12073 Bayhill - Petruzzi, Dale/Jill 200400040388
Filed for Record in
(VrJ (\O HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
06 -10 -2004 At 0:43 pm.
ENCROACHMNT 26.00
CONSENT TO ENCROACH
APPROVED AS TO FORM SY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Dale Petruzzi and Jill Petruzzi, husband and wife, 12073 Bayhill 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 116 "Lot with a common address of
12073 Bayhill Drive, Carmel, Hamilton County, Indiana 46033, in the Bayhill at Waterstone 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 544 as
Instrument #9534420 in the Office of the Hamilton County Recorder on May 8, 1995 as Bayhill at
Waterstone, Section 3B; 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 Bayhill Drive and "30'
D.0 &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
PUBLIC WORKS AND SAFETY
MA_
Petruzzi
SSN: l7-7o--O(7' Date: 0 •A.=
Date: 57 D4f-
W A....
Mary Ann Burke, Member
-Pate+ t- A.
IIiC. LAAAA; ►..I. A.
Ji etruzzi I Lug i Wagon, Member
S 3 7 -.7 .2-, 3 30 Date: 0.
Date: 6 I4 a
ATTEST:
N. A
Diana Cordray, IAMC, Clerk Treasurer
Datc: t,9: h
RETURN TO: 74.4,./7 9ei/.
Sandra M. Johnson
City of Carmel MictiAwa.._ Tr e C. 'r{ P_,36.1,je.e2
1 Civic Square berTr2 6-/-2004,
Carmel IN 46032
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STATE OF INDIANA
SS:
COUNTY OF C±6r'
Before me, a Notary Public in and for said County and State, personally appeared DALE
PETRUZZI and JILL PETRUZZI, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his or her voluntary act and deed. II
Witness my hand and Notarial Seal this VI d:y of i:� 206
.►V Lh►
O Y PUBLIC
My Commission Expires:
2 Z (31O Q ti Printed Name
ti �J P My County of Residence: V A L
IN o y
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Befome, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD MARY ANN BURKE and LORI WATSON, by me known, and by me know e the
Members of the Cii y Carmel Board of Public Works and Safety, and DIANA L. RAY, Clerk
Treasurer of THE CITY CARMEL, who acknowledged the execution e foregoing "Consent To
Encroach" on behalf of the Cit "'Carmel, Indiana.
Witness my hand and Notarial Seal t of 20_
NOTARY P IC
My Commission Expires:
Printed Name
County Residence:
My Co ty of
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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STATE OF INDIANA ,,,,,,,-:A,.
SS: 4r.�., r
COUNTY OF HAMILTON
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.
h and and Notarial Seal this y
my 7
Witness m da of 2004
My Commission Expires:
,1U y 1 .S�e /er Notary Public
/lay
residing in County,
Indiana
LAND DESCRIPTION
Port of the Northwest Quarter and Southwest Quarter of Section 33, Township 18 North, Range 4 East in
Homi1ton County, Indiana, being more particulorly described as follows:
Commencing at the Northwest corner of the Northwest Ouorter of said Section 33; thence North 89 degrees 39
minutes 53 seconds Eost (Assumed Bearing) along the North line of said Northwest Quarter Section a distance of
1091.16 feet to the Northwest corner of BayiiiII Section 1, a subdivision in Hamilton County, Indiana, the plot of
which is recorded as Instrument Number 9252062 in the Office of the Recorder of Hamilton County, Indiana;
thence South 00 degrees 00 minutes 00 seconds East along the West line of said Bayhill Section 1 a distance of
428.83 feet to the northwest corner of Bayhill Section 3 -A, a subdivision in Hamilton County, Indiano, the plat of
which is recorded as Instrument Number 9421444 in the Office of the Recorder of Hamilton County. Indiana (the
next twelve (12) described courses being along the westerly and southerly lines thereof); thence South 18 degrees
00 minutes 00 seconds East a distance of 365.00 feet; thence South 43 degrees 00 minutes 00 seconds East a
distance of 84.93 feet; thence North 88 degrees 00 minutes 00 seconds East a distance of 279.46 feet; thence
South 82 degrees 00 minutes 00 seconds East a distance of 98.37 feet; thence South 64 degrees 00 minutes
00 seconds East a distance of 103.63 feet; thence South 38 degrees 34 minutes 48 seconds East a distance of
59.74 feet; thence South 26 degrees 00 minutes 00 seconds West a distance of 173.61 feet; thence South 00
