3476 Briar Pl - Smith, John/Dorothy 2t )f )3001 26
o Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
12-23 -2003 At 11:2[) am.
ENCROACHMNT 24.00
CONSENT TO ENCROACH
APPROVED AS TO FORM Slio
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
John R. Smith and Dorothy N. Smith, husband and wife, 3476 Briar Place, 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 76 "Lot with a common address of 3476
Briar Place, Carmel, Hamilton County, Indiana 46033, in the Briar Creek 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 5, Pages 14 -15 as
Instrument #8569 in the Office of the Hamilton County Recorder on October 16, 1973 as Briar Creek,
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
WHEREAS, the System will be constructed on a portion of the Lot designated as a Drainage
Utility Easement (the "Easement identified as "7.5' D. &U.E." on Exhibit B;
WHEREAS, the Easement is beneficial to the City and its residents; and
eb :rsword:z: forms \s tithconsentdoc. 11 /7/031 1
WHEREAS, as indicated on the Sketch, the System 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 installation of the System as proposed 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 System and /or the Encroachment 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 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 Encroachment 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 any or all of 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
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
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.
14. The parties hereto agree that the terms of this Agreement shall be binding upon and inure
to 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
PUBL C WORKS AND SAFETY'
t
A.
cis
Jo o Smith L I 4mes Bramar pre.idjeig Officer
SSN: C 2-W o Date:
Date:
11 /0 3 ,C107- e r t
Mary Anri Burke, Member
Date: r,
iL
Dorothy N't 5) /y Watson, Lori Me Kb •r
SSN: Date:
Date:
ATTEST:
!1( C9ea•1 he
Diana Cordray IAMC, Clerk- Treasurer
Date: /f f
p
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
[eb:mswordz. shared \dhill \forms\smithconsent.doc: 11 /7/03] 5
STATE OF INDIANA
SS:
COUNTY OF HA/ n; 1/4)
Before me, a Notary Public in and for said County and State, personally appeared JOHN R. SMITH
and DOROTHY N. SMITH, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his voluntary act and deed.
Witness my hand and Notarial Seal this /0 day of Alp 20 0 3
CaJ
NO ARY PUBLIC
My Commission Expires:
"a rP y' JU K S Printed Name
County
Si My Commission Hamilton Expi
November 21, 2009 My County of Residence: NAM
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 known, and g _�kr own .to be_the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. C6RDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
(�-i
Witness my hand and Notarial Seal this _I day of kjefy\b-e-r 2 062).
NOTARY PUBLIC
My Commission Expires: Onn
Printed Name
My County of Residence: •-11 ((r 1 1 d
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb:nswordm\ shared dhill forms \smithconsent.doc1117 /031 6
BRIAR CREEK, SECTION 1
C E R T I F I C A T E O F. S U. R V E Y
I, the undersigned, hereby certify, that the within plat. represents a part of the Vest Half
of the Northwest Quarter of Section 8, Township 17 North, Range 4 East' in Hamilton County,
Indiana, being more particularly described as follows::
Beginning at an iron pipe marking the Northwest corner of the said Half Quarter.Section,
said point also being the Northeast corner of "Glenwood Subdivision•''., the plat of. which is
recorded in Plat Book 3, page 45 in the Office of the Recorder of Hamilton County, Indiana;
thence South 00 degrees 17 minutes 22 seconds !lest (Assumed Bearing; along the East line of
"Glenwood S u b d i v i s i o n as now monumented and the centerline of LaSalle Road and the extension
of said East line and centerline 1503.40 feet; thence North 85 degy;es 00 minutes 00 seconds
East 239.14 feet; thence North 79 degrees 18 minutes 03 seconds Eas 256.91 feet; thence
North 24 degrees 24 minutes 08 seconds East 39.97 feet; thence South 87 degrees 58 minutes
24 seconds East 424.59 feet; thence South 55 degrees 00 minutes 00 :.econds East 206.99 feet;
thence South 21 degrees 00 minutes CO seconds East 119.99 feet; thence North 66 degrees CO
minutes 20 seconds East 211.62 feet; thence North 00 degrees 32 min)tes 20 seconds East
1545.31 feet to a railroad spike in the surface of East 106th Stree•: marking the Northeast
corner of said half Quarter Section, said railroad spike being in t)e centerline of East
10Gth street; thence North 89 degrees 27 minutes 00 seconds. West al2rig the North l i n e of
said Half Quarter Section and said centerline a distance of 1344.39 to the POINT OF
BEGINNING, containing 45.189 acres. more or less.
This subdivision consists of 83 lots numbered from 1 through'83, bo_h inclusive, together
with streets, easements, and public ways as shown on .the within
The size of lots and width of streets and easements are shown i n f i'lures denoting feet
and decimal parts thereof.
WITNESS AY SIGNATURE this i ,:a4 -i 1973.
JOH ;l. SCH 'EIDER
'Reg \and Surveyor Indiana }S01 15
EXHIBIT "A"
A
FRANK M. HAHN and ASSOCIATES
CIVIL ENGINEERS LAND SURVEYORS
1917 E. 110th STREET, INDIANAPOLIS, INDIANA 46280
TELEPHONE: 846-4501 -7---
Note: Distances from
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lines are approximate
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i= ENCROACHMENT
prepared for :.1Ok PURPOSES ONLY and is not represented to be a property
e r t y eprners were not marked. Do iIol.ti,se for est4blishing.fence,or property lines
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