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Home My WebLink About12602 Crescent - Thompson, William/Lesley APPROVE® AS TO CONSENT TO ENCROACH BY: THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between William A. Thompson and Lesley R. Thompson, husband and wife, 12602 Crescent Drive, Carmel, Hamilton County, Indiana 46032 (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 alone owns in fee simple Lot Number 59 "Lot in the Parkside 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 as Instrument #9609629979 in Plat Cabinet 1, Slide 692 in the Office of the Hamilton County Recorder on July 19, 1996, as Parkside Village, Section 1; 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 Drainage, Utility Sewer Easements "Easements identified as "22' D.U. &S.E L.E.; 20' D.U. and 25' Planting and Screening Easement" on Exhibit A; and WHEREAS, the Easements are beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Fence will encroach (the "Encroachment upon the Easements, which Encroachment is crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachment; and eb: msword: z1sl�cd \dlu1NbrrnsUhompsorcureatl.doc:5 /16/02] 1 WHEREAS, the location of the Fence as indicated by the Owner on Exhibit A should not materially interfere with the City's use of the Easements. 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 Fence from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the Fence 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 Easements, 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 Fence. 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 Easements. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City [Cb:rtLSWOfd:Z shared\dIdIttfORI19V110tI peortcOMQILdoc.5 /16/021 2 to replace or repair any damage to the Easements and any improvements located therein caused by the installation, construction, maintenance and /or operation of the Fence. 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 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. "OWNE C "CITY" Zi t CITY OF CARMEL, INDIANA Wiliam A. Tho •ri BY AND THROUGH ITS BOARD OF SSN: ZD r ?V 3745.3 PUB .IC WORKS AND SAFETY Date: /LZ Z i f i es Brainard, Presiding Officer ALL ��1i1L__ 11 ate: Lesley R. i pson SSN: R 3- q9 Date: (Di 1 1 1 M Ann rke, Meynber Date: 6 'e- 7 Member Date: ATTEST: Ct jai; &i LLB r i Diana Cordray�' .rte Clerk 'reasurer Date: (UCH -Qai [eb:msword:z\ shared\ dhill forms Uhompsorrcureerd.doc:5 /16/02] 3 STATE OF INDIANA SS: COUNTY OF M u.Iit,v Before me, a Notary Public in and for said County and State, personally appeared WILLIAM A. THOMPSON and LESLEY R. THOMPSON, husband and wife, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. zoo Witness my hand and Notarial Seal this 1 day of ,Z:9— c.71� P� pUBL�CS NOTARY PUBLIC My Commission Expires: ,�P eA, aU�� A na vt-t7 027 Count! A RS' /V /`t .S' L Z o� w Printed Name Expifes WY 2 20 °S Q My County of Residence: leag(G *4k OF 10 STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD and MARY ANN BURKE, by me lama a d l knova4O Members of the City of Carmel Board of Public Works and Safety, and ANA 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 day of c_1 U N€ V-2002_ 47 ,n..4f.) /9a.44-end NOTARY PUBLIC My Commission Expires: 4' )cD /vi.s 1 7 1 /11/o 7 Printed Name My County of Residence: /M. miA.TdN This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eh: ms :z stwred \dhiMfommvUhorrpemrconsemdoc :5/16/02] 4 7 1 PROPOSED FENCE PROPOSED FENCE (PRIVACY TYPE) (PRIVACY TYPE) 15' 1 •>,t y 4 11P- r io. 0. NOTE: T t NOTE: The bottom of the fence must be no lower I Nv.a;1.4 20'CU Sc is../' 9: 0 The bottom of the fence must be no lower than the top of bank on either side of the FE; :_xv. I than the top of bank on either side of the swale on both sides of the lot.. The swale 1^ 31 t u ^,1i. /7 f�.j;l lLr4c swale on both sides of the lot. The swale flow line must be maintained at all times. t t f V 13'.Cl flow line must be maintained at all times. Do not install posts in the swale or the x X)! r 35 3 Do not install posts in the swale or the flowline of the swale. r LOT 59 flowline of the swale. i I 1 S� Q r."'-.) o Encroachment distance s contingent upon location of fence line in relation to 1 i:::.:r 1' the centerline of the storm J «s sewer. 17/ 'a�, n�ncn l 10.G' 1 34,3 24.C6 j` l 8 b 34.5 III"""tJ FnN do hISY N R =S. F.F.E. i 0-1: g 1 ac 835.6 Establish a centerline between I 1 5.33' M a W.U. the storm sewer end section X8.7 1 835.6 11 O and the curb inlet. The fence y l TYro CAP 1' line should be installed no I b.( 134.51 P, c F r closer than 2 -feet to the pipe 33 8 835.1 34.91 134 +1 centerline. 1 8 .5 3 34.3 1 I 34 22El-- H I ice 16' V� 2GOL DRivE 23 3 134.sj r i G° I x 3 5 33.2 jjf 1 4....... 347 A ?sc 34.2 T i .0 A.Si CUF3 P i R P L N fi:R PLAN P:? FLAN 13M (SAN FIKER) CLLV =633.5 1 CRESCENT DRIVE LLJ 1 50' R/W 'cc I Z WiT'i: LR•_ LO Q EXHIBIT "A" .5 ENCROACHMENT