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Home My WebLink About1604 Quail Glen Ct - Clifford, Timothy/MaryCONSENT TO ENCROACH and through its Board of Public Works and Safety "City eb. msword :yAsharedUpickett Ubrmstconsents to encroach'clifford cte (wall, patro).doc 10/8/081 WITNESSETH: 1 APPROVED x224,4 APF IOV:.0 AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Timothy J. Clifford and Mary Ellen Clifford, 1604 Quail Glen Court, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner and the City of Carmel, Hamilton County, Indiana, by 2008060160 ENCROACHME $26.00 12/10/2008 02:10:34P 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented WHEREAS, Owner owns in fee simple Lot 53 "Lot in the Fairgreen Trace 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 675 as Instrument Number 200100067204 in the Office of the Hamilton County Recorder on October 19, 2001, as Fairgreen Trace, Phase II; and WHEREAS, the current Owner wishes to construct a retaining wall and patio on the Lot (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 WHEREAS, the Site Improvements will be constructed on a portion of the Lot designated as a Sanitary Sewer Easement (the "Easement identified as "Permanent Sewer Easement Town of Carmel" 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 will encroach (the "Encroachments upon the Easement, which Encroachments are crosshatched on Exhibit B; and WHEREAS, Owner and City acknowledge the location of the Encroachments; 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 Encroachments for only so long as (i) the Encroachments exist; and [eb:msword:y \shared\1pickett\formskonsen is to encroach \clifford cte (wall patio).doc 10/8/08] (ii) Owner complies with all of the terms and provisions of this Agreement. 2 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvements 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 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, 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 Improvements. 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and eb: msword .y.)sharedUpmckeit \formskonsents to encroacbkhfford cte (wall, patio).doc:10 /8/08] 3 "OWNER" 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. 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. TIMOTHY J. CLIFFO ate: MARY ELLEN CLIFFORD Signature Date: /.6/2-/ 4r [eb:tasuord y::sharedliptckctt formskooseats to cocroachklif ord cto (wall, patio).doc 10/8/081 "CITY" 4 CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Lori Watson, ber Date: II1S/(.-R, eb: msword: y: shared \1pIckettlformskonsents to encroachkhfford cte (wall, patio).doc:10 /8/08] ATTES Sa it I d S Tana Cordray, MC, Cle Date: C 5/v 5 reasurer ra M. Johnso% eputy Clerk for STATE OF INDIANA COUNTY OF SS: Before me, a Notary Public in and for said County and State, personally appeared TIMOTHY +J. CLIFFORD and MARY ELLEN CLIFFORD, 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 d a of U G A Y 2 ~4 n My ConnigoiE NOTARY PUBLIC STATE OF INDIANA HAMILTON COUNTY ACV FAr LI AR 7 .7 (It 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 by me known be 'the Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAYnClerk- i� uK Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing �-C�nsprit.To Encroach" on behalf of the City of Carmel, Indiana. A• Witness my hand and Notarial Seal this 541-day of CJe nb My Commission Expires: 1//.4 [cb:msawd:y lchucddpicketOformsiroosc s to rncroach'oiifford ctc (wall, pauo).doc /8(08) NOTARY UB- IC tidy L Printed Na My County of Residence: H-Y1 I q 6 NOTARY PUBLIC C. an■ Printed Name y County of Residence: I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. his instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. LEGAL DESCRIPTION Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, in Clay Township, Hamilton County, Indiana Lot #53 in the Fairgreen Trace Phase 2 subdivision. Recorded in the Office of the Hamilton County Recorder on October 19, 2001 in Plat Cabinet 2, Slide 675 as Instrument 200100067204. EXHIBIT "A" PERMANENT SEWER EASEMENT TOWN OF CARMEL D.B. 235, PG. 152 PROPOSED BUILDING PAD TC 836.50 PER PLAN BLOCK 'B' COMMON AREA DE 6313 ROLL CURB S.S.D. PER PLAN QUAIL GLEN COURT 50 R/W BLOCK COMMON AREA U DE PREPARED FOR TRINITY HOMES PLOT PLAN LOT 53 FAIRGREEN TRACE PHASE 2 INSTR. 200100067204 P. C 2 SLIDE 675 1604 QUAIL GLEN COURT E`iHlRslt P> TC 831.30 PER PLAN UNDISTURBED TREE LINE TC 830.50 PER PLAN API C0I CO AM 00 NO IN HE' OW TO TH IN( EA TV PE NOTE: GARAGE F.F.E. IS PROPOSED TO BE 4.3' ABOVE CURB AT DRIVEWAY PER PLAN.