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Home My WebLink About5770 Aquamarine Drive - Shao, Horng/Yu-Lang, Catherine r1 -� APPROVED, AS TO �/ CONSENT TO ENCROACH FORM RY: THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Horng Yuan Shao and Catherine Yu-Lang, husband and wife, 5770 Aquamarine Drive, 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 103 ("Lot") in the Emerald Crest Section 2 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 Number 200000061586 in Plat Cabinet 2, Slide 523 in the Office of the Hamilton County Recorder on December 11, 2000, as Emerald Crest at Hazel Dell Summit, Section 2; and WHEREAS, Owner wishes to construct a residential 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 a Drainage Easement (the "Easement"), identified as "20' D. E." on Exhibit A; and WHEREAS, the Easement is beneficial to the City and its residents; and 2012022608 ENCRORCHME $24.00 04/26/2012 10:05:26A 6 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented Icbmsword m.memnt mulmaronsen.dasn41021 1 IIIIIIIIIIII1IIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIII11 III • WHEREAS, as indicated on the Sketch, the Fence 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 Fence 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 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 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 Fence. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, [th:aawo,a:.wr>nduinrmmwaoruInac'ono nao<sn4JO2] 2 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 the City, its employees, officers, officials, invitees, licensees 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 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. L.n,,,,,.oszw..mmanr, „,la,ecomait :5,1<,nz, 3 "OWNER" "CITY" G< t't___ CITY OF CARMEL, INDIANA Homg Yuan Shao BY AND THROUGH ITS BOARD OF SSN: • - — • �0 PUBLIC WORKS AND SAFETY' Date: r''--13-0v i , ames Brainard,Presiding Officer Date: b s — e n/ e - &� rr Catherine Yu-Lang L SSN: C -ebB19 a �Mary M � em Date: r 2?- -- Date: =�Q Member Date: ATTEST: Diana Cordrays ISM„j 2erk- 'r;asurer Date: ( & U p� "Ir,. -r'a;the fend0ies for ce.;uy.`hot I hove taken reo;encae CM to redact eocn Social Security dmi;cr iin this docurhcnt,unlcSs required by law: a 4�' . bac 1�� Na rm:m.,worexWvwahiinro,vhaowrw vonscr_dOC.snaroxl 4 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared HORNG YUAN SHAO and CATHERINE YU-LANG, husband and wife, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her voluntary act and deed. Witness my hand and Notarial Seal this a3 day of G , 2002. • & �L!.ate NOTARY P I My Commission Expires: SL4 S CO a c 1c 5 O v. 7 - a `-1- o$ Printed Name My County of Residence: t° '" 01,A STATE OF INDIANA ) M.8421.Ot4 ) 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 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. Witness my hand and Notarial Seal this Cfilday of � , 2002. mss; 'O'''°•/'O o NOTARY PUBLItI War My Commission Expires: ? C,O ,y' esi°6 OS 0 7 printed Name r :se tio: y�'� /��!! \ No. # \6� My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. Return Original To: Carrie A. Gallagher Clerk-Treasurer's Office CITY OF CARMEL One Civic Square Carmel, IN 46032 • pa,».wwe:::w..mmant�w.ow.ww.ea:snaiozl 5 fla . FENCE SS' ou, PROPOSED FENCE PROPOSED.ENCE ® ;/ / - , - / 1�(PICKET TYPE) (PICKET TYPE) / / ; 4 ' v•-•44fr / .. s 20' D F‘.# 4 0 alli 69 Z PQ . . . 60h' . . . - r1 t►'°'__ 4.6 7' 43 00 '� •'- ' i /. 5.50'J.SO' 2C133' S 7.73' m 72-5$ • GATE f� Surly 11 Pump - 1dr0• 0$ .' i 7 > Proposed Res;3ence _. Fin. nc Elev..Tho 2 g! T..) QwnL. Fr £bv.zz771,2 v. - N CV - 7.33' / r 12.33' .' 12-19C IJ '� rel•.• . Pr,,ch, ! 25. o. 2239 ;1r fist jl _ r r �.L. 0.01:_.i' � Vy1bi 8 20 S. � -- I • _ aril J at. g/ 2° propasdd / - .0 01 F:l IJ3 Kam' sta eiYalk 1........... \ : dace {Nah+ ----: COOC. curb _ / AA LAJ A gINE__QLvL. _ _.__-_ . 1 brs I7 -. Waive NPr , — ____ PLOT PLAN 5770 AQUAMARINE DRIVE LOT 103-EMERALD CREST AT HAZEL DELL SUMMIT,SECTION 2 EXHIBIT "A" ENCROACHMENT