12488 Autumn Gate-Bing, Richard/Bonnie 200300126609
Filed for Record in
0 HAMILTON COUNTY INDIANA
�O JENNIFER J HAYDEN
12-23 -2003 At 11:20 am.
ENCROACHMNT 20.00
APPROVED AS TO FORM BY v
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Richard F. Bing and Bonnie L. Bing, husband and wife, whose address is 12488 Autumn Gate Way,
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 45 "Lot in the Lakes of Hazel Dell,
Section 11, which is located within the corporate limits of the City of Carmel, Indiana "Subdivision
and
WHEREAS, the official plat of the Subdivision was recorded as Instrument No. 77 812 in
the Office of the Hamilton County Recorder on N0, V Zoo] as and
WHEREAS, Owner wishes to construct and install retaining walls, a fence, an irrigation system
and landscaping (the "Improvements on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, a portion of the Improvements will be constructed or installed on a portion of the
Lot designated as a Drainage, Utility and Sewer Easement "Easement identified as "10' D.U. S.E."
on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Improvements will encroach (the "Encroachments
upon the Easement, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the location of the Improvements are indicated by the Owner on Exhibit A 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 considerations, the sufficiency and receipt of which are hereby
acknowledged, the parties mutually promised, agreed and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part of though such were
fully set forth herein.
2. The City consents to the Encroachments for only so long as
(a) the Encroachments exist; and
(b) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Improvements from what is depicted on Exhibit A.
4. Owners agrees that City shall have the right to remove any portion of the Improvements
as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer
lines or 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 Improvements.
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, which results
directly or indirectly from any action of the City, its employees, officers, officials, invitees, licensees
and/or agents in that portion of the Easement located on the Lot.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair any damage to that portion of the Easement located on the Lot and any improvements
located in whole or in part thereon caused by the installation, construction, maintenance and/or operation
of the Improvements.
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.
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.
"OWNER"
Richard F. B e:
ff
f�
Bonnie L. Bing
STATE OF _A_ v
SS:
COUNTY OF -et^-
Before me, a Notary Public in and for said County and State, personally appeared Richard F.
Bing and Bonnie L. Bing, husband and wife, who acknowledged execution of the foregoing instrument
and who, having been duly sworn, stated that the representations therein contained are true.
Witness my hand and Notarial Seal this day of October, 2003.
_......./111.4 _--e__-.4.--) 41--/*
My Co s si Expires: (Signature)
2i/ p 7, Notary Public Residing in County, def-Zt
A 7P_ i' c' 6,',LhS
(Printed Name)
A% PA TRIgAG 8S
MY COMMISSION DD 159684
EXPIRES: November 4, 2006
t e«oaad nw roan Prate tkaenMle
"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF PUBLIC
WO S AND SAFETY
ame a ard, Pres ding Officer
Date: 4- :g
Ma urk-,. ember
Date: t S 9�
f
G
Lori Watson, .►'el' 'er
RETURN ORIGINAL TO: Date: `l ((VC,
SANDRA JOHNSON
CITY OF CARMEL Sandra M. JJohnso 1,,
ONE CIVIC SQUARE TEST: Deputy Clerk for 44 0
CARMEL IN 46032
4iiii 0 ix f I i
Diana Cordray, i;' clerk- Treasurer
Date: G A
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, Lori Watson, by me known and b me h wn tab e M bers of the City
of Carmel Board of Public Works and Safety, and Diana L. Lor• ay,, erk of the •.City;`of
Cannel, who acknowledged the execution of the foregoing document for and on behalf of said!'entaty 44;
stated that the facts contained therein are true and correct. r.;,- 1. 1: L 1
Witness my hand and Notarial Seal this day of ko J,e.rrl b 2003: i-
/t ,c- ti
g�
My Commission Expires: (Signature). n'
Notary Public Residing in *vn r. 1 k: i.. ..County,`
0z/ /f9/0 Y
(Printed Name)
This instrument prepared by David R Warshauer, Attorney -at -Law
Barnes Thornburg, 11 South Meridian Street, Indianapolis, Indiana 46204.
A
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