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Home My WebLink About4772 Oxford - Howard, Michael/Debra 20030009150 1 F iled for Record in n HAMILTON COUNTY, INDIANA 0 JENNIFER J HAYDEN 09 08 2003 At 1:43 pm. ENCROACHMNT 2.0.00 CONSENT TO ENCROACH APPROVED AS TO FORM a. 11, THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Michael Howard and Debra Howard, husband and wife, 4772 Oxford Place, 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 WITNESSETH: WHEREAS, Owner owns in fee simple Lot Number 156 "Lot with a common address of 4772 Oxford Place, Carmel, Hamilton County, Indiana 46033, in Section 3B of the Brookshire Village 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 Book 11, Page 35 in the Office of the Hamilton County Recorder on July 9, 1984, as Brookshire Village Section Three -B; and WHEREAS, Owner wishes to construct drainage improvements including the installation of an 8" PVC storm sewer pipe connecting to a 2'x2' catch basin (the "Improvements on the Lot; and WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Improvements will be constructed on a portion of the Lot designated as a Drainage and Utility Easement (hereinafter the "Easement identified as "7.5' D. U. E. on Exhibit A; and [eb:msword:z: cog shared \dhill forms \howardconeent. doe 8 /5103] 1 WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Improvements 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, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by the Owner on Exhibit A; and WHEREAS, the installation of the Improvements as proposed by the Owner on Exhibit A will 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 Improvements from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the 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 [eb:msword:z: eng\ shared \dhill forms \howardconcent.doe 8 /5/03] 2 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 Improvements 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 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, 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 Improvements. 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 f eb msword:z: \eng\ shared dhill \forms\howardconcent.doc:8 /5/03] 3 enter into and execute this Agreement for and on behalf of themselves and 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" f. "CITY" CITY OF CARMEL, INDIANA Michael Howard BY AND THROUGH ITS BOARD OF SSN: 50 7 46 16 ct5" PUBLI ORKS AND SAFETY Date: S c( Debra Howard lames BrainarPresigLingAficer SSN: i ,e 1 (02- to.''57 Date: 41 11.2 pj Date: Mary Ann Burke, Member Date: i Lori Wats° j -mber a Dte -4423 xe 0. ATT ST: ,:7, /r i., RETURN ORIGINAL TO: 1 SANDRA JOHNSON 1 i-.._..-5-.. 0,i• ,t-i-, H" L y v CITY OF CARMEL Diana Cordray CI rk,:-.T starer ONE CIVIC SQUARE Date: CARMEL IN 46032 1 -4 [ebansword:z:\eng\sharedkthill formsthowardconcent.doc:8/5/03) 4 STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared MICHAEL HOWARD and DEBRA HOWARD, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her voluntary act and deed. hand and Notarial Seal this day of 003 1 I OTARY PUBLIC 1 Myicomnissior) Expires: ("3.61,\ 6,4 t :b Printed Name My County of Residence: ocp 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 b 11 y' �T�t mr JnJ� kk,n,oW b the _r�d��. Members of the City of Carmel Board of Public Works and Safety, and IM CORD W: Clert- 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 ZD day of t9 NOTARY PUBLIC My Commission Expires: e. 4/1M) cap v� 9 9/a r Printed Name My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eb shared dhill forms \howardconcent.doc:8 /6/03] 5 Ely( IL�1 n A E THREE 9 RLAT 0 TILLAGE SECTION THREE u18 i I (PB. 8,Pa 125 -1127) I O O 8 I t. i 1 I I r-' t Op I I Sc T 455. 15'0.8 U. E. I I -0 r 40. 00' 59.00' 59.00 lia2:4U46 4 80. 00' i56 or PYG 1 S.-roe/4 c O i-arc-8 .B:1s1u O @0.5% 6RAti SEk E. P;n� LL 0 0 158 0 157 0 0 155 o co 5900 0 Sq Ft. 5900.0 Sq. Ft, 5900 0 Sq Fit. 8000 0 Sq Ft a 0 N N in K 22 Building Line 22' Utility Esmt.- 59.00 59.00` 59.00' 80.00' 0 0 a` w J 1,- o 0'O 0 W 433.95 0 re) O O 80 59.00 59.00 80.00` 22 Building Line 10 Utility Esrnt. �I o l O vI 0 o 0 .8 10 w N I 2 I W g Tl 1 D 210 211 IO A )00.0 Sq. Ft. o 5900.0 Sq. Ft. 5900.0 Sq. Ft. 8000.0 Sq. Ft. D 0 I cn O Easement I I 0. I 7.5 Dra 8 Util. Esmt. c 0 01 80.00` 59.00 59.00 59.0 80.00` i I I i ,199 O 1 1 0 o 1.: