate limits of the City of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded as Instrument Number 9218830 in
Plat Cabinet No. 1, Slide No. 231 in the Office of the Hamilton County Recorder on May 19, 1992, as
Smokey Ridge, Section 5; and
WHEREAS, Owner wishes to install 9 -trees and a 24 -inch wide band of mulch (the "Landscaping
on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Landscaping on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Landscaping will be installed on a portion of the Lot designated as Landscape
Drainage Utility Easement and Non Access Easement (collectively, the "Easements), identified
respectively as "Landscape 20' D. U. E. and 5' Non Access Easement" on Exhibit A; and
WHEREAS, the Easements are beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Landscaping 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, the location of the Landscaping as indicated by the Owner on Exhibit A 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 Landscaping and /or the Encroachments from what is depicted on
Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Landscaping 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 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
Landscaping.
fl1: 019WOfd: Z: lshackhillfurmAfr [SIIIOMOR9QII.AOC:S /31/02] 2
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 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 and /or operation of the
Landscaping.
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 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.
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.
[cb: msword:z ill vomIskliemtonconvart .da:3 /31/02] 3
"OWNER" "CITY„
r OF CARMEL, INDIANA
Michae P. Fre on
BY AND THROUGH ITS BOARD OF
SSN: R/--,57-197/ PUBLIC WORKS AND SAFETY
Date:
4///70 0 y
/61
es Brainard, Presi.' g Officer
Date: 6 0.2
/11/ 9. Ai/
Pamela J. Fremion
SSN: 31(-561 Mary Ann S Membgr
Date: (g_ -II Oa_ Date:
Member
Date:
Al LEST:
1 41/
Diana Cordra Mr, Clerk asurer
Date:
4
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL P.
FREMION and PAMELA J. FREMION, husband and wife, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his/her voluntary act and deed.
1
Witness my hand and Notarial Seal this day of r 2002.
NOTARY PUBLIC
M y p Commission Expires:
C
�L(�('�'L�i�t�t DC Printed Name
y
My
County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD and MARY ANN BURKE, by me 19:12Arkar0, Noe i tkthe Members of the City
of Carmel Board of Public Works and Safety, and! ANI"CORD' lerk- Treasurer of THE CITY
OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the
City of Carmel, Indiana. Th
Witness my hand and Notarial Seal this 2� day of E 2002.
�.�yrircJ Q��
NOTARY PUBLIC
My Commission Expires: NA) ag i/i
W/ 7/4 1 Printed Name
My County of Residence: /47
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
l� m «a.: as arr, r,a „f«K«,Qia«.srs 5
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL P.
FREMION and PAMELA J. FREMION, husband and wife, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his/ er voluntary act and deed.
Witness my hand and Notarial Seal this day of 1, 2002.
4.00/
PUBLIIC
My Commission Expires: G s
r Printed Name
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD and MARY BURKE, by me known, and by me kno to be the Members of the City
of Carmel Board of Public rks and Safety, and DIANA L. CORD Clerk Treasurer of THE CITY
OF CARMEL, who acknowledg: e the execution of the foregoin t Consent To Encroach" on behalf of the
City of Carmel, Indiana.
Witness my hand and Notarial Sea 's ..y of 2002.
OTARY PUBLIC
My Commission Expires:
Printed ame
My County o esidence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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CAREY ROAD
0 1 /2' R
EDGE OF PAVEMENT 3' S 3UtLCE..
146.01 FLOW LINE OF SWALE 7 61 I
47.7 49.6 ASSUMED NORTH
SCALE 1" 30'
24 120.00 4' WALK 9 =fz.:�cS
My °Z b 1 .`'t OS. LOT r 115
4 WALL T x LAtiDSCA ?c O. 4 1 AC. 148.0 t 20' D UE FLOW LINE OF SWALE 1 49.11
48.2
55.5'
35 BL
I
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150.6
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LO 50.9 842.37 1179• Ln c
35.0' 20.29'
PRO•J
8.0' 27.0' I nu usY 2
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r REE CAR 1 852.1.1 0
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CONC. ri GAR
851.10
I J
[50.1 I DRIVE 1.63' 1.63' 1 49.5
50.1 1 g8 o 49.7
13.94' �16.21'r 14.90' .25.0' 100.01 PROPOSED GRADE
I 21.25' 11 1 P 1 [50.6 1 00.0 PRE. CONSTRUCTION GRADE
L _-L 40 8 f I 50.3 35' 8L-/
0 I X APPROXIMATE LOCATION
12' \35.0' CONFIRM BEFORE
DRI`.£ CONSTRUCTION 6 SAN.
I LAT, WATER SERVICE
LINE, AND SSD LINE.
15' D I,; U E 7 39.0'
49.71 120.00' 1 5 48.9
-7 r i
[49.7 4wA'x V 49.3 1
AFRO': 1 V V V I
NOTE:
ROLL CURS SSD IN T};: RESIDENTIAL DISTRICTS LIMITING'
ELEV.= 849.5 WATER LINE HEIGHT TO TV ENTY -FIVE (25) FEET,
PER PLAN DWFLLING MAY BE INCREASED IN 'HEIGHT
TO TARTY -FIVE (35) FEET PROVIDED
I TriE SIDE AND REAR YARDS ARE
Sk10 -<EY RIDGE DRIVE rICREAS=o AN ADDITIONAL FOOT FOR
EACH FOOT SUCH STRUCTURE EXCEED-
50 P /W r'ENTY -FIV (25) FEET IN HEIGHT.
PER CARMEL ZONING ORDINANCE 25.1.,
TC= 849.5 IC= 845.4
PER SAN. SEWER PER SAN:. SEWER
AS- BU!LTS AS- BU;LTS
S,V'I. SEWER
o 1 'f 1= EXHIBIT "A"
y II 1/, ENCROACHMENT
PLO PLAN LO 1 11 1`01E: G!',fRAGE .F.E. IS
S[:/IOKL RIDGE-
f RL)1- 0s[ -D 10 BE 1 6' ABOVE I',i l= v1i I -I ni 1 cr
1