2622 Faust Ct - Wendling, William/Cheryl t
Jennifer J Hayden
HAMILTON County Recorder IN
IN 2007000430 ENCR
01/04/2007 08:39:02 8 PGS
Filing Fee: $26.00
CONSENT TO ENCROACH
APPROVED AS TO FORM SY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
William E. Wendling, Jr., and Cheryl J. Wendling, husband and wife, 2622 Faust Court, Laura Vista,
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
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot Number 49 "Lot with a common address of 2622
Faust Court, Carmel, Hamilton County, Indiana 46033, in the Laura Vista 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 B, Slide Number 860
as Instrument #200400014732 in the Office of the Hamilton County Recorder on March 5, 2004, as Laura
Vista, Section 1; and
WHEREAS, the Owner wishes to construct two window wells and a deck on the lot, (referred to
hereinafter as the "Site Improvements and
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WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvements are constructed on a portion of the Lot designated as a
Drainage, Utility and Sanitary Easement "Easement identified as "30' DU &SE" on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachment
upon the Easement, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; 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 Improvements 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 Encroachments for only so long as
(i) the Encroachments exist; and
(ii) Owner complies with the terms and provisions of this Agreement.
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3. Owner agrees that the deck shall be open underneath with the exception of support
columns, and free from underneath storage, lattice work or vertical walls. Also, there shall
never be walls or a roofing structure constructed on top of the deck so as to create an
enclosed porch or living space.
4. Owner agrees that the top of the window wells shall be installed a minimum of two feet
above the Base Flood Elevation.
5. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Site Improvements from what is depicted on Exhibit B.
6. 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 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
Improvements or to Owner.
7. 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, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in the Easement.
8. Owner agrees to reimburse City for any and all costs and expenses incurred by City
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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
Improvements.
9. 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.
10. 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.
11. 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.
12. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBL i WORKS AND SAFETY
jet,
William E. Wendling, Jr. es Brainard, Presiding Officer
II ate
Date: /p*.co
�L:66
Mary A n Burke, rmOrI
Date:
e' -i/7 t 7
Cheryl J. W�ndling Lori Wagon, ber
Date: I (0 0
Date: ii /Z/ Z
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ATTE i `y
r, 4 1 e ler k t r
Diana Cordray, IA re u r
Date: /u' T f f f
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared WILLIAM E.
WENDLING, JR., and CHERYL J. WENDLING, 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 of N 20,d
Y Y
f ✓,it Aei
NOTARY PUBLIC
My Commission Expires:
Printed Name
n Anita G. Haworth
t My Commission Expires: 02-14-2008
My Commission Number Is: 424594 My County of Residence:
My County Resident* Is: Tipton
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
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, an by me known to e the n
Members of the City of Carmel Board of Public Works and Safety, andlt A L. CO erk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing C ohse t. o
g
Encroach" on behalf of the City of Carmel, Indiana. a" ate t S
Witness my hand and Notarial Seal this ip day of L e-e i=e/ 20- 1
'4�a'',
I tq x ,�ca AIA
NOTARY PUBLIC
My Commission Expires: „F;,,, :-,0 ,,,,,s3,0' Y
0.
/fig 4 Printed Name
t
My County of Residence. a L Zbn
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032. 1 affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Security Number in
this d ument, unless reqiired by law.
15 (X
(sip hture)
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LEGAL DESCRIPTION
Part of the South Half of the Northwest Quarter of Section 19,
Township 18 North, Range 4 East, in Clay Township,
Hamilton County, Indiana
Lot #49 in the Laura Vista Section 1 subdivision. Recorded in
the Office of the Hamilton County Recorder on March 5, 2004
in Plat Cabinet B, Slide Number 860, as Instrument Number
200400014732.
EXHIBIT A
11 CA1ES TED
BM FOR COOL CREEK
A' CONON AREA DU1PE i 812.8 IME
®t 66 t
tp 24
.E 3d BSL
i ®3a1
u. i;ui 21S Len J 30
NNE 111-v ua'
'1"d". ;I 0011ERED
13 `4PROPOSED
WM&161
REDEEM
FFE
LOT 49 820.4 0
9,235 SF 811.4
O r F 5
MOW 3.33'
ten 25i
WEE CM
O /'i!
ME 5 8 819.9 li
818.9
ASSUMED NORTH 8 8.
SCALE 1 e 30 E;j
B.
no \V
5Rtr 412
1 15 OUSE 818.6 S1R/ 41 o
818.2 PER KO=
t 5.00 T
17A DRAMS
SEW SIR/ 413 r SAN.
PORED 0 a
PER RECORD
DRAR S EIEIM11a1 KR RECORD PER PLt111
ROLL CURB PER PLMt DRAf1 510111 SEIAER
EXHIBIT "B"