342 Fleetwood - Miller, Tom 200300126
Filed for Record in
HAMIL.TON COUNTY INDIANA
Q JENNIFER J HAYD�N_
12-23-2003 At 11:c0 1
ENCROACHMNT
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Tom R. Miller, 342 Fleetwood Court, Carmel, Hamilton County, Indiana 46032 (individually, "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 47 "Lot with a common address of 342
Fleetwood Court, Carmel, Hamilton County, Indiana 46032, in the Westpark at Springmill 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 in Plat Cabinet 1, Slide 125 as
Instrument #9023088 in the Office of the Hamilton County Recorder on September 18, 1990, as Westpark
at Springmill, Section 2; and
WHEREAS, the Owner wishes to plant additional trees (the "Trees in the dedicated right of way
(the "Right of Way of Meridian Corners Boulevard immediately adjacent to the east property line of the
Lot; and
WHEREAS, Owner has given the City sketches (the "Sketches depicting the proposed location
of the Trees in the Right of Way, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit A and Exhibit B; and
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WHEREAS, the Trees are to be installed on a portion of the Right of Way also designated as a 70'
Regulated Drain Easement "Easement identified as "50" 1/2 Right of Way and 70' Regulated Drain
Easement" on Exhibit A; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Trees will encroach (the "Encroachment upon the
Right of Way, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the location of the Trees as indicated by the Owner on Exhibit A and Exhibit B
should not materially interfere with the City's present use of the Right of Way; and
WHEREAS, it is the Owner's responsibility to obtain all necessary approvals and/or permits from
the Hamilton County Surveyor regarding the location of the Trees in the Regulated Drain; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibits A and B; and
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 the terms and provisions of this Agreement.
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3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Trees from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Trees 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 Right of Way or for any future construction
activities associated with the intersection of Meridian Corners Boulevard and 131 Street,
and /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 Trees 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 otherwise, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in the Right of Way.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Right of Way and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Trees.
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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
ji141 PUBLIC WORKS AND SAFET
Tom R. Miller ames Brainard, Presiding Officer
SSN: ON 1 LE. WITH- CI rAJToe,JEki Date: /1
Date: M7 o.BI --1Q 27 'ZOO 5 apS¢nfi
Mary Ann Burke, Member
Date:
Lori Watson, e %()er
Date/ is
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL ATTEST olgisol
ONE CIVIC SQUARE 1 Clerk for
CARMEL IN 46032 fC
Diana Cordray 4IAM 1 C, Clerk Treasurer
Date: /f i
1 .I
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STATE OF INDIANA
SS:
COUNTY OF 1„111
„111
Before me, a Notary Public in and for said County and State, personally appeared TOM R.
MILLER, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH” as his or her voluntary act and deed.
Witness my hand and Notarial Seal this t7 7 day of d227, 20 3
,dam_ tAl& 4.�.
NOT 4' Y P LIC
My Commission Expires:
L- e�o A /r
774 ,04 Printed Name
My County of Residence:
STATE OF INDIANA
COUNTY OF HAMILTON S S y
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 an Kl( rr Groh 5o by me known to l.�ncU' be�the
n
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDAY; /"C1erki
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing,,-Cons
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of iliLtlo(
QX4‘)
NOTARY PUBLIC
My Commission Expires:
C. 'lr^� 1 v a S
1 7 1 /6/0 Printed Name
My County of Residence: I f enl A ur)
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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EXHIBIT "A"
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EXHIBIT "B"
H°A•M'I•L•T°0°N C•R•0•S•S•I•N•G V•I 46 1 k
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1__A SCALE: l'.40' 1 CARMEL, INDIANA
14 OCTOBER 2002 2209 uuNe 1 cso
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