5058 Kingswood Dr - Bennett, Mary/Robert 99
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no At FORM BY:
NW CONSENT TO ENCROACH
Instru ®ent
9809832104
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered
into by and between Mary and Robert B. Bennett of 5058 Kingswood Drive, Carmel, Hamilton County,
State of Indiana "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board
98(19832104
of Public Works and Safety "City Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 06-15 -1998 At 09:46 am.
ENCROACHMNT 18.00
WITNESSETH:
WHEREAS, Owner is the owner of certain real estate "the Lot commonly known as 5058
Kingswood Drive, Carmel, Indiana, located in the County of Hamilton, State of Indiana, as more
particularly described as follows, to -wit:
Lot 78 in the Kingswood Subdivision Section 3, the Plat of which is recorded in Plat Book 16, Pages 1 -4,
Amended Plat Book 16, Pages 111 -112, Instrument No. 8813146, Cor. 89 -8905 in the Office of the
Recorder of Hamilton County; and
WHEREAS, Owner wishes to construct a basketball court on the Lot; and
WHEREAS, Owner has given a sketch "Sketch to the City depicting the proposed location of
the basketball court on the Lot, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit A; and
WHEREAS, the basketball court will be constructed on a portion of the Lot designated as a
Drainage, Utility and Sewer Easement "Easement identified as "20' D. U.E." on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the basketball court will encroach "the Encroachment
upon the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
[eb msword c encroach \bem ett doc.5/20/98] 1
WHEREAS, the installation of the basketball court as proposed by Owner on Exhibit A will 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 hereto now 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 the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the basketball court from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the basketball
court as it deems necessary, in its sole discretion, to install, protect and/or repair any utility
lines, sewer lines or drainage ditches located in the Easement, or for any other purpose, and
that should the City take such action, the City shall incur no obligations to repair, replace
or reimburse Owner for the cost of any damages caused thereby to the basketball court.
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, death,
destruction or damage to any property or improvements located on the Lot, or otherwise,
which results directly or indirectly from any act of the City, its employees, officers,
officials, invitees, licensees and agents in the Easement.
(c6 msword.c. \encroach\bennett.doc:5 /20/98) 2
5- 2771998 2 08P FROM P.
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 improvci :vents located
therein caused by the installation, construction, maintenance or operation of ,he basketball
court.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City with a recorded copy of same within five (5) business days of the
effective date of this Agreement.
8. The parties agree that the terms of this Agreement shall be binding upon and i.cure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are aut.:rized to
enter into and execute this Agreement for and on behalf of the party which thy represent.
10. This Agreement shall be effective as of the date it is last executed by a party h( .tto.
6♦ R" "CITY"
eC tAktdi 4Z7/1 g CITY OF CARMEL, INDIANA
Robert B. Bennett Date BY AND THROUGH ITS BQAT'D OF
P LIC WORKS AND SAP.
5
Mary Ben Date ames Brain: rd, P idi
Date: r,_ Tr
Ma Ann urke, ember
Date
Z.
Bill alker, Member
p
Date: Q� 41-91
A ST:
Diana Cordray 199 i J asurer
Date: l eC. i
�eEamtLLVrGtcfbncmcn lDmnat•doc:5 /EN9RJ 3
STATE OF INDIANA
SS:
COUNTY OF ;:z; 2, %4,
Before me, a Notary Public in and for said County and State, personally appeared &-9,'
(1 4 Malt! Tv-a 1 :1' by me known, and who acknowledged the execution of the foregoing "CONSENT
TO ENCROACH" as his/her voluntary act and deed.
Witness my hand and Notarial Seal this °Z1 day of 19'
ka}1.€441 g Ta/t/V
NOTARY PUBL C
My Commission Expires: 1\, 6h A I
1 '11 00 Printed Name
My County of Residence: •1
STATE OF INDIANA i r-
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, 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.
Witness my hand and Notarial Seal this 7 7'1) day of 19 9�
NOTARY PUBLIC
My Commission Expires: 5
Dr) Printed Name C;. j r
My County of Residence: Into per':• f
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
cb .msword.c:\encroach \bennett.dor5 /20/98] 4
APR 29 '98 03: 49PM P.4/41
U i b L 1 L1 t L V /-3 i ION Sri t fi U h 1
THIS REPORT IS DESIZ NED FOR USE BY A TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES,
NO CORNER MARKERS WERE SET AND THE LOCATION DATA HEREIN IS RASED ON UMITED ACCURACY
MEASUREMENTS, THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR
CONSTRUCTION OF. NEW IMPROVEMENTS OR FENCES.
This is to certify that the subject property does w does not X Ile within that Special Flood Hazard Area Zone "A°
The accuracy Is subject to map scale uncertainty and to any flier uncertainty In location or eievation on comm
Panel Number /bone 001$ C of the Eland insurance Rate Maps, effective date 5f/ j /3)
PROPERTY ADDRESS: 5052 KIngswoad Drive
PROPERTY DESCRIPTION: Lot 78 In KINGSWOOD SUBDIVISION SECTION 3 the plat of which Is recorded In
P.B.16,P.1- 4,Amended P.B.16,P.111.112,Cor.89 -8905, In the Office of the Recorder of Hamilton County,
Indiana.
N89 51' 08 "E 1
145.00'
N Ad}}chier's
2 0' D U .E. Light Pot ry 0
eracx: "rte
25'
r12. 310 1e-
/I LOT 7 ,q 201 D.& U.E
cn 0.439 Act
M
140 21_2 r Q
CI ;1---) ri e Lc c:i
94.7 say i a7i b
2 cwartaa n 2 story Hasa° (LOT 79)
Dow, trifacrupg C)
0 I I xa... co
33.5' tn
aa:•
I Pte' r, 35' B.L
kl____
o o.& U.Z.
N88 p 881 4174.73'
N
�28' 13 W 4
c. Kingewood Drive
Note: Porch 3' past B.L.
Garage 1.5' post B_L.
E.,< a A
TITLE COMPANY: LANDMARK TITLE COMPANY, INC.
LENDER! W.R. CLOUSE ASSOCIATES MORTGAGE COMPANY
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 to the best of my knowledge, this report conforms with the requirements contained In
rurrnaui%
Op pir/ oc _Cq
as k of ar e
,e• City r o N
�irrrarard�
September 1, 1998
Robert B. and Mary Bennett
5058 Kingswood Drive
Carmel, Indiana 46033
Re: Consent to Encroach
Dear Mr. and Mrs. Bennett:
This consent to encroach, which was approved at the June 3, 1998, Board of Public Works
meeting, was recorded by the Hamilton County Recorder's Office on June 15, 1998. Our office
received the recorded document from the Recorder on August 31, 1998.
Enclosed is a copy of the recorded document. We will keep the original in our office. If you have
questions, please call us at 571 -2414, or call the Recorder's Office at 776 -9618.
Sincerely,
Rebecca L. Martin
Deputy Clerk
e
enclosure: copy of signed encroachment
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400