12554 Scottish Bend - Park, Randall/Angela 2004000337
Filed for Record in
HAMILN COUNNA
4.
JENNIF TO ER J HAYD TY tN
(_'�5- 19 —cDtl4 At c79 c C INDIA
ENCROACHMNT
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Randall L. Park and Angela M. Park, husband and wife, 12554 Scottish Bend, 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 40 "Lot with a common address of 12554
Scottish Bend, Carmel, Hamilton County, Indiana 46033, in the Lynnwood 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 627 as
Instrument #9559878 in the Office of the Hamilton County Recorder on November 8, 1995 as Lynnwood,
Section 2; 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
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 Scottish Bend and "20'
D.0 &S.E." on Exhibit B;
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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.
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,
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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
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
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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 beresponsible 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.
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.
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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
Randa IL. Park James B nar Pr
SSN: s �0 c�� 1 Date: esid fficer -ellef�.��
Date: ‘q `i
LC--- a
Mary Ann Burke, Member
Date:
iitlebt, i Pi vo"
Angela M. Park Lori Wat. on, Me.-
SSN: O 9% (.t) 19� te: S 0
Date: el ilk 'y f Z S-0 y
ATTE
k i J /A to Sandra 1. Johnson
i/ 7 ray Clerk for
Tana Cordr v, I Clerk- Treasurer
Date: o
RETURN ORIGINAL TO:
CITY OF C
ONE CIVIC SQUARE
CARMEL IN
[eb.rmw ord dhill \fornn`pdrkconsem.doc 4/6/041 5
STATE OF INDIANA
SS:
COUNTY OF /44H /1..roJJ
Before me, a Notary Public in and for said County and State, personally appeared RANDALL L.
PARK and ANGELA M. PARK, by me known, and who acknowledged the execution of the foregoing
;;cOIA'VNT TO ENCROACH" as his or her voluntary act and deed.
r
'mss my hand and Notarial Seal this Lia day of AK ir 20
I-�
NOT Y PUBLIC
,y,Gon i8sion Expires:
a rinted Name
OFFICIAL SEAL
JONATHAN A. WALKER
NOTARY PUBL4C INDIANA
MARION COUNTY 2 y County of Residence: M44-ia t/
My Comm. Expires Feb. 11, 200 j
c.„
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 know, me known to ,e the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L ongx
THE CITY CARMEL, acknowledged P_Q Ql
Treasurer of 1 CIE CI l Y OF CARM�L who uckno�� ledaed the execution of the f�r'.� �q.:r� t �.o
Encroach" on behalf of the City of Carmel, Indiana. u�� y 0
Witness my hand and Notarial Seal this day of .20 b SF r y, x
111 a w
NOTARY PUBLIC
My Commission Expires: 4
e. ,4)4/ c?4►vi5
/°l /0 r Printed Name
My County of Residence: tiToN
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LAND DESCRIPTION
Part of the Northwest Quarter of Section Thirty —four (34) in Township Eighteen (18) North,
Range Four (4) East in Hamilton County, Indiana, described as follows:
Commencing at the Northwest corner of the Northwest Quarter of said Section 34; thence
South 89 degrees 53 minutes 43 seconds East (assumed bearing) along the North line of the
Northwest Quarter of said Section 34 a distance of 1556.39 feet to the Point of Beginning;
thence South 00 degrees 08 minutes 42 seconds West o distance of 1123.11 feet; thence
South 74 degrees 04 minutes 53 seconds East a distance of 301.40 feet; thence South 86
degrees OD minutes 00 seconds East a distance of 285.70 feet; thence North .00 degrees 00
minutes 00 seconds East a distance of 422.94 feet; thence North 90 degrees 00 minutes 00
seconds West a distance of 60.00 feet; thence North 00 degrees 00 minutes 00 seconds East
a distance of 223.94 feet; thence North 12 degrees 23 minutes 01 seconds East a distonce
of 52.26 feet; thence North 19 degrees 00 minutes 00 seconds East a distance of 261.40
feet; thence North 00 degrees 00 minutes 00 seconds Eost a distance of 279.50 feet to; :the
north line of said Northwest Quarter; thence North 89 degrees 53 minutes 43 seconds West
along said north line o distance of 608.29 feet to the Beginning Point, containing 15.484
acres, more or less.
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EXHIBIT "B”
VA! RIGHT OF WAY ENCROACHMENT
EASEMENT ENCROACHMENT
1