1138 Cottonwood Dr-Boughton, Lyle/Donna cod
CONSENT TO ENCROACH
APPROVED, A TO
FORM BY:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Mr. Lyle
Boughton and Donna Boughton, husband and wife, 1138 Cottonwood Drive, Carmel, Hamilton County, Indiana
46033 (collectively "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety "City 199909965989
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
WITNESSETH: On 11 -10 -1999 At 11:58 am.
ENCROACHMNT 17.00
WHEREAS, Owner owns Lot Number 205 "Lot in Section 14 of the Cool Creek North Subdivision,
which is located within the corporate limits of the City of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on May 20 1986, in Plat Book 7, page 148; and
WHEREAS, Owner wishes to construct a fence (the "Fence on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the Fence on
the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and
WHEREAS, the Fence will be constructed on a portion of the Lot designated as a Utility and Drainage
"Easement identified as 7.5' U. D.E." on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence 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
WHEREAS, the installation of the Fence as proposed by the Owner on Exhibit A will not materially
interfere with the City's use of the Easement.
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NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein
and other good and valuable consideration, the receipt and sufficiency 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 the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure, move or
otherwise change the Fence from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fence City 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 obligation to repair, replace or reimburse Owner for the cost of
any damages thereby caused to the Fence, or otherwise.
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.
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 or operation of the Fence.
[thm swordAN docAs handkparks \forms\boughtonconsadrnaoachdoc 9 /23/991 2
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 five (5) business days of the effective date of this
Agreement. In the event Owner fails to timely record and provide City with a recorded copy of this
Agreement, Owner hereby authorizes City to do so, 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" "CITY"
CITY OF CARMEL, INDIANA
L�le Boughton BY AND THROUGH ITS BOARD OF
Date: a 2- 9 PUBL WORKS AND SAFETY,
�(T
6-&417/07-7k_ /C .77,a0t
Donna Boughton J es Brainard Presiding Officer
Date: 9 99 ate: t 9
Mary rke, rbe
Date:
r a/
Billy \alker, Member
Date: 4f
ATTES
•yl+ 477'
Diana Cordray, Clerk Treas' 7'
ure
Date: 16 a 4 t
rir
vy w
[elanswordA dots\shared\sparks forms boughtonconsmtanaoachdoc9 /23/99] 3
STATE OF INDIANA
SS:
COUNTY OF 116..,r, %,c.;J
Before me, a Notary Public in and for said County and State, personally appeared
L- i and 1 Q G 0 u .ko t-3 husband and wife, by me known, and who each
acknowledged the execution of the foregoing CONSENT TO ENCROACH" as his /her voluntary act and
deed.
Witness my hand and Notarial Seal this a day of 2� M �e—�— 19 ,s
NOTARY PUBLIC (I; a ,.f�
My Commission Expires: O
L ;S•a- L. rrx SV� S 1
l a, a o O (1 Printed Name
My County of Residence: 11 M,., r i •w I./
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 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 q day of N O V eil, \t 19%..•
4,1 i 'I' 1
NOTARY PUBLIC 1 1 rJ
My Commission Expires: I P rinted Name
I 17 -Ot() v...1..
My County of Residence: (kY I' I
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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:I:is is to e^_rtIfythat the subject
:operty is is 17 pt located
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.•eta fished b` the Department of
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Insuranr.e A dministration, as
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Lot 205 in COOL CREEK NORTH SECTION I-4
Indiana, as per plat thereof ln Hamilton Coun
-n the Office of the Recorder of Hamilton County, I 7, pa 148
y, Indiana.
1, the undersigned, hereby certify that the building is-situated
cn the above described rei'.1 estate and wholly within the boundaries
thereof. I also certify that the buildings Located on the adjoinin
properties do not encroach upon said property. g
C ?rtified May 20, 1986
Allan per. air.
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