3143 Hazel Foster - Swiezy, Michael/Naomi j
200400066434
Filed for Record in
rp\® HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
0 9 23 2004 At 01:16 pm. ENCROACHMNT2.2.00
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Michael J. Swiezy and Naomi B. Swiezy, husband and wife, 3143 Hazel Foster Court, 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 195 "Lot with a common address of 3143
Hazel Foster Court, Carmel, Hamilton County, Indiana 46033, in the Foster Estates 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 Book 16, Pages 37 -38 as
Instrument #8818501 in the Office of the Hamilton County Recorder on August 31, 1988, as Foster
Estates, Section 2; and
WHEREAS, the Owner wishes to construct a concrete driveway (the "Driveway"), referred to
hereinafter as the "Site Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a
Utility Easement and Sewer Easement "Easement identified as "10' U.E. S.E." on Exhibit B; and
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WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment
upon the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; 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 location of the Site Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of 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 Encroachment for only so long as
(i) the Encroachment exists; 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 Site Improvement from what is depicted on Exhibit B.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
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 the Easement, or for any other lawful
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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 Site
Improvement 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 or damage to any property or improvements, located on the
Lot, or otherwise, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in 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 the Easement and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Site
Improvement.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within ten (10) business days of 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 expense.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties 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.
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10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
p
l g!
Michael J. Swiezy J es Brainard res ing Officer
SSN: 3/4 ?O ¢S ate: f/U
S
Date: 7 O
Mary Ann Burke, Member
Date:
4
Naomi Lori W tson, M- .er
SSN: b /Y (Q2 Lila Date: "14 /0k
Date: "V/ /o'
ATTEST:
Sandra M J
WM,
iana Cordray, IA rk- reasurer
Date: (//d
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL J.
SWIEZY and NAOMI B. SWIEZY, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his or her voluntary act and deed.
ti-
Witness my hand and Notarial Seal this day of �vl/ 20
�,,X,A./
N AR PUBLIC
My Commission Expires:
✓1/ 4 I— .Sfo
SA-
o? 4., e)-G• Printed Flame
./.1.
My County of Residence: #4 P';' >e
STATE OF INDIANA t" z:; 6
SS: r
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, •V- and LORI WATSON, by me known, aril b me wn .to ,e- the
Members of the City of Carmel Board of Public Works and Safety, and DANA L. CO M;, lerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana. 1;,: ••,•J,Y
Witness my hand and Notarial Seal this day of (A SI—
e y
^j4 .fi 5:
AIL .1�`I. ,t'/,,1 NOTARY PUBLIC
My Commission Expires:
0.44nn �wi S
1/4 /o s- Printed Name
My County of Residence: /'J� I
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
eh: nsword¢ :\sharedUpickett\forrrs\consents to encroach\swiezy consent (driveway).doc:7 /9/04) 5
Certificate of Survey
I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE WITHIN PLAT IS A REPRESENTATION OF THE
LANDS SUBDIVIDED AND PLATTED UNDER MY DIRECT SUPERVISION AND CONTROL
AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF:
Part of the Northeast Quarter of Section 19, Township 18 North, Range 4 East of the Second Princi;_:
Meridian in Hamilton County, Indiana being described as follows:
Commencing at the Northeast Corner of said Northeast Quarter; thence South 00 degrees 00 minutes C:
seconds East (Assumed Bearing), along the East line of said Northeast Quarter Section, 1182.00 feet to
Beginning Point; thence continue South 00 degrees 00 minutes 00 seconds East, along the said East line 917.5:
feet to the North right -of -way line of the former Indianapolis Northern Traction Company; thence South
degrees 25 minutes 56 seconds West along the said north right- of -way line 232.38 feet; thence North
degrees 34 minutes 04 seconds West 135.85 feet to a curve having a radius of 265.00 feet, the radius point c:
which bears North 35 degrees 37 minutes 48 scconds West; thence Southwesterly along the said curve 55.7;
feet to a point which bears South 23 degrees 34 minutes 04 scconds East from said radius point; thence
66 degrees 25 minutes 56 seconds West 34.88 feet; thence North 17 degrees 59 minutes 21 seconds West 50.
feet; thence North 23 dcgrces 34 minutes 04 seconds West 130.00 feet; thcncc South 66 degrees 25 minutes
seconds West 405.00 feet; thence North 22 degrees 01 minutes 29 seconds West 93.29 feet; thence South
degrees 00 minutes 00 seconds \Vest 170.00 feet; thence North 00 degrees 00 minutes 00 seconds West; parali_:
with the cast line of said Northeast Quarter, 22.00 feet; thence South 90 degrees 00 minutes 00 seconds 1Vc_:
166.33 feet; thence North 17 degrees 34 minutes 25 scconds 1*st 112.04 feet thcncc North 3S degrees 0.i
minutes 13 scconds East 118.47 feet; thcncc North 00 degrees 00 minutes 00 seconds West, parallel with
said cast line, 418.00; thence North 14 degrees 16 minutes 13 scconds West 51.59 feet; thence North 00 degree;
00 minutcs 00 seconds West, parallel with the said cast line, 137.00 feet; thence North 90 degrees 00 minute:
00 seconds East 365.00 feet; thence North 00 degrees 00 minutes 00 seconds West, parallel with the said eas:
line,_ 50.00 fcct; thcncc North 18 degrccs 44 minutes 32 scconds East 51.29 fcct; thence North 90 degrees
minutes 00 scconds East 143.01 feet; thence North 00 degrees 00 minutes 00 seconds West, parallel with the
said cast line, 57.16 feet; thence North 90 degrees 00 minutes 00 seconds East 50.00 feet; thence South 85
degrees 44 minutes 42 seconds East 152.77 feet; thence South 53 degrees 33 minutes =03 seconds East 100:0:
feet; thcncc South 63 degrees 48 minutes 47 scconds East 101.31 feet; thence South 73 degrees 46 minutes 3
;econds East 112.41 feet; thence North 90 degrees 00 minutes 00 seconds East 125.00 feet to the Beginnin_
Point, containing 23.904 acres, more or less.
EXHIBIT A
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yet e.�'JP.A.ss�i!- ir Court West
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Scale: 1" 30'
g ROLLING KNOLL
at HOOSIER WOODS
co FOSTER ESTATES
SECTION TWO
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11.ze.
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135
t'r., 0.597 Acres
3143 Hazel Foster Court West
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65 0� For Building
Permit Only
660,5 56
S
EXHIBIT B