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Home My WebLink About5964 Kirkendall Ct - Desormiers, Joseph/Jennifer t 200500003284 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN l 01 -18 -2005 At 08 :53 am. (9 V ENCROACHMNT 21000 efr 'r •L') CONSENT TO ENCROACH I APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Joseph A. Desormiers and Jennifer T. Desormiers, husband and wife, 5964 Kirkendall Court, 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 WITNES SETH WHEREAS, Owner owns in fee simple Lot Number 64 "Lot with a common address of 5964 Kirkendall Court, Carmel, Hamilton County, Indiana 46033, in the Brooks Landing at Prairie View 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 457 as Instrument #200000035919 in the Office of the Hamilton County Recorder on July 25, 2000, as Brooks Landing at Prairie View, Section 3; and WHEREAS, the Owner has constructed a timber retaining wall (the "Wall on the lot, (referred to hereinafter as 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 [eb:msword:z:\shared\Ipickett forms \consents to encroach \desormters consent doc.8 /24/04] 1 WHEREAS, the Site Improvement is constructed on a portion of the Lot designated as a Drainage Utility and Sewer Easement "Easement identified as "30' DU SE" 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 encroaches (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, 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 the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B. [eh nsword :z:\sharcd\Ipickett forms \consents to encroach\desorntiers consent .doc:8 /24/64] 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 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, which results directly or indirectly from any act of Owner, its employees, contractors and/or 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 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. 8. The parties agree that the terms of this Agreement shall be binding upon and inure to the [eb:mswordz:\shared \Ipickett\ forms \consents to encroach \desormiers consent.doc:8 /24/04] 3 r 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 BY AND THROUGH ITS BOARD OF #1. PUBLIC WORKS AND SAFETY 41P 4,- ‘,-/-e-e_ /5- J�,OA. Desormiers ames Brainard, Presidn: Officer SN: 033 51....— S Sf D.te: 0 a Date: 3 DV .1 .4„...„... A Mary An t urke, Member Date: W i_le• A/ Je /ifer T. 1 esormiers Lori Watson, Member SSN: 5-7` )-72_3 Date: 1 ;P7_44.-, 1 Date: /1 70 ''k ATTEST: C .s. o s' ,....411/tebu., )1( ett4-9 "41- Dj�ana Cordray, IAMC e su �j dj 5 ate: 1 a` IN 4.: i, J [eb.msword:z: \shared \Ipickett forms \consents to encroach \desormiers consentdoc.8 /24/04] 4 STATE OF INDIANA SS: COUNTY OF f7//72//7 A/ Before me, a Notary Public in and for said County and State, personally appeared JENNIFER T. DESORMIERS, 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 hee day of No al/i1,60/2 NOTARY PUBLIC u My Commission Expires: .u4 1///9/,.e- Printed Name My County of Residence: /nit TO 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 know a r �bym e know to b the Members of the City of Carmel Board of Public Works and Safety, and�I A L. RAI p Clefk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the Kdr ping "Co sent To Encroach" on behalf of the ~f e City of Carmel, Indiana. J Witness my hand and Notarial Seal this day of °mb��;,�20 NOTARY PUBLIC My Commission Expires: In Printed Name My County of Residence: an 1 This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. (eb:msword s: \Ipickett \forms \consents to encroach \desormiers consent.doc:l 1 /17/041 5 LEGAL DESCRIPTION Part of the Southwest Quarter of Section 26, Township 18 North, Range 4 East, in the Second Principal Meridian in Hamilton County, Indiana Lot #64 in the Brooks Landing at Prairie View Section 3 subdivision. Recorded in the Office of the Hamilton County Recorder on July 25, 2000 in Plat Cabinet 2, Slide 457 as Instrument #200000035919. EXHIBIT "A" i k r ■4 44 z o 7 1 I \64 4 N 23,256 S.F. A cD ri, i i 4 4 4 4 4 S',5- Ir e 4 et EXHIBIT B