9 Shore Drive - Kotowski, KarenAPPROVED
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CONSENT TO ENCROACH
WITNESSETH:
1
2009052811 ENCROACHME $26.00
09/01/2009 10:39:20A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Karen E. Kotowski, 9 Shore Circle, 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 9 ("Lot in the Woodland Springs 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 Book 3, Page 20 as Record
#6594 in the Office of the Hamilton County Recorder on April 21, 1967, as Woodland Springs, Section 1;
and
WHEREAS, the current Owner wishes to install a wooden fence 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 a portion of the Lot designated as a
Utility Easement (the "Easement identified as "20' Utility Strip" on Exhibit B; and on a portion of the
Real Estate designated as dedicated public right of way (the "Right of Way identified as "Shore Circle"
on Exhibit B; and
WHEREAS, the Easement and Right of Way are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment
upon the Easement and Right of Way, which Encroachment is crosshatched 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 and Right of Way.
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.
(ii inoumd, 'sham! Ipickdt.f ms eatscmt to awloech.kotowski elr 1 inw-et-doc 7 l 5 041
7
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 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 and Right of Way, 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 hnprovement, 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
Lot, or otherwise, and /or for any failure of proper disclosure pursuant to Paragraph 1 I
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and /or agents in, on, under, across or to the Easement and Right of Way.
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 or Right of Way 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
deb tm..ot l:y aiarcd ijockett forms consents to axtoarh Aoto, ski ete (fence) floc 7'15 091
3
to provide to City a recorded copy of same within ten (10) business days of the effective
date of this Agreement. ht 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 teens 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.
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.
"OWNER" `CITY"
KAREN E. KOTOWSKI
Signature
Date: '7 O ,DO 09
[eh mssrmd Iia d Irlckr11 form, consc IOovB,ch 6mos,kr c(c(kmtm.rkx 715 04)
4
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
urke, Mer l
O G
Jam 'Brainard, Presiding Officer
D-te:
Mary Ann
Date:
Pr
Lori Watson,1 er
Date: ocr
5
E. Ct v .SCU
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ATTEST:
Diana Cordray IAMC, Clerk- Treasurer
Date: 0/9/0?
STATE OF INDIANA
SS:
COUNTY OF I..k rt.dln
Before me, a Notary Public in and for said County and State, personally appeared KAREN E.
KOTOWSKI, 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 day of c. T 20 c.
NOTARY PUBLI
My Commission Expires:
■11.4.Ate i7,
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
qi*O/D
Ic6.nts.orJ c..shara1 Ipick tt'la ms con >ms to aicroach kntooskr etc A fenc<l.<hx c 119
Mar (Re w,lna.r
Printed Name
My County of Residence: Max' l 6h
Witness my hand and Notarial Seal this f day of �r 20 0�
NOTARY PUBLIC
0/0 Sorb
Printed Name
6
Before nee, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and �r known to be the
Members of the City of Carmel Board of Public Works and Safety, and fJf�11�IAL. C6RDRAY, 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.
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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 Northwest Quarter of Section 5, and part of the
Northeast Quarter of section 6, Township 17 North, Range 4
East in Hamilton County, Indiana
Lot #9 in the Woodland Springs section 1 subdivision.
Recorded in the Office of the Hamilton County Recorder on
April 21, 1967 in Plat Book 3, Page 20 as Record Number 6594
EXHIBIT "A"
B.L.
U.S.
Conc.
Drive
0
Lot 9
t!c
Seale: 1 =40'
Legend
Shore Circle
Building Line
Utility Strip
co
HAHN SURVEYING
GROUP, INC.
Surveyors Engineers
2850 E. 96th St., Indianapolis, IN 46240
PHONE: (317) 846 -0840 or (317) 846 -4119
FAX: (317) 846 -4298 or (317) 582 0662
1 78. 8 7
VA
No.
20300031
‘1/1.;•44/ STATE OF
D IANP. Q
T
CERTIFIED: March 25, 2008
Chad D. Hahn
Registered Land Surveyor,
Indiana #20300031
Job No.: 2008031392
Sheet 2 of 2
SURVEYOR LOCATION REPOR
I hereby certify to the parties named above that the real estate'described herein was inspected under my supervision on the date
indicated and that tp the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29
of 865 IAC 1 -1 -12 for a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession
lines found.
E‘Aiogrr