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Home My WebLink About5942 McKinges Circle - Stocker, Omer/Karen 4. 200400006485 Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN rgde4 O 01 -29 -2004 At 03:12 pm. ENCROACHMNT 22. 00 CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Omer J. Stocker and Karen M. Stocker, husband and wife, 5942 McKinges Circle, 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 17 "Lot with a common address of 5942 McKinges Circle, Carmel, Hamilton County, Indiana 46033, in the Chapman's Claim at Prairie View 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 Cabinet 1, Slide Number 795, Instrument Number 9728756, in the Office of the Hamilton County Recorder on July 16, 1997, as Chapman's Claim at Prairie View, Section Number 1; and WHEREAS, the current Owner planted trees and bushes (the "Landscaping on the lot (individually and collectively referred to hereinafter as the "Site Improvements and WHEREAS, Owner has given the City sketches "Sketches 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 Exhibit B; and WHEREAS, the Site Improvements are constructed on a portion of the Lot designated as a Drainage Utility and Sewer Easement "Easement identified as "DU SE" on Exhibit A; and [eb:msword:z:\ shared\1 picke tt \(orms\stockerconsent.doc: 10 /21/03] 1 WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketches, the Site Improvements will encroach (the "Encroachment upon the Easement, which Encroachment is crosshatched on the Sketches; 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 A and Exhibit B; and WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit A and 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 Improvements from what is depicted on Exhibit A and Exhibit B.. eb: msword. z:\ sharcd\ Ipickett forms \stockerconsent.doc: 10 /21/03] 2 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 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 [eb:msword:z:\shared\I pickets\ forms\stockerconsentdoc: 10 /21/03] 3 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 PURL WORKS AND SAFETY .e.....t_ Omer J. St ker ames Brainard Presiding Officer SSN: 30 6- 1Y-et /II/ Date: Date: /2 /03 9'7 Mary An urke, ember Date: /1-75"—a3 atz_z,,,__ 21, _,A4-.,e----____ Karen M. Stocker Lori Watson, Member .J 1 7 3- 3 y Date: SSN: Date: /0 3/o r ATTE T: 1- <'1: Ili i i PC—Ale G ''•.1•;i ,r a liana Cordr. I C, "erk- Treasurer 3 E7-UR R/ Date: Q NO C T y O VA O HN S oN TO ONE Cp I CSQ E RMEL I 3RE N 46p eb: n5word.z sharedUpickett\Corms\stockerconsem.do :10 /21 /03j 4 STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared OMER J. STOCKER and KAREN M. STOCKER, 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 o() Pi of 20 o3 t, NO ARY LIC My Commission Expires: 9z.i)1 G.2 k) Udc, L 3 3 4 0 r 4 (,2o Printed Nay& My County of Residence: l STATE OF INDIANA SS: ..ti COUNTY OF HAMILTON 1 Before me, a Notary Public in and for said County and State, personally.., appeared, I1MES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known by known• t$'�be "-the Members of the City of Carmel Board of Public Works and Safety, and iIANA L. C nY, "erK Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. t ti v` Witness my hand and Notarial Seal this day of ''32 /i3 c 4 NOTARY PUBLIC r My Commission Expires: Printed Name My County of Residenc-. r_.`Ais This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eb:msworchA sharedU pickett forms \stockerconsent.doc: 10 /21/03] 5 NAME D.J. 3 KAREN STOCKER j ADDRESS 59 McKINGES CIRO F IP SHUTTLE �V yJ CITY CA.RMEL IN ,1 6032 ]4 E PHONE 844-8313 I I. d I (1T 17 ADDITIO0N 4MN r sl J4 ✓`.I h CCIUNTYHA.MILTCV TDWNSHiF CA A CLAY S GLEN I 1`,, is i I C 4 •P. DJECT MANAGER FM ISM A7 E I 7 ii' P00 SIZ /DE? H INC. S,F, S 8 DIM n j ma c! n h .ii:`' I.' ii i I 6 ATER T 121111,' ;T r.::.. ETURNS 6 "'UM' FR LO- ATi .J C LNG L. 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R,4D 2 R D .fir "z :r': 1 >.•l:`'... n.v 14X28 2'RAD ANGLE UNDERTRACK AUTuCOVER 'L T P 'DEP I H 10'S „A.L r DW ip I 1 J S I 6 I S'P Pl is i�f C /�lll D- S"Gti DEPT, v rlit a OAF a,1 k 1 r 10- t. 1 C CL4,5 z P750.5' 41r* d E 1 Hip. wu A.� 4 114/,/1 6 4� ��r� �Ai �s r 1 �_r: -_,74. 1� /7STl�l.C�(3 j��t� bra SEE GoI aE L,�j E P •751.5' I ii A ate, 1 I I w�_. 15.33 E75 2 ip..., r YARD UGC ss j i VVV/ o D�05ED f i- PER S 1 rnLLrn,� F ot RESTRICT 31t C c� 753 f L �'1 Ltj am: E 743,5'S CA CSR }52.33'. C7} i i 'p. o cil o 141 w ,T D •Q' =!IEiu Y 1 i y1 P ?52 CONC. DRIVE ICS) n T' r r F l R t F.) r J 1,. Ica: f Eat, t kt mC 1.:\ ENGEs 6 9 ti jrJJ so 51/11:- DATE: 3- 15 -99 Ri ----4-- S S FOR; R D. CUSTOM HOMES )942 ivICK/tviGES �t.�rre tt C er Surveying yiny Conner Street Nob!ti°S5r'ge,