13828 Smokey Ridge - Haney, Douglas/Tammy[eb:msword.z. \e bass\my documents \encroach consent \haney cte (fenceLdoc WI/ NI
CONSENT TO ENCROACH
WITNES SETH:
1
2009023375 ENCROACHME $23.00
04/23/2009 09:23:27A 7 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPR0v 0 AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Douglas C. Haney and Tammy K. Haney, 13828 Smokey Ridge Drive, 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
WHEREAS, Owner owns in fee simple Lot 103 "Lot in the Smokey Ridge 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 231
as Instrument Number 9218830 in the Office of the Hamilton County Recorder on May 19, 1992, as
Smokey Ridge, Section Five (the "Plat and
WHEREAS, the current Owner wishes to modify an existing fence on the Lot (the "Site
Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the approximate 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, in part, be constructed on a portion of the Lot designated
on the Plat as a Drainage, Utility and Sewer Easement (the "Easement identified as "15' D.U. S.E."
on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, a portion of the Site Improvement will encroach (the
"Encroachment upon the Easement, which Encroachment is highlighted on Exhibit B; 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.
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.
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3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise
change the Site Improvement in any material manner from what is depicted on Exhibit B,
and to maintain the Site Improvement in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
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 Site
Improvement, the Lot, or to Owner. However, the City agrees that, except in the case of a
bona fide emergency, it shall provide Owner with at least ten (10) days advance notice
before removing any portion of the Site Improvement.
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 or as a result of any
negligent act of Owner, its employees, contractors and /or agents in, on, under, across or to
the Easement that is related to the Site Improvement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any material 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 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.
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"OWNER"
DOUGLAS C. HANEY
Stgrmlure
Date: Oct 0'Z
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.
11. The provisions of this Agreement are intended to be for the sole benefit of the parties
hereto and their respective successors and assigns, and said provisions are neither intended
to be, nor shall they be construed to be, for the benefit of any third party.
6-4a0ktn saw
Qom, C;V■c
Ca,,rr•Q 4(003)—
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"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFET
ATTES
4
amen Br
Date:
Mary
Date:
Lori
Date:
D na Cordray,
Date:
ard, P esiding Officer
5 off;
a M. Johnson,
uty Clerk for
STATE OF INDIANA
SS:
COUNTY OF IL T0/1 1
Before me, a Notary Public in and for said County and State, personally appeared DOUGLAS C.
HANEY and TAMMY K. HANEY, 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
My Commission Expires:
o
OC i o,P�
3 �/4o
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Printed Name
64.55
My County of Residence: rpAgioN1
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 knowi I e'the
dig 301 p `ti et( Members of the City of Carmel Board of Public Works and Safety, and DIANA L.:GODRAt\ Clerk
:is%;;
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the -fortiblri�`)rorisent{ To
Witness my hand and Notarial Seal this day of r L x 20 AtJA<
Encroach" on behalf of the City of Carmel, Indiana.
My Commission Expires:
[eb.msword:z' \e bass\my documents \encroach consent\haney cte (fence).doc.4 /I/09]
e
NOTARY PUBLIC
Printed Name
My County of Residence:
a aon
fkio (ZSYN.
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. This instrument was prepared by Tammy K. Haney,
Esquire, Bose McKinney Evans, LLP, 111 Monumm'nt Circle, Indianapolis, Indiana 46204.
LEGAL DESCRIPTION
Part of the East Half of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana
Lot #103 in the Smokey Ridge Section 5 subdivision. Recorded
in the Office of the Hamilton County Recorder on May 19,
1992, in Plat Cabinet 1, Slide 231 as Instrument #9218830.
EXHIBIT "A"
P
C9,„41' M
Pi
ERERESIRE
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