2841 Hazel Foster - Heinlein, Gregory/Janet c,r: Instrument
CD 1999�995533�
r., APPROVED, AS TO
<a` c c' Y�C CONSENT TO ENCROACH FORM BY: 4 5
THIS CONSENT TO ENCROACHMENT (hereinafter the "Agreement is hereby made and
entered into by and between Gregory J. Heinlein and Janet M. Heinlein, husband and wife, 2841 Hazel
Foster Drive, Carmel, Hamilton County, State of Indiana 46033 (jointly and individually, the "Owner
and the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety
199909955332
"City Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
WITNESSETH: On 09 -20 -1999 At 01:29 pm.
ENCROACHMNT 22.00
WHEREAS, Owner owns in fee simple certain real estate (the "Lot commonly known as 2841
Hazel Foster Drive in Foster Estates Subdivision, located in the City of Cannel, County of Hamilton,
State of Indiana, as is more pai=ticularly described as follows:
Lot 110 in Foster Estates Section 6 -A, the plat of which is recorded in
Plat Cabinet 1, Slide 710, in the Office of the Recorder of Hamilton
County, Indiana,
and
WHEREAS, a previous owner or owners constructed a deck and residential driveway "Deck and
Driveway on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the existing location of the
Deck and Driveway, a copy of which is attached hereto as Exhibit A and incorporated herein by reference;
and
WHEREAS, the Deck and Driveway have been constructed on portions of the Lot designated as
Drainage, Utility and Sewer Easements (collectively, the "Easements which are identified on the Sketch
as "10' DU &SE which generally runs along the west property line of the Lot and a variable
"D.U. &S.E. which generally runs along the south property line of the Lot; and
V
WHEREAS, the Easements are beneficial to City and its residents; and
s3-
]eh nrsuord c doc 6/ 1
WHEREAS, as indicated on the Sketch, the Deck and Driveway 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 Deck and Driveway, 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 are hereby
acknowledged, the parties hereto 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 Encroachments for only so long as
(i) the Encroachments exist; 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
other wise change the Deck and Driveway from what is depicted on the Sketch.
4. Owner hereby agrees that City shall have the right to remove all or any portion of the Deck
and Driveway 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 Deck
and Driveway.
[eb ms„ord c \cncroachUrcinlcin doc 0 2
5. Owner hereby agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees, guests and agents, from and against any and all losses,
liabilities, damages, claims, judgments, attorney fees and costs arising from (including, but
not limited to, (i) 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, licensees, guests or
agents in or adjacent to the Easements.
6. Owner hereby agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair 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 Deck and 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 five (5) business days from the effective
date of this Agreement
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 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 c \encroacb\liendein doc o'I 8/99) 3
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
By: �J /I AND THROUGH ITS BOARD OF PUBLIC
Gregory q.$ Lein WO S AND SAFEY
Date: //9 q
J mes Brainard, Presiding Officer
B 1. i ate:
et M. Heinlein
Date: 9///9 9 W a
Mary An urke, Membe
Date:
Billy Walker, Member
Date: m'.
ATT ST:
Diana Cordray, IAMC C erk`"I're surer
Date: 1 -7 \a
[cb ms«ord c \encroacMhcmlcw doc 0/1 S'99] 4
STATE OF INDIANA
SS:
COUNTY OF tb4m 1 loo?
Before me, a Notary Public in and for said County and State, personally appeared Gregory J.
Heinlein and Janet M. Heinlein, husband and wife, by me known, and who acknowledged the execution of
the foregoing "CONSENT TO ENCROACH" as their voluntary act and deed.
Ism
Witness my hand and Notarial Seal this day of �i�� 19.
NOTARY PUBLIC f
My Commission Expires: 0
L.. so_ L Vv1 IN 'r
t a, -a UcKD Printed Name
My County of Residence: Via_ cm 1
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 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.
Witness my hand and Notarial Seal this 9 day of u y 19.••'
4 '1
NOTARY PUBLIC
My Commission Expires:
11 I2-aD Printed Name
My County of Residence: Irv` Dr\
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[cb nu,ord c ∎cncroach\bcinlciii doc 5 5
‘.7vnvc II. ncr vii t
THIS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WiTH RESIDENTIAL LOAN POLICIES.
t■ COF!VER MARKERS WERE SET AND THE LOCATION DATA HEREIN IS BASED ON LIMITED ACCURACY
MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR
CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES.
