5788 Gyrfalcon Pl - Bading, MichaelAPPROVED
eb•msword :y: \shared\Iptcketdconsents to encroach \michael bading cosent.doc_2 /5 /10]
CONSENT TO ENCROACH
WITNESSETH:
1
2010010687 ENCROACHME $25.00
03/09/2010 0 8:59:31A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
AP nov:D AS TO FORM 13Y
THIS CONSENT TO CROACH (hereinafter the "Agreement is entered into by and between
Michael Bading, 5788 Gyrfalcon Place, Carmel, Hamilton County, Indiana 46033 "Owner and the City
of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"),
WHEREAS, Owner owns in fee simple Lot Number 227 "Lot with a common address of 5788
Gyrfalcon Place, Cannel, Hamilton County, Indiana 46033, in the Trails at Avian Glen Subdivision 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 1, Slide Number 593,
Instrument Number 95- 51395, in the Office of the Hamilton County Recorder on September 11, 1995, as
The Trails at Avian Glen, Section Number 8; and
WHEREAS, the current Owner wishes to install a 12 -inch pipe on the lot to enclose the existing
open drainage swale (the "Site Improvement and
WHEREAS, Owner has given the City a sketch ("Sketch depicting the proposed 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 is proposed to be constructed on a portion of the Lot
designated as a Drainage and Utility Easement (the "Easement identified as "20' D. U.E." on Exhibit
B; and
WHEREAS, the calculations provided by the Owner demonstrate that the Site Improvement
satisfies Section 303.05 (4) of the City of Carmel Stormwater Technical Standards; 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 the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B 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.
eb: msvord :v:\sharedhlpickett\consents to encroach\imcltael baling consent.doc 2/5/10]
2
[eb
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure
or otherwise change the Site Improvement from what is depicted on Exhibit B, and to
maintain the Site hmprovement in good condition and repair and free of debris, sediment or
other material that would reduce the capacity of the Site Improvement. Owner also
covenants and agrees to keep each end of the Site Improvement open and clear of any
obstructions, vegetation or material that would prohibit or limit the free flow of water in or
out of the Site Improvement.
4. Owner agrees that City shall have the right to remove any portion of the Site 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 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 Site
Improvement, the Lot, or to Owner.
5. 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 or damage to any property or improvements, located on the
msword} \shat ed\Ipickett\consents to enct oach \tnichael badme consent.doc2 /5/ I O]
3
Lot, or otherwise, and /or for any failure of proper disclosure pursuant to Paragraph 11
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and /or agents in, on, under, across or to 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 Easement and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Site
Improvement.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of salve 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 terns 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.
11. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and
others who acquire by or through Owner any interest in the Lot on and after the effective
date of this Agreement.
12. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on
the Lot or adjacent properties deternined by the City to be resulting from the Encroachment.
[cb:msword y ]sharcd\Ipickett) consents to encroach\mmhael badmc consent docrJS/ 1 n]
4
"OWNER"
Michael Bading
Date: /0
[eb.msHordy •shvoi ennsems m encroach michaet bading mneni.doc:2 IO)
"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Jars Brainard, Presiding Officer
Date: 3
a Cordray, IAMC
ate:
STATE OF INDIANA
SS:
COUNTY OF fi
BETTY NYBERG EDMAN
NOTARY PUBLIC
SEAL
STATE OF INDIANA COUNTY OF HAMILTON
MY C0M SIQN PXPIRES JAN. 16 2016
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL
BADING, 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 /6 day of F
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
•.J%
NOTAR
20/0
C�
UBC
3e y y beR1, Ed errvx n
Printed Name
My County of Residence: 143 rrya<
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, 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
NOTARY PUBLIC -(I 0 1/
My Commission Expires:
Cf
My County of Residence: '.t n/ f /rt t `t O', r
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic=Sq
Indiana 46032:
1c13 msa nrd-y:3harn lpicActt comcnn to rncr ichm shad batbne comcnt doc;2 5 -101
°Jan
Printed Name
6
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
LEGAL DESCRIPTION
Part of the Northeast Quarter of Section 28, Township 18
North, Range 4 East in Clay Township, Hamilton County,
Indiana
Lot #227 in The Trails at Avian Glen Section 8 subdivision.
Recorded in the Office of the Hamilton County Recorder on
September 11, 1995 in Plat Cabinet 1, Slide 593 as Instrument
#95- 51395.
EXHIBIT "A"
EXH/5/7 1. 8