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Home My WebLink About13820 Smokey Ridge - Deriault, Arthur/Annand )cb mss sord. Ostureddpickettlforms`eonsrnts to cncroachlbcriault Etc (fetter) doc:9 /4/081 2008060162 ENCROACHME $24.00 12/10/2008 02:10:34P 7 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Arthur G. Beriault and Ann J. Beriault„ 13820 Smokey Ridge Drive, 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 104 "Lot in the Smokey Ridge 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 1, Slide Number 231 as Instrument Number 9218830 in the Office of the Hamilton County Recorder on May 19, 1992, as Smokey Ridge, Section Five; and WHEREAS, the current Owner wishes to construct a fence on the Lot (the "Site Improvement 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 1 Icb: rnsword: OsharcapicidOformstew` mntstocncrauhUxrisuhne (fi+rc).doc: /SN 2 WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a Drainage and Utility Easement (the "Easement identified as "10' D.U.E." on Exhibit B; and 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 Exhibit B; 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 Improvement 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 all of the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the site improvement in good condition and repair. 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 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, the Lot, 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, and/or for any failure of proper disclosure pursuant to Paragraph 11 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to 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. cb. mtnord :sAshatodtlpickctt \Comukontrnrs to cncroads\baiauh ctc (rrncc).doc:9 /4/08( 3 STATE OF INDIANA SS: COUNTY OF M,), f Before me, a Notary Public in and for said County and State, personally appeared ARTHUR G. BERIAULT and ANN J. BERIAULT, 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 1 day of Sc be-r 20/A My Commission Expires: STATE OF INDIANA SS: COUNTY OF HAMILTON Printed Name 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 byi me1known to be the Members of the City of Carmel Board of Public Works and Safety, and DIANA�'L:: C RDRAY Clerk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of,thetregoin 6,65ent, To Encroach" on behalf of the City of Carmel, Indiana. /I i f S 1 Witness my hand and Notarial Seal th •L day of ��f ?b2 c2:: 20 D1 A A NOTARY PUBLIC My Commission Expires: 0.41C1 000\)\ ,1' 0 1.2 /0 r Printed Name ti99191 s'• Icb:ms nrds.tsharadllpidpt fon skon scmu to cncroachlberiaall ctc (f `).doc.9 /4l08] My County of Residence: I affirm, under the penalties for perjury, that I e taken reasonable care to redact each Social Security Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 5 ounty of Residence: JONN J. tfHNER JR. HAMILTON COUNTY NOTARY PUBLIC STATE OF INDIANA 0,4v nkAMIgSlf)N EXPIRES MAY 11, 2015 "OWNER" 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. 11. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Lot on and after the effective date of this Agreement. ARTHUR G. BEIAU Signature Date: ANN J. BERIAULT cb: msnmd :s:tdurcdVpickatkfornnkonscots to cncroachlbcriault ctc (fcncc).doc:9 /4/08) "CITY" 4 CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer Date: Mary An Date: Lori Wa Date: ember. (c yC i ddieq. JobnSOI 9 Deputy Cierk fur LEGAL DESCRIPTION Part of the East Half of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #104 in the Smokey Ridge Section 5 subdivision. Recorded in the Office of the Hamilton County Recorder on May 19, 1992, in Plat Cabinet 1, Slide 231 as Instrument #9218830. EXHIBIT "A" 6.XN1BiT B