degrees 00 minutes 00 seconds East a distance of 118.22 feet; thence South 10 degrees 00 minutes 00 seconds
East a distance of 117.30 feet to the Point of Beginning; thence North 84 degrees 00 minutes 00 seconds East
a distance of 169.44 feet; thence South 06 degrees 00 minutes 00 seconds East a distance of 72.05 feet;
thence North 84 degrees 00 minutes 00 seconds East a distance of 200.00 feet to the westerly line of Bayfiill
Section 2. a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number 9349803
in the Office of the Recorder of Hamilton County. Indiana (the next fourteen (14) described courses being along
the westerly and southerly lines thereof); thence South 06 degrees 00 minutes 00 seconds East a distance of
105.10 feet; thence South 37 degrees 59 minutes 25 seconds East a distance of 86.90 feet; South 41 degrees
26 minutes 30 seconds West 0 distance of 73.17 feet; thence South 10 degrees 00 minutes 00 seconds West a
distance of 195 22 feet; thence South 02 degrees 29 minutes 58 seconds East a distonce of 89.30 feet; thence
South 04 degrees 00 minutes 00 seconds Eost o distance of 389.07 feet; thence South 83 degrees 36 minutes
04 seconds East a distance of 258.06 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of
184.79 feet; thence South 04 degrees 00 minutes 00 seconds West a distance of 50.00 feet; thence South 86
degrees 00 minutes 00 seconds East a distance of 44.21 feet; thence South 04 degrees 00 minutes 00 seconds
West a distance of 210.83 feet; thence North 84 degrees 49 minutes 13 seconds East a distance of 149.92 feet
to a curve having a radius of 625.00 feet, the radius of which bears North 84 degrees 49 minutes 13 seconds
East; thence Southerly along said curve on arc distance of 74.40 feet to a point which bears South 78 degrees
00 minutes 00 seconds West from said radius point; thence South 12 degrees 00 minutes 00 seconds East a
distance of 132.88 feet to the north line of Stonewick Section 3, o subdivision in Hamilton County, Indiana, the
plot of which is recorded as Instrument Number 9349814 in the Office of the Recorder of Hamilton County,
Indiana (the next two (2) described courses being along the northerly lines thereof); thence North 90 degrees 00
minutes 00 seconds West a distance of 757.59 feet; thence South 00 degrees 00 minutes 00 seconds West a
distance of 247.45 feet; thence South 78 degrees 05 minutes 21 seconds West a distance of 203.58 feet to the
easterly line of Windpointe Section 1, a subdivision in Hamilton County, Indiana, the plat of which is recorded as
Instrument Number 9252064 in the Office of the Recorder of Hamilton County, Indiana; thence North 38 degrees
00 minutes 00 seconds West along said easterly line a distance of 139.88 feet; thence North 60 degrees 00
minutes 00 seconds East a distance of 82.00 feet; thence North 42 degrees 00 minutes 00 seconds East o
distance of 106.77 feet; thence North 18 degrees 30 minutes 00 seconds East a distance of 71.56 feet; thence
North 06 degrees 30 minutes 00 seconds East a distance of 165.00 feet; thence North 00 degrees 00 minutes
00 seconds East a distance of 175.00 feet; thence North 19 degrees 00 minutes 00 seconds West a distance of
126.11 feet; thence North 02 degrees 00 minutes 00 seconds West a distance of 147.03 feet; thence North 06
degrees 00 minutes 00 seconds East a distance of 113.05 feet; thence North 14 degrees 15 minutes 56 seconds
East a distance of 91.16 feet; thence North 00 degrees 00 minutes 00 seconds East o distonce of 194.83 feet;
thence North 12 degrees 44 minutes 58 seconds West a distance of 115.69 feet; thence North 03 degrees 34
minutes 42 seconds East a distance of 100.09 feet; thence North 15 degrees 49 minutes 37 seconds Eost a
distance of 101.42 feet; thence North 09 degrees 27 minutes 35 seconds East a distance of 94.27 feet; thence
North 04 degrees 00 minutes 00 seconds East a distonce of 85.75 feet; thence North 10 degrees 00 minutes 00
seconds West a distance of 100.24 feet to the Beginning Point, containing 20.583 acres, more or less.
EXHIBIT "A"
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EXHIBIT "B"
RIGHT OF WAY ENCROACHMENT
EASEMENT ENCROACHMENT