The URL can be used to link to this page

Home My WebLink AboutMoffitt Farm Sec 3A Lot 140 - Eagle Kustom Home Builders 2012022604 ENCROACHME $26.00 04/26/2012 10:05:26A 7 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented X00 o� APPROVED, AS T CC9 e CONSENT TO ENCROACH FORM Br THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Eagle Kustom Home Builders;Inc., 7907 Cove Trace, Indianapolis, Marion County, Indiana 46256 ("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 140 ("Lot") in the Moffitt Farm Section 3A Subdivision which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"); and WHEREAS, the official plat of the Subdivision was re ded as Instrument Number 9705551 in Plat Cabinet 1, Slide 759 in the Office of the Hamilton County Recorder on February 14, 1997, as Moffitt Farm at Prairie View, Section 3A; and WHEREAS, Owner wishes to construct a residential driveway (the"Driveway") on the lot; and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Driveway will be constructed on a portion of the Lot designated as Drainage & Utility Easements ("Easements"), identified as"10' D.U. & S. E. and 15' D.U. & S. E." on Exhibit A; and WHEREAS, the Easements are beneficial to the City and its residents; and fin oce:z\ ewehIYccu b,luoman.aoc:snarox7 1 WHEREAS, as indicated on the Sketch, the Driveway will 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 Driveway 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 Encroachments for only so long as (i) the Encroachments exist; 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 Driveway from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the Driveway 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 Driveway. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, [,n:m,waa:z'a�ntINoc a■eagiaon=tdor 5/14/02) 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 Easements. 6. 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 Driveway. 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. [th.rnsword::w,.weamr�eapJ=�m.n«5/l4/027 3 "OWNER" "CITY" EAGLE KUSTOM HOME BUILDERS, INC. CITY OF CARMEL,INDIANA BY AND THROUGH ITS BOARD OF PUBJ,IC WORKS AND SAFETY £.iii.u. 11 404_ J1 :J�4 ,.. T//fi�cyL m Hownstein President James Brainard, Presiding Officer twel b, 36 -181,1g3 Date: 6 -'C -o . Date: .SI,Z(I P — /! L. tic∎ Mary • j I ure, Member Date: S= d c Member Date: ATTEST: �� ,/A' Diana Cordgay�,1A{yl�Clerk-Tr•. rer Date: ((�� ((�(Q� •I nrro:. ..:thn per c,tles for^erJury,that I have token ruov>'ocie coto to tecsot each Social Security f9ur t r in IN cioaumen6 unlou required by law,' Na �Y�w in: .oa...:en.•aadrnr�.".,�KO�:mi.eo:vwrozl 4 STATE OF INDIANA ) SS:• COUNTY Of_ t i Before me, a Notary Public in and for said County and State, personally appeared KYMM HOWENSTEIN, President of Eagle Kustom Home Builders, Inc., 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 1 day .£ , 2002. .l4 / ' I 0 . - ' PUBLIC My Commission Expires: ' awn& . 'I _/ 11 � V (; (��l !/v/ o�f�D� Printed Name My County of Residence: � y2 ST..E-OF IN)IANNA ) ) SS: COUNT. OF HAMILTON ) Before in-, a Notary Public in and for said County and State, pe :.nally appeared JAMES BRAINARD and M V Y ANN BURKE, by me known, and by me know. o .e the Members of the City of Carmel Board of Pub 1. Works and Safety, and DIANA L. CORD_e 4 rk-Treasurer of THE CITY OF CARMEL, who acknowle._ed the execution of the foregoi._ CC,A:• ,To Encroach" on behalf of the City of Carmel, Indiana. t '\ Witness my hand and Notarial Se-', ilk- a_��f, ' ` 2002. i' \( 1 ; t ' L . el ■O7"PUBLIC My Commission Expires: . _P 1 hri e., dip cc:v-tvr I • _Pa Printed Name My County of Residence: 4. _ 4---k f U -- is instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic quare, Carmel, Indiana 46032. [b.msword;zAshamd&i(N ms'n&cto tdoe S/I4IO?] 5 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary ' . .lie in and for said County and State, person.11y appeared KYMM HOWENSTEIN, President of Ea_ - Kustom Home Builders, Inc., b s. - own, and who acknowledged the execution of the foregoing"CON . T TO ENCROACH" - • is/her voluntary act and deed. Witness my hand and Notarial Seal this _ say of , 2002. NOTA' PUBLIC My Commission Expires: Printed Name My County of Residence: STATE OF INDIANA ) SeLs621p■ ) SS: COUNTY OF IIAMILTON ) 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 day of C i , 9— ' , 2002. . J • 4 I 1 / o`0gher, Not�nTARY PUBL ' W My Commission Expires: O. �*Coro ��$ bid ▪ M▪ 'N°`�r °,,ii:°° d Name a cn a; ', /. ... ti3 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 Im:mswmd:z■m.ommimromn\conemLdor523/02) 5 WAY M4 CE s'vu 7 -- ----i-t-r 9 0.00 _rte^ . I --1\lice fuel . liCk.a7.7 f \ . o roams IllaWCE u.r' 7475 7.51 4. "\ _ . .:. .. ' . ' t > 23. lie Mink . • .:c . . q /55.5 • --.-1,4ee_ • r;Al PER L,.._ _ _31.0' . 10275163 tiVAC Eazo 90.00' .o #4''' 1221 XALK an env-74a0 PER PVk4 PLOT PLAN PREPARED FOR TALL -' T. r� ` EAGLE KUSTOM HOMES 11��--'N nn�� PLOT PLAN LOT # 140 -gy�/p r RAW • • MOFFITT FARM AT PRAIRIE VIEW SECTION # 3-A INSTR. # 97 05551 P. C. # 1 SLIDE # 759, AMENDMENT# 980981987 0, "A" & AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS AND NOTATIONS ON a ENCROACHMENT PLATS PRAIRIE VIEW MOFFITT FARM INSTR. # 97 31763 5915 TALL TIMBER RUN