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2455 Londonberry-Wachter, AlfredCONSENT TO ENCROACH 2015059427 ENCR $27.00 11/18/2015 11:27:52AM 9 PG5 Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1 111111 I111111IIIIII11111111IIIIIIII11III11III11111h IIIVIIIIIII1111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Wachter, Alfred 1 Trustee of Alfred John Wachter Rev Lvg Trust & Nancy J Wachter Trustee of Nancy Jane Wachter Rev Lvg Trust, 2455 Londonberry Boulevard, 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 owns in fee simple Lot 22 ("Lot") in Windsor Grove which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 3, Slide 45, Instrument Number 2002065082 in the Office of the Hamilton County Recorder on September 10, 2002, as Windsor Grove (the "Plat"); and WHEREAS, the current Owner has installed landscaping, on the Lot (the "Site Improvement"); and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as a Drainage Easement, identified as "10' Drainage Easement" on Exhibit B (the "Easement"); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which Encroachment is crosshatched on Exhibit 13; and