1837 Spruce - Albert/Tiffany Roemhild 2010010682 ENCROACHME $25
03/09/2010 08: 59:31A 8 PG.'
Je J Ha
HA C Recorder IN
"%I.P R e cor ded as P resented
CONSENT TO ENCROACH
APPROVED
ROVZO AS TO FCi'i
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by an. between
Albert C. Roemhild and Tiffany S. Roemhild, 1837 Spruce Drive, Cannel, Hamilton County, Indiana
46033, (individually and collectively, "Owner and the City of Cannel, Hamilton County, Indiana, by
and through its Board of Public Works and Safety ("City"),
WITNES SETH:
WHEREAS, Owner owns in fee simple Lot 146 "Lot in the Smokey Knoll 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 14, Pages 144 -148 as
Instrument Number 8746431 in the Office of the Hamilton County Recorder on November 4, 1987, as
Smokey Knoll, Section 2; and
WHEREAS, the current Owner wishes to install a 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
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WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a
Drainage and Utility Easement (the "Easement identified as "10' D U.E." on Exhibit B; 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 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.
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.
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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.
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 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 Easement.
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 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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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 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 maintain 6- inches of clearance from bottom of the fence slats (vertical
boards, not including the posts) to ground surface within the encroachment.
13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any
time.
14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on
the Lot or adjacent properties determined by the City to be resulting from the Encroachment.
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"OWNER" "CITY"
ALBERT C. ROEM 1/ CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Signature 9
/II /3r— Date: J rainard, Presiding Officer
Date:
TI ROEMHILD l if
4111110 0 Mary A►i Burke, Member
Date: I
Signature
Date:
Lori Wats Member
Date: to/7/Dr
ATTEST:
1� 9E ,I
It ana Cordray, IA r Clerk- Treasurer
Date: pD�j,U j
deb: mscord :y!sharedlpickettconsenls to encroachtrcemhild ae ((aice).Aoc:9 /2 VU9) 5
STATE OF INDIANA
SS:
COUNTY OF Ion
Before me, a Notary Public in and for said County and State, personally appeared ALBERT C.
ROEMHILD and TIFFANY S. ROEMHILD, by nee 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 ',f 20(9.
k)k 710t/L
NOTARY PUBLIC
My Commission Expires:
LJ KA Scat
LDx(ui ;fl Printed Name
o
My County of Residence:
42,;'
STATE OF INDIANA
SS: L�
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and Stat personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known� by mme know to b the
Members of the City of Carmel Board of Public Works and Safety, and I iC �1 XV, rk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoin; �+G �d nsrnt
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of alb bF,,- 20
NOTARY PUBLIC
My Commission Expires:
a nn 2 7lflan•
W /e //7 Printed Name
My County of Residence: .k'1! l
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel,
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. k
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LEGAL DESCRIPTION
Part of the North Half of the Southeast Quarter of Section 20,
Township 18 North, Range 4 East in Clay Township, Hamilton
County, Indiana
Lot #146 in the Smokey Knoll section 2 subdivision. Recorded
in the Office of the Hamilton County Recorder on November 4,
1987 in Plat Book 14, Pages 144 -148 as Instrument #8746431.
EXHIBIT "A"
Jun 29 09 01:42p Albert Roemhild 3175711133 p.2
BOUNDARY STAKE (RETRACEMENT) SURVEY
SMOKEY KNOLL SECTION TWO
Lot 11435 2,
0.333 Acres t
1837 Spruce Dr., Carmel, IN 46033
Polaris Cap 5/8' ReBar with Cop Stamped 'POLARIS LS 9600005"
2 4:
0' 30' 60' 90'
on EN mom ■Emon
ttfa mo on Nem=
Scale: 1" 30' R P R o P o S F D FLThCAF 1 S
Fir No27Ti OF
THE Souii-f
paofeari LIME OF
53 R- �c Drive 5---1-13T7
Quo
Y
Polaris Cap Set Polaris Cop Set
2.Y West of Drive 1,:. 32' Weal of Drive
80.8' South ofWofk Et 0.8' South ofWalk
35'D.BUE
35'8.5 -L
Cone.. 'r� by 1221* g
8 af 13.01 arya g i n'
rD 4
Two Story
LOT N Brick Frame R P LOT
147 R ":26:01*. r Residence b 145 Lo.
21.8
a na' r
/p #U.E.
Polaris c0 X— X_ 2(_X. —X X X—'x Polaris Cap Set
N 89'56'80" W 100.00'
l/
LOT LOT LOT
169 170 171
Land Description
Lot 146 in SMOKEY KNOLL SECTION TWO, an addition to Clay Township, Hamilton County,
Indiana, the plat thereof recorded as instrument number 8746431, Plat Book 14, Pages
144 -147 in the Office of the Recorder of Hamilton County, Indiana.
L-C-C� Prepared By:
lOL fly t AN�7 51, I
Qn000s�b E -"u•ANI4' 1 9801 Fall Creek Road, Suite 321
Indianapolis, Indiana 46256
F�NC,E I N Ei45EM EN T -7. page 1 of 2 017) 819 -4407 fax Or) 819 -1926
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