12738 Plum Creek - Pachciarz, Jerome/Betty 200400033787
1\ Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
05 -19 -2004 At 09:34 am.
ENCROACHMNT 24.00
CONSENT TO ENCROACH
APPROVED AS TO FORM 8Y
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Jerome L. Pachciarz and Betty Pachciarz, husband and wife, 12738 Plum Creek Boulevard, 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
WITNES SETH
WHEREAS, Owner owns in fee simple Lot Number 175 "Lot with a common address of
12738 Plum Creek Boulevard, Carmel, Hamilton County, Indiana 46033, in the Plum Creek Farms
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 471 as
Instrument #200000041964 in the Office of the Hamilton County Recorder on August 22, 2000 as Plum
Creek Farms, Section 5; 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
f eb:mcword:z\shared\dhill\ forms\ pachliarzconsentdoc.4/ 1/04] 1
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 Plum Creek Boulevard
and as "10' D.0 &S.E. and 25' 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 "Encroachments 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.
[eb:nsword:z:\shared\dhill forms \pachliarzconsent.doc:4 /1/04] 2
t
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
e g
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
[eb:msword.z:\ shared\dhill forms \pachliarzconsent.doc:4 /1/04] 3
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.
[eb:msword:z:\shared\dhill forms \pachharzconsent.doc:4 /1/04] 4
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 AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
�Jd`rome L. Pachciarz James B .a "iriard Pres}'�fficer
SSN: J- -S�o e" o Date:
Date:
-4 .0 9 .1
L am
Mary Ann Burke, Member
Date:
Betty Pac} ciarz Lori Watson, Mem.
SSN: ,3a 7 7 Z' j Date:
Date: `1- /'3 `e f
ATT ST:
Sandra ain I s
Ill/¢P, Clerk for
canna Corday C, CI r k- Treasurer
Date:
pRIG►NAL TD
RETUR A �OHNgpN
SAODR GARME-
o r/ OF V NIE
ONE ME 1N 46032
G pR
[eb:msword:z:\ shared \dhdl \fomts \pachharzconsent doc :4/6/04] 5
STATE OF INDIANA
1 SS:
COUNTY OF /fl( 1I 07
Before me, a Notary Public in and for said County and State, personally appeared JEROME L.
PACHCIARZ and BETTY PACHCIARZ, 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 l day of RiOri 1 ,21),0 ci
,Cbt el- t,--(A 1)-) 0 .,9-a NOTARY PUBLIC f 4yd 4
My Commission Expires: i tb o2a h F-(6'.4/;':1'1.7:1..*
Pp r(I aq, aoo3 Printed Name A.° i•
My County of Residence: l l m 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 LORI WATSON, by me knowilg B and b r own to,'g,t,
bhe,
DI
Members of the City of Carmel Board of Public Works and Safety, and MA VAT. t :13R lerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of 'the foreg ippi h'serit To
Encroach" on behalf of the City of Carmel, Indiana. r
hand and day of
my d Not arial Seal this
Witness m
NOTARY PUBLIC t;;, n
My Commission Expires:
e. 4A4c23Gi✓i..
/j94/ Printed Name ,,r
My County of Residence: L/A∎79/ .TaN
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb:msword:zAshared\dhill\ forms \pachliarzconsentdoc:4 /6/04] 6
LAND DESCRIPTION
Port of the Southwest Quarter of Section Twenty —seven (27), Township Eighteen (18) North, Range Four (4)
East in Hamilton County, Indiana, described as follows
Commencing of the Southwest corner of the said Southwest Quarter Section; thence South 89 degrees 53
minutes 43 seconds East (assumed bearing) along the South line thereof a distance of 2589.68 feet to o
point on the westerly line of Plum Creek Golf Course recorded os Instrument Number 9608135 in the Office
of the Recorder of said Hamilton County, Indiana (the next seven described courses being along the westerly
line thereof); thence North 00 degrees DO minutes 00 seconds East a distance of 805.97 feet; thence
North 12 degrees 30 minutes 06 seconds West a distance of 214.64 feet; thence North 30 degrees 00
minutes 00 seconds West a distance of 17.05 feet to the Point of Beginning; thence continuing North 30
degrees 00 minutes 00 seconds West a distance of 508.83 feet; thence North 65 degrees OD minutes 00
seconds West a distonce of 233.13 feel; thence North 90 degrees 00 minutes 00 seconds West a distance
of 318.83 feet; thence South 52 degrees 16 minutes 08 seconds West a distance of 425.61 feet; thence
South 24 degrees 00 minutes 00 seconds East a distance of 146.25 feel to a curve having a rodius of
275.00 feet, the radius point of which bears North 24 degrees 00 minutes 00 seconds West; thence
southwesterly along said curve on orc distance of 115.19 feet to a point which bears South 00 degrees 00
minutes 00 seconds East from said radius point; thence North 90 degrees 00 minutes 00 seconds West a
distance of 22.71 feet to the Northeast corner of Plum Creek Farms Section 4 recorded as Instrument
Number 199909972701 in the Office of the Recorder of sc'd Hamilton County, Indiana (the next tour
described courses being along the easterly line thereof); thence South DO degrees 00 minutes 00 seconds
East o distance of 50.00 feet; thence South 90 degrees 00 minutes 00 seconds East a distance of 22.71
feet to a curve having a radius of 325.00 feet, the radius point of which bears North 00 degrees 00
minutes 00 seconds West; thence northeasterly olong said curve on orc distance of 65.07 feet to o point
which bears South 11 degrees 28 minutes 17 seconds East from said radius point; thence South 11 degrees
28 minutes 17 seconds East a distance of 147.39 feet to the Northwest corner of Plum Creek Forms
Section 1 recorded as Instrument Number 9909904583 in the Office of the Recorder of sold Hamilton
County, Indiana (the remaining described courses being along the northerly and easterly line thereof); thence
North 59 degrees 27 minutes 00 seconds East a distance of 177.40 feet: thence North 73 degrees 33
minutes 15 seconds East a distance of 84.65 feet; thence South 40 degrees 30 minutes 00 seconds East a
distance of 301.69 feet; thence South 53 degrees 56 minutes 17 seconds East a distance of 81.52 feet;
thence North 81 degrees 06 minutes 17 seconds East a distance of 150.77 feet to o curve having a radius
of 200.00 feet, the radius point of which bears South 87 degrees 36 minutes 57 seconds West; thence
northerly along said curve on arc distonce of 2.70 feet to a point which bears North 86 degrees 50
minutes 33 seconds East from said radius point; thence North 86 degrees 50 minutes 33 seconds East a
distance of 142.22 feet; thence North 18 degrees 50 minutes 51 seconds West a distance of 51.43 feet;
thence North 69 degrees 06 minutes 29 seconds East a distonce of 146.35 feet to a curve having a rodius
of 575.00 feet, the radius point of which bears South 69 degrees 06 minutes 29 seconds West; thence
northwesterly along said curve an orc distance of 20.36 feet to a point which bears North 67 degrees 04
minutes 46 seconds East from said radius point; thence North 67 degrees 04 minutes 46 seconds East a
distance of 195.88 feet to the Beginning Point, containing 13.204 acres, more or less.
EXHIBIT "A"
a--238 pLum CR gL
PACII C \AR
SCa►e. d
4
PQCi D
4
k 0 LisE t. i.
0
',..„1,
11
1
1 1
1 a• 'y./ 2 rP D i1. �SC ka
t
,•0..,. L1
I 111111.111111
PLuLA C_,== LE..
EXHIBIT "B"
VW RIGHT OF WAY ENCROACHMENT
h EASEMENT ENCROACHMENT