12500 Autumn Gate - Wozniak, Louis/Karen 200400052583
Filed for Record in
HAMILTON COUNTY INDIANA
�J JENNIFER J HAYDEN
ENCRO ACHM4 At 02:18 00
ENCROACHMNT 21.40
CONSENT TO ENCROACH FORM ST
APPROVED AS TO THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Louis J. Wozniak and Karen A. Wozniak, husband and wife, 12500 Autumn Gate Way, 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 44 "Lot with a common address of 12500
Autumn Gate Way, Carmel, Hamilton County, Indiana 46033, in the Lakes at Hazel Dell 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 2, Slide Number 702
as Instrument #200100077882 in the Office of the Hamilton County Recorder on November 29, 2001, as
The Lakes at Hazel Dell, Section 11; and
WHEREAS, the Owner has constructed a timber retaining wall (the "Wall on the lot, and is
discharging two subsurface drains (the "Drains into the easement (individually and collectively referred
to hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvements 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 Site Improvements are constructed on a portion of the Lot designated as a
Drainage Utility and Sewer Easement "Easement identified as "10' DU SE" on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements 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 Improvements from what is depicted on Exhibit B.
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4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
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 Site
Improvements 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
Improvements.
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
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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
PURL, WO' AND SAFETY
4941)2 Wa
Louis J. Wozniak ames Brainard, Presidin: •fficzr
SSN: 11, t tt4 CAT`1 ATrw24■3 /Date: j
Date: TV/tit 23 oil-
Ark
Ma Ann urke, Member
Date: "7 iyy
we
Karen A. Wozniak Lori Watson, Mem
SSN: OrarrLE uJ klA CTMATroa_ Date: 1 i70 Lt
Date: JOVe 23 0L
ATTEST:
0,1 Jo.; Tula ifIndaa
\j/t/S �OS irAT eapu¢S
liana Cordra I M Clerk- Treasurer
Date: ')/1
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STATE OF INDIANA
SS: �e'
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared LOUIS J.
WOZNIAK and KAREN A. WOZNIAK, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal thisoZ3 day of 20_
NO ARY T LIC
My Commission Expires:
2 1 .a 0 1/ Printed Name
)■Ze/r24.; My County of Residence:
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 know an C know to b he
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. IRAAY, Cirk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of ,the:;'foregoing "Consent To
Encroach" on behalf of the City of Carmel Indiana.
1y I T
a of f
Witness my hand and Notarial Seal this d
NOT PUBLIC •5.:,;,' ,F 3. i x°
My Commission Expires:
e
J U L 1. 7 Printed Name
My County of Residence: ■r` r it#L
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 East Half of the Northeast Quarter of Section 33, township 18 Nor th, Range 4 Eust of the Second
Principal Meridian Hamilton County, Indiana, being more particularly described as follows:
Commencing at the northeast corner of said Half—Quarter; ter; thence Nor lh 89 degrees 44 minutes 17 seconds West
(basis of bearings is from the record plat of Lynnwood, Section 2, Instrument Number 9559878, as recorded in
the Office of the 1lamilton County Recorder) along the north line thereof a distance of 1329.07 feel to the
northwest corner of said Half—Quarter; thence South 00 degrees 2.3 minutes 73 seconds West along the west line
of said half— Quarter a distance of 94.99 feet to the Point of Beginning and the southwesterly corner of the
Lakes At Hazel Dell Section 1, the Secondary Plul of which is recorded as Instrument number 199909944846, I9ut
Cabinet 2, Slide 295 (the next fourteen courses are along the boundary lhcrcof) (1) thence South 89 degrees 44
minutes 10 seconds East a distance of 165.96 feel to a non tangent curve to the right, having a radius of
50.00 feet, the radius point of which bears South 78 degrees 09 minutes 17 seconds East; (2) thence
northeasterly along said curve an arc distance of 68.43 feel to o point which bears North 00 degrees 15 minutes
43 seconds Cast from said radius point; (3) thence South 89 degrees 44 minutes 17 seconds East a distance of
149.62 feet to the point of curvature of a curve to the right having a radius of 175.00 feel, the radius point of
which bears South 00 degrees 15 minutes 43 seconds West; (4) thence southeasterly along said curve an arc
distance of 135.66 feet to a point which bears North 44 degrees 40 minutes 39 seconds East from said radius
point; (5) thence South 89 degrees 44 minutes 17 seconds East a distance of 182.80 feet; (6) thence South 00
degrees 23 minutes 23 seconds West a distance of 140.00 feet; (7) thence Nor Ur 139 degrees 44 minutes 17
seconds West a distance 130.00 feet; (8) thence Nor th 89 degrees 36 minutes 37 seconds Vest o distance of
50.00 feet; (9) thence South 00 degrees 23 minutes 23 seconds West a distance of 11.11 feet; (10) thence
North 89 degrees 44 minutes 17 seconds West a distance of 117.87 feel; (11) thence South 03 degrees 22
minutes 42 seconds East a distance of 103.21 fact; (12) thence North 89 degrees 44 minutes 17 seconds West a
distance of 19.03 feet; (13) thence South 00 degrees 15 minutes 43 seconds West a distance of 50.00 feel; (14)
thence South 00 degrees 23 minutes 23 seconds West a distance of 131.26 feel to the nor lheust corner of the
Lakes At Hazel Dell Section 12, the Secondary Plat of which is recorded as Instrument number 200000061137,
Plat Cabinet 2, Slide 522; (the following four courses are along the nor llr line thereof) (1) thence North 61
degrees 07 minutes 17 seconds West a distance of 188.08 feel to a non tangent curve to the left, having a
radius of 175.00 feel, the radius point of which bears South 61 degrees 07 minutes 17 seconds East; (2) lhcnce
southwesterly along said curve an arc distance of 29.99 feet to a point which bears North 70 degrees 56 minutes
21 seconds West from said radius point; (3) thence North 70 degrees 56 minutes 21 seconds West a distance of
140.09 feet; (4) thence North 89 degrees 36 minutes 37 seconds West a distance of 49.87 feet to the west line
of said half— Quarter; thence North 00 degrees 23 minutes 23 seconds East along said west line a distance of
343.40 feet to the Point of Beginning. Containing 4.505 acres, more or less.
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