This is to certify that the subject property does does not k He within that Special Flood Hazard Area Zone 'A'
The accuracy is subject to map scale uncertainty and to any other uncertainty in location or elevation on Community
Panel Number /8Q oR i co o3 c of the Flood Insurance Rate Maps, effective date 5//y/81
PROPERTY ADDRESS: 2841 Hazel Foster Drive
PROPERTY DESCRIPTION: Lot 110 in FOSTER ESTATES SECTION 6 -A the plat of which is recorded In Plat
Cabinet 1, Slide 710, In the Office of the Recorder of Hamilton County, Indiana.
c Hazel Foster Drive
N
CI1
I 105.14'
15' D.U. S.E.
0
7 i
Z 35' B.L.
U
j .y A N Zi: 85 U 4 Concrete 2 19.3 Porch u p Drive 22.7'
-t C 4.. o
R° ti0 2 z
V7 1::. 5 U 0 CP
i e jU w/ Ga N o
c -N-
i
N 1_ 70' 27.7'
70.
1 =30'
+PPT< c ck' 0i
20.7'
Lot 110
o �D.iJ,�S.
0
.moo. EXHIBIT A
ENCROACHMENT AREA 9..50
TITLE COMPANY: MiD- AMERICA TITLE CO. INC.
LENDER:
I hereby certify to the parties named above that the real estate described herein was Inspected under my supervision
on the date Indicated and that to the best of my knowledge, this report conforms with the requirements contained in
Sections 27 through 29 of 865 IAAC 1 -1 -12 for a SURVEYOR LOCATION REPORT.
s i r�
FOSTER ESTATES
SECTION 6-A
SECONDARY PLAT
PART OF TI-E N.E. 114
SECTION 19- T18N- R4E
HAlkiLTON COUNTY
LAND DESCRIPTION
A part of the Northeast Quarter of Section 19, Township 18 North, Range 4 East
in Clay Township, Hamilton County, Indiana, being more particularly described as
follows:
Commencing at the Northeast corner of said Quarter Section; thence North 89
degrees 57 minutes 37 seconds West (Assumed Bearing) along the North line of
said Quarter Section a distance of 2657.24 feet to the Northwest corner of said
Quarter Section, said corner also being the Northwest corner of Foster Estates
Section 1, a subdivision in Hamilton County, Indiana, the plat of which is recorded
as instrument no. 8818500 in the office of the Recorder of Hamilton County,
Indiana; thence South 00 degrees 02 minutes 09 seconds East along the West line
of said Quarter Section and along the West line of said Foster Estates Section 1 a
distance of 1192.71 feet to the Southwest _corner of said Foster Estates Section 1
and the Point of Beginning; thence North 90 degrees 00 minutes 00 seconds East along
the South line of said Foster Estates Section 1 a distance of 920.35 feet to the
Northwest corner of Foster Estates Section 5, a subdivision in Hamilton County,
Indiana, the plat of which is recorded as instrument no. 9431057 in the office of
the Recorder of Hamilton County, Indiana (the next three (3) described courses
being along the westerly line thereof); thence South 00 degrees 59 minutes 56
seconds East a distance of 142.16 feet; thence South 89 degrees 00 minutes 04
seconds West a distance of 14.74. feet; thence South 00 degrees 00 minutes 00
seconds East a distance of 200.03 feet; thence South 89 degrees 00 minutes 04
seconds West a distance of 424.65 feet; thence South 62 degrees 32 minutes 45
seconds West a distance of 67.68 feet; thence North 27 degrees 27 minutes 15
seconds West a distance of 100.00 feet; thence South 62 degrees 32 minutes 45
seconds West o distance of 200.00 feet; thence North 27 degrees 27 minutes 15
seconds West a distance of 48.75 feet; thence South 62 degrees 32 minutes 45
seconds West a distance of 115.00 feet; thence North 90 degrees 00 minutes 00
seconds West a distance of 75.10 feet to the west line of said northeast quarter;
thence North 00 degrees 02 minutes 09 seconds West along said west line a
distance of 394.26 feet to the Beginning Point, containing 7.386 acres, more or
less.
This Subdivision consist of 16 lots numbered 43 through 52 and 109 through 114
together with streets and easements as shown hereon.
The size of Tots and widths of streets and easements are shown in figures
denoting feet and decimal parts thereof.
CROSS— REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT
NUMBER 9431056 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR,
I ,r I A;K nr TU 'cTITF nF INDIANA AND THAT