13929 Settler's Ridge Trail - Morin, Leo/Jane 200400006484
Filed for Record in
HAMILTON COUNTY INDIANA
V1 e JENNIFER J HAYDEN
01 -29 -2004 At 03:12 pm.
ENCROACHMNT 24.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Leo J. Morin and C. Jane Morin, husband and wife, 13929 Settler's Ridge 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 12 "Lot with a common address of 13929
Settler's Ridge Trail, Carmel, Hamilton County, Indiana 46033, in the Settler's Ridge at Haverstick
Subdivision which is located within the corporate limits of the City of Carmel, Indiana "Subdivision
which Subdivision 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 510 as
Instrument #200000054647 in the Office of the Hamilton County Recorder on November 1, 2000 as
Settler's Ridge at Haverstick, Section 1; 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 (the "Right of Way identified as Settler's Ridge Trail on Exhibit B, and as a Drainage, Utility
Sanitary Sewer Easement (the "Easement identified as "20' D.0 &S.S.E." on Exhibit B;
WHEREAS, the Right of Way and Easement 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 the Easement, 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 or the Easement.
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
Easement, 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 Easement.
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 Easement
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 Right of Way and 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 Easement, 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 AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
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Leo J. Morin James Brainard, Presiding Officer
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Ann Burke, Member t f 4 6 4 1
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C. Jane orin Lori Watson, Mernbe a
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STATE OF INDIANA
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COUNTY OF 1/ OM
Before me, a Notary Public in and for said County and State, personally appeared LEO J. MORIN
and C. JANE MORIN, by me known, and who acknowledged the execution of the foregoing, `.`CONSENT
TO ENCROACH" as his voluntary act and deed.
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Witness my hancll [�To� 1l'�, this day of
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SEAS
IMP Public, Indiana i7 "X l'��" 1 -a -,e.
Hamilton County NOTARY PUBLIC .r:
My Co is on Expires. Comm�loalon Cup 09/02/2006 .Y� :_c'
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0' c i d 6 Printed Name
My County of Residence: l9LQ'N
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appear JA'MES:..';`,'
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me kn o w ntto i i 464e'' u
A i 5L 9D�fP 1?
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. `LORDI A �Y;. 1
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoini. "Cons n,,t'•To�.;�,
Encroach" on behalf of the City of Carmel, Indiana. t
Witness my hand and Notarial Seal this day of `.eet1Y1be 200`
NOTARY PUBLIC
My Commission Expires:
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Aim/ 07 Printed ame
My County of Residence rn
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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SETTLER'S RIDGE AT HAVERSTICK
SECTION ONE
1, the undersigned Registered Land Surveyor hereby certify that the included plat
correctly represents a subdivision of the Southeast Quartet of Section 22, Township
18 North, Range 4 East, in Clay Township, Hamilton County, Indiana, being more
particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 00
degrees 26 minutes 09 seconds East (assumed bearing) along the East line of the
aforesaid Quarter Section 784.63 feet to the POINT OF BEGINNING of this description;
thence continuing South 00 degrees 26 minutes 09 seconds East along the aforesaid
East line 534.87 feet; thence North 89 degrees 28 minutes 16 seconds East 337.40
feet; thence South 00 degrees 31 minutes 32 seconds East 312.60 feet; the
following four (4) courses being on and along the Northwesterly Boundory of Lost
Oaks at Haverstick, Section Two, a subdivision in Hamilton County, Indiana, the
secondary plat of which is recorded as Instrument Number 9809858097 in Plat
Cabinet No. 2 on Slide No. 170 in the Office of the Recorder of Hamilton County,
Indiana; (1) to a point on a curve concave southerly, the radius point of said curve
being South 05 degrees 42 minutes 48 seconds East 570.00 feet from said point;
thence westerly along said curve 283.99 feet to the point of tangency of said curve,
said point being North 34 degrees 15 minutes 37 seconds West 570.00 feet from
the radius point of said curve; (2) South 55 degrees 44 minutes 23 seconds West
283.52 feet; (3) to the point of curvature of a curve concave northerly, the radius
point of said curve being North 34 degrees 15 minutes 37 seconds West 380.00 feet
from said point; thence westerly along said curve 215.86 feet to the point of
tangency of said curve, said point being South 01 degrees 42 minutes 49 seconds
East 380.00 feet from the radius point of said curve; (4) South 88 degrees 17
minutes 11 seconds West 170.30 feet; thence North- 33 degrees 17 minutes 37
seconds East 208.97 feet; thence North 00 degrees 25 minutes 18 seconds West
311.96 feet; thence North 23 degrees 15 minutes 09 seconds East 52.43 feet;
thence North 05 degrees 07 minutes 39 seconds East 95.67 feet; thence North 69
degrees 09 minutes 22 seconds West 89.70 feet; thence South 24 degrees 01
minutes 19 seconds West 13.55 feet; thence North 68 degrees 32 minutes 45
seconds West 204.02 feet; thence North 74 degrees 27 minutes 58 seconds West
20.00 feet; thence North 20 degrees 50 minutes 38 seconds Eost 203.21 feet;
thence South 69 degrees 09 minutes 22 seconds East 36.85 feet; thence North 20
degrees 50 minutes 38 seconds East 133.39 feet; thence North 39 degrees 37
minutes 26 seconds East 188.43 feet; thence South 89 degrees 15 minutes 16
seconds East 409.42 feet to the place of beginning. Containing 15.489 acres, more
or less, subject to all legal highways, rights —of —ways, easements, and restrictions of
record.
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