11852 Tarrynot - Munson, Jennifer CP 200400033793
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 BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Jennifer Munson, 11852 Tarrynot Lane, Carmel, Hamilton County, Indiana 46033 (individually,
"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 70 ("Lot"), with a common address of 11852
Tarrynot Lane, Carmel, Hamilton County, Indiana 46033, in the Stonewick 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 364 as
Instrument #9349814 in the Office of the Hamilton County Recorder on October 13, 1993 as Stonewick at
Waterstone, Section 3; 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 Tarrynot Lane and as
"15' 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
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
M
Jen fe Munson James B ar PresiOfficer
SSN: 00.1 \.0 t 4-l`oa- Date:
Date: a 2,', 2 6 oy
Mary Ann Burke, Member
Date:
rY
Lori Watson, Me
Date: 5 O
ATTEST: Sa y
Johnso:t0.
1) A 'EL Clerk for
liana Cordra C, /erk-Treasurer
Date:
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
SS:
COUNTY OF 010,1 1M
Before me, a Notary Public in and for said County and State, personally appeared JENNIFER
MUNSON, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as her voluntary act and deed. I
Witness my hand and Notarial Seal this At ay of A f 200
P I l
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NOTARY PUBLIC
My Commission Expires: I
%NM MSC MATS CV INDIANA
Printed Name
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My County of Residence: 1 ER, F .o
STATE OF INDIANA 0 0 .'e:
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CO A. c4
COUNTY OF HAMILTON ...SI
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known aan nd d r b me own to be n kw
Members of the City of Carmel Board of Public Works and Safety, and D 1AN A L ID 2: C l erk J
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing `Consent To
Encroach" on behalf of the City of Carmel, Indiana. d
L r
Witness my hand and Notarial Seal this 5 Jf da of 0\ 2'0 �c
NOTARY PUBLIC "I F p
My Commission Expires:
IV/Vat Printed Name ;,5
My County of Residence: /7/4
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 Southwest Quarter of Section 33, Township 18 North, Range 4 East in Hamilton
County, Indiana, being more particularly described as follows:
Commencing at the Southeast Corner of said Southwest Quarter Section (said corner also
being the southeast corner of Stonewick Section I a subdivision in Hamilton County,
Indiana, the plat of which is recorded as instrument 9252063 in the Office of the
Recorder of Hamilton County, Indiana); thence North 00 degrees 26 minutes 39 seconds
West (assumed bearing) along the East line of said Southwest Quarter Section and the east
line of said Stonewick Section 1 a distance of 763.44 feet to the northeast corner of said
Stonewick Section 1 and the Beginning Point; thence continuing North 00 degrees 26
minutes 39 seconds East along the east line of said Quarter Section a distance of 1469.23
feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 17.56 feet; thence
North 12 degrees 00 minutes 00 seconds West a distance of 117.50 feet; thence North 90
degrees 00 minutes 00 seconds West a distance of 808.71 feet; thence South 00 degrees 00
minutes 00 seconds West a distance of 247.45 feet; thence South 12 degrees 00 minutes 00
seconds East a distance of 206.67 feet; thence North 78 degrees 00 minutes 00 seconds East
a distance of 19.37 feet; thence South 12 degrees 00 minutes 00 seconds East a distance of
112.78 feet; thence South 39 degrees 49 minutes 25 seconds West a distance of 98.86 feet;
thence South 20 degrees 00 minutes 00 seconds West a distance of 80.00 feet; thence South
12 degrees 36 minutes 59 seconds West a distance of 242.01 feet; thence South 31 degrees
00 minutes 00 seconds West a distance of 162.99 feet; thence South 20 degrees 00 minutes
00 seconds West a distance of 96.99 feet to the northernmost corner of Stonewick Section
1 the next eight (8) described courses being along the north line of said Stonewick Section
1); thence South 70 degrees 00 minutes 00 seconds East a distance of 234.86 feet; thence
South' 44. degrees 28 minutes 24 seconds East a distance of 99.96 feet; thence South 82
degrees 53 minutes 44 seconds East' a distance of 359.46 feet; thence South 43 degrees 00
minutes 00 seconds East o distance --Of 190.00'feet; "thence South 47 degrees 00 minutes 00
seconds West a distance of 29.42 _feet; :_thence =South :‘,43 ,degrees 00 minutes 00 seconds East
a distance of 111.07 feet; thence North :76 :degrees' 08 =minutes 13 seconds East a distance
of 109.65 feet; ,thence North 90 degrees :.00:minutes "i;00 seconds East a distance of 99.69 feet
to the Beginning Point, containing 28.465 acres, more ;or, _.less.
EXHIBIT "A"
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EXHIBIT "B"
RIGHT OF WAY ENCROACHMENT
EASEMENT ENCROACHMENT