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Home My WebLink About12891 Charing Cross - Jones, Thomas/Susan 2 00 .300091496 Filed for Record in r HAMILTON COUNTY INDIANA 0 JENNIFER J HAYDEN 09 -08 -2003 At 01:43 m. sp ENCROACHMNT 20.00 CONSENT TO ENCROACH APPROVED AS 70 FORM DV Alak THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between F. Thomas Jones and Susan V. Jones, husband and wife, 12891 Charing Cross Road, 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 194 "Lot with a common address of 12891 Charing Cross Road, Carmel, Hamilton County, Indiana 46033, in the Brookshire Pines 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 Plat Book 7, Pages 19 and 20 in the Office of the Hamilton County Recorder on April 24, 1978, as Brookshire Pines; and WHEREAS, a former Owner constructed a chain link fence (the "Fence and planted trees, bushes and flowers (the "Landscaping on the lot and the current Owner wishes to plant additional trees (the "Trees on the lot (individually and collectively referred to hereinafter as the "Site Improvements and WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the Site Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and [eb:msword:z:\shared\dhill forms \jonesconsentdoe 7 /8/03] 1 WHEREAS, the Site Improvements are constructed on a portion of the Lot designated as a Drainage and Utility Easement "Easement identified as "Non Buildable Area Drainage Utility Easement" on Exhibit A; and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site 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, the location of the Site Improvements as indicated by the Owner on Exhibit A 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 Improvements from what is depicted on Exhibit A. 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 [eb rrtsw z:\ sharecbdhdbforms \jonesconsentdoc 7 /8/03] 2 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 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 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 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 eb: rrvsword: z: \sharedIdbill forms \jonaconsent.doc:7 /8/03) 3 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 PUBLIC WORKS AND SAFETY a lLf-744.441-.) ,....,,t,4.46.J /5,4-1eloit..e4/ AC.-.. F. Thomas Jones J mes Brainard, Presiding Officer SSN: .515- ati 8375 Date: e Date: '7-- lell C 3 Mary An 1.14 Me ber Date: ..1......... 493 y 111P lifr Susan V. Jones ii Lori V‘4tson, Me .er'1,,: SSN: i 0 4. 22 S40 Date: Date: 7 °OP 05 r MO ATT T: L i I T. ,t -1:2 irted ,w r N.' 1. .Ar v.< 1.: .i D iana Cordray, I: li g elc Date: .41G 0 RETURN ORIGINAL TO: SANDRA JOHNSON CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 [thmsword:zAshared\dhill forms \jonesconsentdoc:7/8/03] 4 STATE OF INDIANA 5.bck_ oc S t CLN0.- SS: COUNTY OF I f LL1 Before me, a Notary Public in and for said County and State, personally appeared F. THOMAS JONES and SUSAN V. JONES, 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 \QOday of Il.t.A 20,0_37777'.--,„ 1 ens N V/� NOTAR\ P LIC ra ;.Y My Commission Expires: -J t; i! (A 1 V. ;3 rCnrl�(ttr l I V Printed Name t\ 6 'J My County of Residence: lick nil I1 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 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. hand and Notarial Seal this ;`t Witness m t :I y a a e .s day of 20 ,�r NOTARY PUBLIC :9 �A,* -,ly f My Commission Expires: Yt-,f r 44 0q VI -5 t o t~ 4/1q/041( Printed Name My County of Residence: V., This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. f eb:msword:z:\sharedkdhill \forms \jonesconsent.doc:7 /8/03] 5 R e s i d e n t i a l L o c a t i o n S u r v e y s s t %10 SURVEYOR LOCATION REPORT PRO ADDRESS: 1285 CHARiNG CROSS ROAD CARMEL, iN LAND DESCRIPTION: LOT 194 IN BROOKSHIRE PINES AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 19 -20, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, IN. 1 r 20' SCREENRtC ESMNT. 1 PROPOSED PLANTINGS I 1 18- HYBRID SCREENING POPLARS 71 I ESQ it i 1 W 2 (00.'51'4°1 k 35' DEE i 4r Q i f r 0 NON BUILDABLE AREA i DRAINAGE UTILITY EASEMENT N Y I J ►,i�h0 ,f�� go' v eL 4 BA ..iv i y 12'± 0 1 .4' 1+ o 0 1 J J CONCRETE S A 0' 8i S 106 j s MICN 4 4 1+ E corh Q 1 -.4,„ (t.1 00\ 1 1 l EXISTING FENCE PLANTINGS O TREES S BUSHES /FLOWERS 1 G CHAIN LINK FENCE x ENCROACHMENTS S Alin EXHIBIT "A" DRAW?! BY: 0 111110F SCALS E: 1'= 45' 12955 //1 /I CE: DATE: 06 -28 -2002 B455 Keystone. Crossing Drive, Suite 21 1 Indianapolis, IN 46240 Ph 317 +255.0701 FAX 317 +255.0704