5947 Chapman Trail - Johnson, David/Patricia r I 200400040387
v Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
9 06 -10 -2004 At 03:4. m.
ENCROACHMNT 26.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
David G. Johnson and Patricia R. Johnson, husband and wife, 5947 Chapman's Trail, 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 64 "Lot with a common address of 5947
Chapman's Trail, Carmel, Hamilton County, Indiana 46033, in the Chapman's Claim at Prairie View
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 2, Slide 355 as
Instrument #199909967431 in the Office of the Hamilton County Recorder on November 19, 1999 as
Chapman's Claim at Prairie View, Section 2A; 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
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WHEREAS, the System will be constructed on a portion of the Lot designated as Public Right of
Way and as Drainage, Utility Sewer Easements (the "Easements identified as Chapman's Trail and
"15' D.0 &S.E. and 10' D.U. &S.E." on Exhibit B;
WHEREAS, the Right of Way and Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachment upon the
Right of Way and 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 Right of Way and /or 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.
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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,
sewer lines or drainage ditches located in any or all of the Right of Way and/or 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 Right of Way and /or 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 Right of Way and /or 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
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immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
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 Easement shall be at Owner's cost,
expense and risk and that, if City, in its sole discretion, performs any work in the Right of
Way and/or 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.
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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.
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 APB THR{TH ITS BOAS
ilk 41.
CrA■ i4.
David G. Johnson Jai es Brainard, Presiding Officer
SSN:'"-------94 vi, Gil X di e/144 fie: 0 A,
Date:
Q
Mary Ann Burko, Mombor
I�
6N A-. a tricia R. Johnson X..)c:5.1/2-- Lori Watson, Member
SSN: D tLact eATi r, /Iv
Date: S //2/o ATTEST:
ki, a
Diana Cordray, IAMC, Clerk Treasurer
Date: 1J.A.
RETURN TO:
Sandra M. Johnson 1•ti 1 ca tAE.A_ kikc—e,0_, z. c C t� e.p.)at 0E3252. City of Carmel 6 1— 2004/ 1 Civic Square DArE
Carmel IN 46032
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STATE OF INDIANA )e ='t
COUNTY OF O.t/ ti .r S`x 11
t 7, l 11i 111
Before me, a Notary Public in and for said County and State, personally appeared DAV• ?G.
JOHNSON and PATRICIA R. JOHNSON, 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 day of l) A. 2064
X 4 4y4
NOTARY PUBLIC
My Commission Expires:
1 5 /4 4. /(P0,0A
o_5/8 Printed Name
My County of Residence: l/ //0 A./
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Befor me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, M ANN BURKE and LORI WATSON, by me known, and by me know. se the
Members of the City o armel Board of Public Works and Safety, and DIANA L. CO MORAY, Clerk
Treasurer of THE CITY OF EL, who acknowledged the execution of th- .regoing "Consent To
Encroach" on behalf of the City of •Iiel, Indiana.
Witness my hand and Notarial Seal this day of 20
NOTARY PUB
My Commission Expires:
Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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STATE OF INDIANA Q t.
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COUNTY OF HAMILTON H. r
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Before me, the undersigned, a Notary Public in and for said County and State, personally
Appeared Michael T. McBride, City Engineer for the City of Carmel, Indiana, who having
been duly sworn upon his oath acknowledged the execution of the foregoing Affidavit for and on
behalf of said Authority.
Witness my hand and Notarial Seal this 7 day of 9e&P-Y---4-- 2004
My Commission Expires:
,,r. 4�v
G' L 0,4344,- Notary Public
//24/.
residing in County,
Indiana
LAND
Part of the Southwest Quarter of Section 26 in Township 18 North, Range 4 East in the Second Principal Meridian in Homiton
County. Indiana being described as Idiom
Cernmencing at the Southwest corner of said Southwest Quarter of Section 26; thence cn an assumed tearing of North 00
degrees 02 minutes 46 seconds West along the West line thereof 1016.79 feet to the Southwest corner of Chopman's Claire at
Prairie View, Section 1, as recorded in the Office of the Recorder of Hamiton County, bndlono os instrument No. 9728756, P.C. No.
1 Side No. 7955 (the fallowing twenty -three courses being doing the southerly and westerly Gies of said plat) (1)thence North 89
degrees 57 minutes 14 seconds East 207.58 feet; (2)thence South 00 degrees 02 minutes 46 seconds East 149.15 feet (3)thence
South 89 degrees 50 minutes 56 seconds East 283.75 feet the Point of Beginning; (4)thence North 00 degrees 16 minutes 13
seconds West 227.62 feet to o curve having a radius of 225.00 feet, the ruckus point of midi bees North 25 degrees 56
minutes 06 seconds East; (5)thence southeasterly dong said arrve on arc &stance of 32.79 feet to a point which bears South 17
degrees 35 minutes 04 seconds West from said rods point (6)thence North 17 degrees 35 minutes 04 seconds Eost 50.00 feet
(7)thence North 21 degrees 18 minutes 13 seconds East 152.24 feet 18)thence North 51 degrees 03 minutes 41 seconds West
35.28 feet (9)thence North 00 degrees 02 minutes 46 seconds West 302.10 feet; (10)thence North 03 degrees 23 minutes 54
seconds Eost 50.00 feet to a curve having a rod&us of 325.00 feet, the rodrus pant of which bears South 03 degrees 23 minutes
54 seconds West (11)thence northwesterly along said cline on arc dotonce of 7.21 feet to o point which tears North 02 degrees
07 minutes 38 seconds East from scid radius point; (12)thence With 02 degrees 07 minutes 38 seconds Eost 110.67 feet;
(13)thence North 00 degrees 02 minutes 46 seconds West 2222 feet (14)thence 89 degrees 57 minutes 14 seconds East
110.92 feet (15)thence South 68 degrees 00 minutes 50 seconds East:107.80 feet (16)thence South 58 degrees 16 minutes 58
seconds East "81.72 feet; (17)thence 'South 29 degrees 38 minutes 38 :wounds West -147.0.4 feet (18)thence South 60 degrees 21
minutes 22 seconds Eost 47.40 feet to a are having a rodrus of 225.00 feet, =the radius point of which beers North 29 degrees
38 minutes 38 seconds East (19)thence southeasterly lolong sad curre,=on 'arc &stance of 141.59 feet to a poet which bears
South 06 degrees 24 minutes 42 seconds Eost from said Modus .point; :(20-)thence North 83 degrees 35 minutes 18 seconds East
11.78, (21)thence North 06 degrees 24 iniwtes 42 seconds West .150.00 feet: (22)thenoe North 83 degrees 35 minutes 18
seconds Eost 80.00 feet (23)thence North, 77 degrees 12 minutes 16 seconds East 52.88 feet thence South 34 degrees 35
minutes 55 seconds Eost 80.00 feet thence South 15 degrees 42 minutes 50 seconds East 78.69 feet; thence South 15 degrees
30 nireites 04 seconds Eost 50.00 feet thence South 15 degrees 42 minutes 50 seconds East 154.41 feet; thence South 74
degrees 17 minutes 10 seconds West 34.76 feet thence South 15 degrees 42 minutes 50 seconds East 150.00 feet thence North
74 degrees 17 minutes 10 seconds East 6.00 feet thence South 15 .degree:, 42 minutes 50 seconds East 204.06 feet; thence
South 00 degrees 09 minutes 04 seconds West 135.82 feet thence North 89 degrees 50 minutes 56 seconds West 773.02 feet to
the Point of Beginning, containing 12.152 ones, mare or less.
EXHIBIT "A"
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EXHIBIT "B"
RIGHT OF WAY ENCROACHMENT
OM EASEMENT ENCROACHMENT