HomeMy WebLinkAbout14338 Dove Dr - Zelner,David/Michelle 2010010683 ENCROACHME $25.00
03/09/2010 08:59:31A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
0 CONSENT TO ENCROACH
APPROVED
APFROVZO AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
David M. Zelner and Michelle R. Zelner, 14338 Dove 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
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 170 ("Lot in the Avian Glen Section 7 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 453
as Instrument #9436279 in the Office of the Hamilton County Recorder on August 19, 1994, as Avian
Glen, Section 7; and
WHEREAS, the current Owner wishes to install landscaping on the Lot (the "Site
Improvements and
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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 hmprovements will be constructed on a portion of the Lot designated as a
Drainage and Utility Easement, identified as "20' D. U.E." and on a portion of the Lot designated as a
Drainage Easement, identified as "10' D.E." on Exhibit B. (collectively the "Easements"); and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachment upon the Easements, 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 Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easements.
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
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(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 Improvements from what is depicted on Exhibit B, and to
maintain the Site Improvements 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 Easements, 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 Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Site
hmprovements.
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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.
1 1. 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 install the Site Improvements at the existing grade, and agrees not place any
soil or other material that would raise the elevation of the existing ground surface within the
limits of the Easements.
13. The Owner agrees to maintain the Site Improvements such that storm water runoff from other
properties is not impeded; and take corrective measures to restore the intended flow of storm
water runoff from other properties, within a timeframe that is acceptable to the City, in the
event that the Site Improvements result in standing water or saturated soil on adjacent
properties.
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"OWNER" "CITY"
DAVID N 6 CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
Z:v/./illw PUBLIC WORKS AND SAFETY
Signature I
Date: VZS /bi .I es Brainard, Presiding Officer
Date:
MICHELLE R. ZELNER
7
LA lor.L.-■".-
L f /,,�ej ,e ary nn Burke, Member Si nature Date: /0/ 7 0,7
Date: 4 V
Lori Watson embe
Date: (0 7 /0/
ATTE T: //n /�J
1' ana Cordray, 1A C1er Treasurer
Date: id/7 O
I dvmraord■ .hared fricken comm. to encroach zeiner ea I Iandacapiiw■ doc 4 09] 5
Katrina Underwood
STATE OF IN D I ANA Notary Public Seal State of Indiana
inn SS: Marion County
COUNTY OF 1 Y trl My Commission Expires 0610412017
Before me, a Notary Public in and for said County and State, personally appeared DAVID M.
ZELNER and MICHELLE R. ZELNER, 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 day of toer, 20 A
o Aff EartERI/% th
NOT Y PUBLIC
My Commission Expires: a in �y f a t l vwoO
c Printed Name
My County of Residence: I/14 0— 1
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 to be the
Members of the City of Cannel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing.t'Con'sent
Encroach" on behalf of the City of Carmel, Indiana. Y J
Witness my hand and Notarial Seal this day of C')cfvter 2001
&,4 GLU-c 7 14 t3 1 r
NOTARY PUBLIC
My Commission Expires:
b" CS Qn
A//e fi Printed Name
My County of Residence: I
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.
,.h•nuteordy shared Ip d tt consents to cocrweh uina nc ilandsuplv do: V.4 INS 6
LEGAL DESCRIPTION
Part of the Northeast Quarter of Section 28, Township 18
North, Range 4 East, located in Clay Township, Hamilton
County, Indiana
Lot #170 in the Avian Glen section 7 subdivision. Recorded in
the Office of the Hamilton County Recorder on August 19,
1994, in Plat Cabinet 1, Slide 453 as Instrument #9436279.
EXHIBIT "A"
Sep 03 09 03:54p Zelner 2168302015 p.l
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,,v.).25. 2003 1:01PM 1MORGAN ASSOC. TITLE CO.'!oN REPORT No•7322 P. 3
THIS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES.
NO CORNER MARKERS WERE SET AND THE LOCATION DATA HEREIN I5 BASED ON LIMITED ACCURACY
MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR
CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES.
This Is to certify that the subject property does does not Ile within that Special Flood Hazard Area Zone "A"
The accuracy Is subject to map scale uncertainty and to any other uncertainty In location or elevation on Community
Panel Number Ig057 U o2 z 'F of the Flood Insurance Rate Maps, effective date 2 /PTAb'3
PROPERTY ADDRESS: 14338 Dove Drive
PROPERTY DESCRIPTION: Lot 170 In AVIAN GLEN SECTION SEVEN the plat of whlch is recorded to Plat
Cabinet 1, Slide 453, In the Office of the Recorder of Hamilton County, Indiana.
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TITLE COMPANY: MORGAN ASSOCIATES, INC.
LENDER: TUCKER MORTGAGE COMPANY, LLG
I hereby certify to the parties named above that the real estate described herein was Inspected under my supervision
on the date Indicated and that to the best of my knowledge, this report conforms with the requirements contained In
Sections 27 through 29 of 865 IAAC 1-1-12 for a SURVEYOR I.00ATIDN REPORT
EyatlEpii° 8
