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Home My WebLink About13210 Briarwood Trace - Erb, Todd/Marylyn j 2012022605 ENCROACHME $24.00 04/26/2012 10:05:26A 6 PGS Mary L. Clark HAMILTON County Recorder IN ax- e Recorded as Presented MNIIMMIUMMINIEWIMI e APPROVED AS TO CONSENT TO ENCROACH FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and Between Todd D. Erb and Marylyn Erb, husband and wife, 13210 Briarwood Trace, 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 184 ("Lot") in the Foster Grove 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 12, Pages 107 through 109 in the Office of the Hamilton County Recorder on January 17, 1986, as Foster Grove, Section 5; and WHEREAS, Owner wishes to construct a Retaining Wall (the "Wall"), a Fence (the "Fence") and there is an existing Residential Driveway (the " Drive") on the Lot; and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the Wall and the Fence and the actual location of the Drive on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Wall and the Fence will be, and the Drive is constructed on a portion of the Lot designated as Drainage, Utility & Sewer Easements (the "Easements"), identified as "80' D.U. & S.E.", "15' D.U. & S.E." and "10' D.U. & S.E." on Exhibit A; and WHEREAS, the Easements are beneficial to the City and its residents; and �A.imwoid.z\vg\•fmcd AillUmm/a.bonemWuc a/n/01� 1 WHEREAS, as indicated on the Sketch, the Wall, the Fence and the Drive encroach (the "Encroachments") upon the Easements, which Encroachments are crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachments; and WHEREAS, the location of the Wall, the Fence and the Drive as indicated by 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 Encroachments, the Wall, the Fence and/or the Drive from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the Wall, the Fence and/or the Drive 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 any or all of the Easements, or for any other lawful purpose, and that, should the City take such action, the City shall 2 incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Wall, the Fence and/or the Drive. 5. It is solely the Owner's obligation to ensure that the Wall, the Fence and/or the Drive does not impede drainage so as to create drainage problems on adjacent properties. This obligation shall include all necessary maintenance and repairs to all Fence components, including the removal of any debris collected on Fence panels. 6. 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 and/or damage to any property or improvements, located on the Lot, or otherwise, which results directly or indirectly from any action or inaction of the Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or related to the Wall, the Fence, the Drive and/or the Encroachments in the Easements. 7. Owner agrees to reimburse City for any and all costs and expenses incurred by City 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 Wall, the Fence and/or the Drive or due to Owner's obligations, responsibilities, actions or inactions as set forth herein. 8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and 3 APR-06-2001 FRI 09:53 AM CITY OF CARMEL FAX NO. 317 571 2439 P. 05 to provide to City with a recorded copy of same within ten (10) business days from 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, 9. The parties ag ae that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 10. The persons e::i;.cuting this Agreement represent and warrant that they are authorized to enter into and :.xccute this Agreement for and on behalf of the party which they represent. 11. This Agreerneni shall be effective as of the date on which the last party hereto executes same. "OWNER' "CITY" CITY OF CARMEI„ INDIANA BY AND THROUGH ITS BOARD OF A.g PU:L,IC W!R ' AND SAFETY Todd D. °.b Jame rainard. Presiding leer SSN: 31 3 _ C S1 th D te: WCr i ,` bate: 9— O %.�J M An :urke,M ben �^ Date: _ �/,�0/ I fnn in inn . �I,- Marylyn Erb ( -- --_- SSN: 3 7 - -F - 4 $ 'L9 Billy Walker, Member Date: 14 Hi I r, I Date'. A I I E T 6esudL Diana Cordray �jt�/0C ,, t'.lerk-T e sure Date: ----1 C -I cftrm, r:d.;;The t)cr la=!or e'il;y,that I hove token reoscnable cote tc recta:"corn Segal Security number in this document,unions r-cyu;red by low,' 4 Name APR-06-2001 FRI 09:53 AM CITY OF CARMEL FAX NO. 317 571 2439 P. 03 • STATE OF INDIANA COUNTY OF KUSN SS: Before me, a Notary Public it and for said County and State, personally appeared Todd D. Erb and Marylyn Erb, 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 R day of '�c'■� 200\, NOTARY PUBLIC My Commission Expires: Co-L\-CA Printed Name \_ My County of Residence: CZ-ND S\r‘x - STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared - -BRAINARB, MARY ANN BURK13 and BILLY WALKER, by me known, and by me known to be the Members of the City of Cannel 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 C armel, Indiana. �t ar yh Witness my hand and Notaria. Seal this /6 day of_140,./e y�> 200! " NOTARY PUBLIC Commission Expires: = 4 I J.i■At .. a 067 Printed Name My County of Residence: /_ t4;i/,Orr--This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032- 5 \ -� ••-:i , 'q, 80 D.U. &S.E. SR�A S T aN.` R M S� a FwFR 0 KEYSTONE �t \ RETAINING WALL. APPROX. (26" HIGH) A 1 . / i 41r 4"r'7. ,-. __ - - — c - -, ORNAMENTAL ;/11,. *�i os_ — s,, v — e _ IRON FENCE 4":4;;_ - j" :Ll APPROX.o A o I •0,6da I --a4 ; 44� ,� ;lL V f ! I- 11 r - f �� -r----a--, a !~ , - J,aeoe.. •'iyi.t sto �/ '4 Nom. q-j ,Wei ,X14°' 'tutu ;... is� agc ., `1/ y a=- .•® . 31��L d ;n I ar. � 1�?eV // i ��' �� 11 IM4$_se;sitto; . . - III 1 tl f.-- T a.„ , (QfA1 -r•�:'.5./ 4, / I lelPese �0 0`� `l{/Ip uF�(n:�� :4� tc`•-° -1;e: ORNAMENTAL �: fz a•b rye • APPROX. },;, �: Liss ri IRON FENCE tav Oa 6'-10 et: Sl"%e..a, VC o / APPROX. EXHIBIT "A" tw-, lei . . 7'-10° Avg ENCROACHMENT. , ' 1 10'D(l & S'E' - - --/! . . 13210 6RIARCVOOD TRACE• _ d LOT#184 FOSTER GROVE --_._ / SECTION BR/ARw000-TRACE _