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Home My WebLink About5909 Silas Moffit Way - Post David/Lisa 04/25/2012 ENCROACHME 10:05: $28.00 k 8 P Mary L. Clar 26A GS rG Recorded asuPteseecor I��I��I��Ili��Recorder IN c APPROVED, AS TQ CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the"Agreement") is entered into nd between David and Lisa Post, husband and wife, 5909 Silas Moffit Way, 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 52 (`Lot') in the Moffitt Farm 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 as Instrument #9809804217 in Plat Cabinet 2, Slide 74 in the Office of the Hamilton County Recorder on January 29, 1998, as Moffitt Farm at Prairie View, Section 2-A; and WHEREAS, Owner wishes to construct a concrete pool deck, fence, and block retaining wall (the "Improvements") on the Lot; and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Improvements will be constructed on a portion of the Lot designated as Drainage, Utility, and Sewer Easement (the "Easement"), identified as "IS' D.U. X S_E_" on Exhibit A; and WHEREAS, the Easement is beneficial to the City and its residents; and • WHEREAS, as indicated on the Sketch, the Improvements 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 Improvements as indicated by Owner on Exhibit A, should not materially interfere with the City's use of the Easement. NOW, TI-IEREPORE, 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: I 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. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Encroachment and/or the Improvements from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the 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 Improvements. 5. It is solely the Owner's obligation to ensure that the Improvements do not impede drainage so as to create drainage problems on adjacent properties. This obligation shall include, but not limited to, all necessary maintenance and repairs to all Improvements components, including the removal of any debris collected on Improvements. 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 I..ot, 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 Improvements or the Encroachment in the Easement. 7. 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 Improvements, or (Inc to Owner's obligations, responsibilities, actions or inactions as set Ibrth herein. 8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business clays 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 agree 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 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. I I. This Agreement shall be effective as of the date on which the last party hereto executes same. ..OWNER„ "CI l CffV OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PURL . WORKS ANI) St LTV eif David Post tat s Brainard, Presiding Officer SSN: 3° 3-Co6- 5713 Date: ta/O - Q/ Date: 0 `cc. ISZ00° Mary Ann Burke, Member , Date: Lisa Post , , _ t P. '3 1,.111 � .: SSN: �3 /S�-mod R�3 Billy talker, Member°_� f 'i Date: / of — /q ( Date: g/ 0 q� r • a , , � C- . - ' r �} \ f"I -- 3 token reu > 4 hSocial Security � '' �rF i_�- e _ number ri tt ee^ , •reyuiced by law• _� , i art *..� Diann C ordt t I MC+ Pct k a` is(ir t' ' j _�%„• �. 1 v of ' t 4 D;uc / 0 `:Vii. am 4 STATE OF INDIANA ) SS: COUNTY OF W,ti ) Before me, a Notary Public in and for said County and State, personally appeared David Post, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. //�� Witness iiy hand and`Notaiiai Seal this /Cr4, day of Pe-t>rrac.24 , 2000 r,! ti NOTARY PU I.IC Mj C'onumsston Er pi er: < _ �r i t 0 ; - 1 .l .- ; L � i , n(J/Eft h__ i / -,00, Printed Name ': {r.,• Maly County of Residence: -4-t Lx-tut %' r STATE OF INDIANA ) ) SS: COUNTY OFiara,' � ) Before me, a Notary Public in and for said County and State, personally appeared Lisa Post, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACI I" as his or her voluntary act and deed. 'Witness•my-hand-and •Notarial Seat this lglh day ofd S4f — 20W. P ,' t NO' RY I • 3LIC \Iy ConSnussion Fvpthc' y 1 t .N'a7�a 21:CC.c._ - 1__ 1 Printed Name My County 01 Residence: .7 _ /_ZW/ iiktit tvc., , u 1 c�, y �a. ..,.„n ce.:.a.,.i p.n Mq.pu•pnJOnni„i n,.a:n_.i.� 5 • STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, M*RY ANN BURKE and BILLY WALKER, 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_ h Witness my hand and Notarial Seal this /6/clay of Uo/tLC(ji4.v) , 20&. NOTARY PUBI O My Commission Expires ` r 68 -05 -07 Printed Name rY J. : 6 a Maly County of Residence- _ R x l L'a , �: c' ar i. / `°r ' �ipbJ�Unl,iuf,0e This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square,' Carmel, Indiana 46032. M!iin.nilTili.a:.JUnNymA.^IT:inniaoiwii ibrl`ll_xi 6 PALE U i KN tP I'(— A 1 i I _I 1 IA I i b .0 . I I e Ti '.;,1 Li, i s ‘,,9 . 1 -t=1-' - H_013 1Y mod_—_`m I• T �-- L.. I. .r— -/� 1 I r --C _ I r I 7 f ,,__ ,.,.• --=311 i ¢ •n \ T� _E J �d—� —, �' I 4' F r �l C_. ._� a v t ,_ 1 i i� i_1. d �' \ — — - 1 wN1 Y , o A vI „ 5. 8" K i*F o V �5c./z`- APPROVED: DATE: A CUSTOM DESIGN FOR: - ;l I G r /::,../ 590 / 5/L A3 Al U! 1 ir WA r,'' • Designers d Builders ter over 25 years .. _ i 1 Size Sit No. - Size • • • Size ElL14 tail- 'A" P/C Slab/Pit _Ft. Discharge 5126-_. Letts Fa .Sr. Length Feet _Size Length For ze___Lgth.__ Ft.A/S Valve Location _Sizi Length Feel STEEL _ 1r 18-1.____.0ther Feet ;UNITE - Inlets Jets 1. i A ill _Fill Line Location h V Ind Rail Cup Anchors j V ft l 1y c, (22- v v f ti 5 i ‘1 t NDCOPING 0 p.10 1 • t:" 1 I. Coping/Other . N. V • \je ki 1 sr td •Nungosired Tile • NITE" LUZ/6 ,..:i . 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