1586 Quail Glen Ct - Uhrin, Donald 1(1 00°8/ APPROVED, AS TO
CONSENT TO ENCROACH O
Instr i
200300038224
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Donald J. Uhrin, 861 -D Golf View Drive, Carmel, Hamilton County, Indiana 46032 (individually,
"Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works
and Safety "City F 0300,0 8224
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
04 22 -2003 At 02 :01 pm.
WITNESSETH: ENCROACHMNT 17.00
WHEREAS, Owner owns in fee simple Lot Number 50 "Lot with a common address of 1586
Quail Glen Court, Carmel, Hamilton County, Indiana 46032, in the Fairgreen Trace Subdivision which is
located within the corporate limits of the City of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 2, Slide 675 in the
Office of the Hamilton County Recorder on October 19, 2001, as Fairgreen Trace, Phase 2; and
WHEREAS, Owner wishes to construct a concrete patio (the "Patio on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Patio on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit
A; and
WHEREAS, the Patio is constructed on a portion of the Lot designated as a Utility and Drainage,
Easement "Easement identified as "15' U. D.E. on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Patio 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
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WHEREAS, the location of the Patio as indicated by the Owner on Exhibit A 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 Patio from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Patio 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 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 Patio 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.
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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 Patio.
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.
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
at 14 PUB IC WORKS AND SAFVY
Donald J. Uh ames Brainard, Presidin Officer
SSN: Date:
Date: d o
Mary An ur Member
Date: i
Lori Watso e T
RETURN TO: Date:
Sandra M. Johnson
City of Carmel
rmel
1 Civic Square ATTE T: y t.
Carmel Indiana 46032 Fa
ao fi
na Cordra�y IAM tierk- Tresurex
Date: /1
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The Schneider Corporation 8ngineering I'
i. :I Historic F crt Harriaen Surreying r
8601 Otis Avernus Iaadacaplx>g Architecture
1 Indianapolis, IN 48218 -1037 GIS LIS T
517-825-7100 Geology TRI� ITY
fix i 317 -828 -7110 8AX
NOTE: LOT 50 s i i N`
1 Ati 1
145 DRAWING IS RASED CN CONSTRUCTION PAS CR RECORD 7,584 SI 0 Q
DRAY4Ncs AND 15 NOT BASED UPON A FIELD SURVEY. THE
SCHNE,CEA CORP. 00E5 NOT WARRANT 111E ACCURACY CR
SUFFICIENCY OF NS INFORMATION. THE CONTRACTOR SHOULD
VERIFY D'IsI1Na CCNCITICNS PRIOR TO ANY CONS'TRUCTICN, ANY
DISCREPANCY FDUND UPON THIS DRAWNC SHOULD SE REPORTED
TO W RESULT I IN 'ME CONTRACTORS ASSUMPTION ASSUMPTION OF UAALJ1Y.
Q
APPROXIMATE LOCATION
CONFIRM BEFORE
CONSTRUCTION B• SAN. LAT,
AND WATER SERVICE LINE.
9_DQt 'S'
COU001 ARE Mel PROPOSED GRADE SCALE 1 N
25'
83,81
tel SgUAPE FOOTAGE:
I6 u k to kE 13 CONC. DRIVEWAY 575 t SF
4.M.
PUBLIC WALK 135 t SF
PRIVATE WALK 40 t SF
ME VAi IeCAAat 1 SOD 490 t S0. 'MS.
ILE r x a te i SOD FULL YARD
M
C 1
1 NOTE:
Dawn' a IN THE RE9oEN11AL DISTRICTS LIMITING
b �n r ksr 5.0' Hf1GNT TO THENTY-FlvE (25) FEET. A
CD. �li015 1, DWELLING WAY BE 1NCRFASf) IN HEIGHT
To TKRTY FlVE (35) FEET PROVIDED
.1 c�a o THE SIDE AND REAR YARDS ARE
INCREASED AN ADDITIONAL FOOT FOR
EACH FOOT SUCH STRUCTURE EXCEEDS
TWENTY FIVE (25) FEET N HEIGHT.
r r c s m� PER CARMEL ZONING ORDINANCE 28.1.1.
Pow
KM I� `�l:1:1; 5.0'
F LC00 HALIRD ENT
r 16'* 2 ,_p I CERTIFIOATIOSTATEMN
Is U k CI 4 50 u y000u t law/0
rsr
arrwri �\5 CMG
M Y±Z ,a 0TE t
10.0, sew er y N0, tt' �0
Po P11N 11A 1i ul( lire. SILT /la 1
QUAIL GLEN COURT
VI 50303 1
50' R7W
�DOI 1 *.•�O�
MYER AREA /p A1pi s U 1�� u iDE
TC L
PQi PLAN A
1 L
e
NOTE: GARAGE F.F.E. IS TC &3U0
PROPIISED TO 9E 4.1' ARCM r PEA PLAN
CURS AT DRIVEWAY PER PLAN
EV TRINITY HOMES
PREPARED FOR TRINITY HOMES PLOT PLAN
50 11 14 2002 EAS
PLOT PLAN LOT
HOUSE LAYOUT 5
FAIRGREEN TRACE
04 10 -08 2002 EAS
PHASE 2 p r A HOUSE LAYOUT 4
INSTR. 2001000E7204 TYPICAL SWALE SECTION, 08 -29 -2002 EAS
P. C. 2 SLIDE 675 HOUSE LAYOUT 3
1586 QUAIL GLEN COURT ROTATED HOUSE 06 -14 -2002 EAC
11 -25 -2002 EAS HOUSE LAYOUT 2
FLOOD HAZARD STATEMENT REVISED BAY 05 -03 -2002 EAC
The accuracy of any flood hazard data 'shown on Ihle plot pion 12 -02 -2002 EAS HOUSE LAYOUT
le subject to map scale uncertainty and to any other uncertainty J0E 02-0400-14
In IocoUop or eloYatlan m the referenced flood Insurance rata mop.
ALL of the within described land DOES NOT LIE wIthln that &pedal flood 01 -29— 202 EAC
hazard son. A as wad land plots by scale an community —pond 180081 00080
at the flood hsuranca rata map+ for CARMEL. IN. (maps date �MAY 18, 1951).
EXHIBIT "A"
/J EASEMENT ENCROACHMENT
STATE OF INDIANA
SS:
COUNTY OF 7AA9r' I .tnN
J
Before me, a Notary Public in and for said County and State, personally appeared DONALD J.
UHRIN, 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 2S//, day of /7)/44c h 2003.
4 "I(')//14986
NOTARY PUBLIC
My Commission Expires:
1-1, h. Keoi
051A Printed Name
My County of Residence: IJ,441 i /4.o..1• i
STATE OF INDIANA 4
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 aand,» nie Q o the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L CO Cle
T of THE CITY OF CARMEL, who acknowledged the execution of the foregoing. "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this I day of I I 20 0 ,S...'....:::;:',.
3 i:.h
pi„.,/ G,u -cam
NOTARY PUBLIC F
My Commission Expires: n
L 4A/4) al ✓�s
y// q/a k Printed Name
My County of Residence: Holf»/.4770 A)
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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