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Home My WebLink About1837 Spruce - Albert/Tiffany Roemhild 2010010682 ENCROACHME $25 03/09/2010 08: 59:31A 8 PG.' Je J Ha HA C Recorder IN "%I.P R e cor ded as P resented CONSENT TO ENCROACH APPROVED ROVZO AS TO FCi'i THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by an. between Albert C. Roemhild and Tiffany S. Roemhild, 1837 Spruce Drive, Cannel, Hamilton County, Indiana 46033, (individually and collectively, "Owner and the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"), WITNES SETH: WHEREAS, Owner owns in fee simple Lot 146 "Lot in the Smokey Knoll 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 Book 14, Pages 144 -148 as Instrument Number 8746431 in the Office of the Hamilton County Recorder on November 4, 1987, as Smokey Knoll, Section 2; and WHEREAS, the current Owner wishes to install a fence on the Lot (the "Site Improvement and 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 ebansword :y:'sharedtlpickettconsents to encroach■roemhild cte (fence).doc:9 /21/09] 1 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. eb: msword :v:tsharedAIpickettAconsents to encroach \roemhild cte (fence).doc:9/ ?1/09] 2 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. eb: mshcord :y:\shareddpicken to encroach \roemhild cie (fence).doc:9 /21109] 3 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. 12. Owner agrees to maintain 6- inches of clearance from bottom of the fence slats (vertical boards, not including the posts) to ground surface within the encroachment. 13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. eb: msaord:y:khareddpickett\consents to eneroach \roemhild cle (fence).doc:9 /21/09] 4 "OWNER" "CITY" ALBERT C. ROEM 1/ CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Signature 9 /II /3r— Date: J rainard, Presiding Officer Date: TI ROEMHILD l if 4111110 0 Mary A►i Burke, Member Date: I Signature Date: Lori Wats Member Date: to/7/Dr ATTEST: 1� 9E ,I It ana Cordray, IA r Clerk- Treasurer Date: pD�j,U j deb: mscord :y!sharedlpickettconsenls to encroachtrcemhild ae ((aice).Aoc:9 /2 VU9) 5 STATE OF INDIANA SS: COUNTY OF Ion Before me, a Notary Public in and for said County and State, personally appeared ALBERT C. ROEMHILD and TIFFANY S. ROEMHILD, by nee 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 day of ',f 20(9. k)k 710t/L NOTARY PUBLIC My Commission Expires: LJ KA Scat LDx(ui ;fl Printed Name o My County of Residence: 42,;' STATE OF INDIANA SS: L� COUNTY OF HAMILTON Before me, a Notary Public in and for said County and Stat personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known� by mme know to b the Members of the City of Carmel Board of Public Works and Safety, and I iC �1 XV, rk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoin; �+G �d nsrnt Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of alb bF,,- 20 NOTARY PUBLIC My Commission Expires: a nn 2 7lflan• W /e //7 Printed Name My County of Residence: .k'1! l This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032. 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. k eb: msvord :v.`shared∎Ipicken\consents to encroachtroemhild cte (fence).doc:9 /2I/09] 6 LEGAL DESCRIPTION Part of the North Half of the Southeast Quarter of Section 20, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana Lot #146 in the Smokey Knoll section 2 subdivision. Recorded in the Office of the Hamilton County Recorder on November 4, 1987 in Plat Book 14, Pages 144 -148 as Instrument #8746431. EXHIBIT "A" Jun 29 09 01:42p Albert Roemhild 3175711133 p.2 BOUNDARY STAKE (RETRACEMENT) SURVEY SMOKEY KNOLL SECTION TWO Lot 11435 2, 0.333 Acres t 1837 Spruce Dr., Carmel, IN 46033 Polaris Cap 5/8' ReBar with Cop Stamped 'POLARIS LS 9600005" 2 4: 0' 30' 60' 90' on EN mom ■Emon ttfa mo on Nem= Scale: 1" 30' R P R o P o S F D FLThCAF 1 S Fir No27Ti OF THE Souii-f paofeari LIME OF 53 R- �c Drive 5---1-13T7 Quo Y Polaris Cap Set Polaris Cop Set 2.Y West of Drive 1,:. 32' Weal of Drive 80.8' South ofWofk Et 0.8' South ofWalk 35'D.BUE 35'8.5 -L Cone.. 'r� by 1221* g 8 af 13.01 arya g i n' rD 4 Two Story LOT N Brick Frame R P LOT 147 R ":26:01*. r Residence b 145 Lo. 21.8 a na' r /p #U.E. Polaris c0 X— X_ 2(_X. —X X X—'x Polaris Cap Set N 89'56'80" W 100.00' l/ LOT LOT LOT 169 170 171 Land Description Lot 146 in SMOKEY KNOLL SECTION TWO, an addition to Clay Township, Hamilton County, Indiana, the plat thereof recorded as instrument number 8746431, Plat Book 14, Pages 144 -147 in the Office of the Recorder of Hamilton County, Indiana. L-C-C� Prepared By: lOL fly t AN�7 51, I Qn000s�b E -"u•ANI4' 1 9801 Fall Creek Road, Suite 321 Indianapolis, Indiana 46256 F�NC,E I N Ei45EM EN T -7. page 1 of 2 017) 819 -4407 fax Or) 819 -1926 E 1 5 rr 13 1