Ivy Hill - Jasin, Jon/Mindy 200.501 11103285
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
01 -18 -2005 At 08 =53 am.
ENCROACHMNT 21,00
a r 30
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Jon P. Jasin and Mindy S. Jasin, husband and wife, 5298 Ivy Hill 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 96 "Lot with a common address of 5298
Ivy Hill Drive, Carmel,.Hamilton County, Indiana 46033, in the Plum Creek North 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 Cabinet 1, Slide Number 625,
Instrument Number 95- 59876, in the Office of the Hamilton County Recorder on November 8, 1995, as
Plum Creek North, Section Number 3; and
WHEREAS, the current Owner has installed a concrete driveway, and also wishes to install a
concrete slab on the lot (referred to hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City a sketch "Sketch depicting the locations of the Site
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvements are, or will be constructed on portions of the Lot designated as
a Drainage, Utility and Sewer Easement "Easement identified as "10' DU SE" on Exhibit B; and as
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a Greenbelt Easement and Drainage, Utility and Sewer Easement "Easement identified as "20ft.
Greenbelt Easement and 20ft. DU SE" on Exhibit B; and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachment
upon the Easements, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the locations of the Encroachment; 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 locations of the Site Improvements as indicated 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 Encroachment for only so long as
(i) 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 Site Improvements from what is depicted on Exhibit B.
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4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
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 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 Site
Improvements 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 Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Site
Improvements.
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
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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.
11. The parties understand and agree that this Consent to Encroach replaces and voids that certain
Consent to Encroach entered into by the parties on September 2, 2004 and recorded on
September 23, 2004 as Instrument Number 200400066436 in the Hamilton County Recorders
Office, Hamilton County, Indiana.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
P LIC WORKS AND SAFETY
',14
Jon P. Jasin ames Brainard, Presidin' Officer
SSN: 30? g Z 12- 4 Date: —0 L
Date: 11 t 0 o Li iiir
Mary An rke, Me ber
Date:
II J
Mindy S. asin Lori W.ts n ;ea• If ta§
SSN: 5; 7 Y
l l o, Da ?i *4
Date: 11 w
1`c3t'y`� 1 ,t/ r.
AT i ST: 't� I%
4
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Diana Cordray, 0; `ie' s
Da r�
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STATE OF INDIANA ;t
SS: o3 -Li
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared JON P. JASIN
and MINDY S. JASIN, 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 /0 day of 200
0<
NO ARYUBLIC
My Commission Expires:
92.,- J /1 2,- S7 A /ee
2 C zo 1/ Printed Nanle
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appearedtJAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me know a M, b y:Mm o. ",1 �to;� d th e
Members of the City of Carmel Board of Public Works and Safety, and vc, T �i' j•
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of th. i i orls 9 b
Encroach" on behalf of the City of Carmel, Indiana. 8 <•i A
gig^. z.,4i,j i i',._
Witness my hand and Notarial Seal this day of m 0: i::INNOi
1 V
7. g_
'1, -4•, +t
NOTARY PUBLIC '%--,-7
My Commission Expires: ,,r }tr "4,`,
e am DcY\AS 47 Printed Name
My County of Residence: 4 .1 U1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032. -0
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LEGAL DESCRIPTION
Part of the Northwest Quarter of Section 27, Township 18
North, Range 4 East, in Hamilton County, Indiana
Lot #96 in the Plum Creek North Section 3 subdivision.
Recorded in the Office of the Hamilton County Recorder on
November 8, 1995 in Plat Cabinet 1, Slide 625 as Instrument
#9559876.
EXHIBIT "A"
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