12750 Plum Creek Blvd - Morrissey, Larry/Phyllis - Liz
0 /���j APPROVED, AS TO
? V;J CONSENT TO ENCROACH FORM SY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between
Larry E. and Phyllis G. Morrissey, husband and wife, 12750 Plum Creek Boulevard, 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 174 ("Lot") in the Plum Creek Farms
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 as Instrument #200000041964 in Plat
Cabinet 2, Slide 471 in the Office of the Hamilton County Recorder on August 22, 2000, as Plum Creek
Farms, Section 5; and
WHEREAS, Owner has constructed retaining walls and mounds (the "Walls") on the Lot; and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Walls on
the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and
WHEREAS, the Walls are constructed on a portion of the Lot designated as a Drainage, Utility and
Sewer Easement (`Easement"), identified as "10' D.U. & S.E. " on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Walls encroach (the "Encroachment") upon the
Easement, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Walls as indicated by the Owner on Exhibit A should not materially
interfere with the City's use of the Easement.
2012022606 ENCROACHME $22.00
04/26/2012 10:05:26A 5 PGS
Mary L. Clark
[m:na.ore.zhareItIP s,a,inryucnatdrc:4/19/021 1'- HAMILTON County Recorder IN
Recorded as Presented
1111111111111111111111111011111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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 Walls from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Walls 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 Wall.
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 Walls.
[eh'.m%ord:Z:WuWMiiIIVc,m thin+eeyc sed.Jtc:4/19/0x] 2
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
PUBLIC WORKS AND SAFETY
/
t �/
/4C ' 4.11A,- f / n ,t tein Phyllis Morrissey p J Brainard, Presiding fficer
SSN: ' S=SO-SeOS Date: b - / 02'
/j
Date: 4/2 /OZ � i J22^- ( r LK hi//_
Mary Ann urke, Member �
Date: S-1 - d a
7 , , ...- Zs-
‹.
Larry E. Mo ssey Member • • ,
SSN: X32 -c1 g- S'891 V -Date: "r; i r.,, •
Date: 4/7zG 7o -2... ; .0,•:1 '-n, • f/ •,•
r .t r 1"Wort s o ® `..
faP „ c re�ury,that _
to e n So al Socusfy / f: :
u r!..m: o .sdbybw, 't - / ftS /(%![ i ,s__0.
.I �n ^ Diana Cordray, • Clerk'f akkurer, 0
�k• /UJI' Date: 5-[�'?
Name L; },\;
[m:msword ed., t,il rom.,, Tis,eycc.+w.mc:4II9/O2) 3
STATE OF INDIANA )
) SS:
COUNTY OF gam i Me )
Before me, a Notary Public in and for said County and State, personally appeared LARRY E. AND
PHYLLIS G. MORRISSEY, 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 this o6 day of (21
NOTARY PUBLIC
My Commission Expires:
)4a ennie S, , ny
0 v7 aDg Printed Name ///
My County of Residence: /L Iryr ? /4-o/ .2
o
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD and MARY ANN BURKE, by me knigyfgranatiote�l�vo�✓F do be the Members of the City
of Carmel Board of Public Works and Safety, aneDIANA L. CORDRAY, 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.
+ 200L
Witness my hand and Notarial Seal this JS day of , .
NOTARY PUBLIC
My Commission Expires:
Attht) 04- ✓/.S
1//i/07 Printed Name
My County of Residence: Nog '-fOti
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
Return Original To:
Carrie A. Gallagher
Clerk-Treasurer's Office
CITY OF CARMEL
[eblnewordt\a�naainr Mu6eeycunsat&c:d/19ro3] 4 One Civic Square
Cannel, IN 46032
• IC = 751.40 ,
4 I '_-01 59 . 68 PER PLAN-,-
. J
` 01 P 1" SE .' I. 1—Maintain Minimum of 4' 0'
Maintain Minimum of 4'0' ?: iik • . ._-. vo,
e! k' 1' • Maintain Minimum of 1' 0'
Maintain Minimum of 1'0°
Block Retaining Walls
35.6' With Mounds '
1) Approx. 11-12'wide Ul U
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11.7 ,, 24.0' 154.5Y
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54.0 ` ° 1 63.4
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WALK -
HL\
FIRE m ! 26,0' G, 1 / 25' DU & SE
HYDRANT ,5,=' DRIVE 1
[53.51 . ..96 , 2:\ 152,91
•
10.0' 4'WAL
PER PLAN — V _ I _�—�1
APRON v ': V • •.
ROLL CU1.19— - ~ ----.._— -—— -- - ---_—S.S.D• r
WATER LINE TC = 752,56
•
_ __ PLUM CREE < BOULEVARD PER PLAN
50' R/w
PLOT PLAN LOT // 174 •
PI UM CREEK FARMS
SECTION 5
12750 PLUM CREEK BOULEVARD
/sr,N sc■tieR�
1'f_
Tc = 7,i,
TO 7:14-.10 PER PLAN
PER PLAN
EXHIBIT "A"
ENCROACHMENT