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Home My WebLink About1138 Cottonwood Dr-Boughton, Lyle/Donna cod CONSENT TO ENCROACH APPROVED, A TO FORM BY: THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Mr. Lyle Boughton and Donna Boughton, husband and wife, 1138 Cottonwood Drive, Carmel, Hamilton County, Indiana 46033 (collectively "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City 199909965989 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK WITNESSETH: On 11 -10 -1999 At 11:58 am. ENCROACHMNT 17.00 WHEREAS, Owner owns Lot Number 205 "Lot in Section 14 of the Cool Creek North 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 in the Office of the Hamilton County Recorder on May 20 1986, in Plat Book 7, page 148; and WHEREAS, Owner wishes to construct a fence (the "Fence on the Lot; and WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the Fence on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Fence will be constructed on a portion of the Lot designated as a Utility and Drainage "Easement identified as 7.5' U. D.E." on Exhibit A; and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Fence will encroach (the "Encroachment upon the Easement, which Encroachment is crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, the installation of the Fence as proposed by the Owner on Exhibit A will not materially interfere with the City's use of the Easement. eb: msword:\\docAshareduparks \forms\boup}doneonsemenaoachdoc:9 /23/99] 1 NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency 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 the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure, move or otherwise change the Fence from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the Fence City deems necessary, in its sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other 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 Fence, or otherwise. 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, death, destruction or damage to any property or improvements located on the Lot, or otherwise, which results directly or indirectly from any act of the City, its employees, officers, officials, invitees, licensees and 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 or operation of the Fence. [thm swordAN docAs handkparks \forms\boughtonconsadrnaoachdoc 9 /23/991 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 five (5) business days of the effective date of this Agreement. In the event Owner fails to timely record and provide City with a recorded copy of this Agreement, Owner hereby authorizes City to do so, 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 L�le Boughton BY AND THROUGH ITS BOARD OF Date: a 2- 9 PUBL WORKS AND SAFETY, �(T 6-&417/07-7k_ /C .77,a0t Donna Boughton J es Brainard Presiding Officer Date: 9 99 ate: t 9 Mary rke, rbe Date: r a/ Billy \alker, Member Date: 4f ATTES •yl+ 477' Diana Cordray, Clerk Treas' 7' ure Date: 16 a 4 t rir vy w [elanswordA dots\shared\sparks forms boughtonconsmtanaoachdoc9 /23/99] 3 STATE OF INDIANA SS: COUNTY OF 116..,r, %,c.;J Before me, a Notary Public in and for said County and State, personally appeared L- i and 1 Q G 0 u .ko t-3 husband and wife, by me known, and who each acknowledged the execution of the foregoing CONSENT TO ENCROACH" as his /her voluntary act and deed. Witness my hand and Notarial Seal this a day of 2� M �e—�— 19 ,s NOTARY PUBLIC (I; a ,.f� My Commission Expires: O L ;S•a- L. rrx SV� S 1 l a, a o O (1 Printed Name My County of Residence: 11 M,., r i •w I./ 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 BILLY WALKER, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and DIANA 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. Witness my hand and Notarial Seal this q day of N O V eil, \t 19%..• 4,1 i 'I' 1 NOTARY PUBLIC 1 1 rJ My Commission Expires: I P rinted Name I 17 -Ot() v...1.. My County of Residence: (kY I' I This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. eb: msword:\ WocaVharedryarks Ubrms\boughtorrcortsetderrcroachdoc :9/23/99] 4 r Ex�iecr "A„ S I r: 7. Co v i k /4 _....;.7 D I.) 4 3 I C\ 1 6/ I j ..4 tv 9 't zss, J 111 y I Ai it r;) 11 S E n In CJ i �i ti' J iC r �I a4 d /a al 1 JldidE d• -1 _-__3 I �3 t PRcPCS�p cE t) I 40. n f 0 1 i I I it PAstmENT- 3 N ip t\, _G o o W O i7 c T" n :I:is is to e^_rtIfythat the subject :operty is is 17 pt located a special r Mood II :TzaU area as .•eta fished b` the Department of ,.ous :706 D v v eiopmen[ Insuranr.e A dministration, as ,'er FIA Flood !Sa rd tound 1api /R-7G Lot 205 in COOL CREEK NORTH SECTION I-4 Indiana, as per plat thereof ln Hamilton Coun -n the Office of the Recorder of Hamilton County, I 7, pa 148 y, Indiana. 1, the undersigned, hereby certify that the building is-situated cn the above described rei'.1 estate and wholly within the boundaries thereof. I also certify that the buildings Located on the adjoinin properties do not encroach upon said property. g C ?rtified May 20, 1986 Allan per. air. fan H. IJeihe �Re� 4= 1 g L.S. Indiana ,egg y U r 1 ,1 'r:1.