11998 Woods Bay - Breier, Allan/Diana APPROVED, AS TO
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FORM BY:,
Instrument
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9809845541
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered
into by and between Allan Breier and Diana Breier, husband and wife, 11998 Woods Bay Place, Carmel,
Hamilton County, Indiana 46032 (the "Owner and the City of Carmel, Hamilton County, Indiana, by
and through its Board of Public Works and Safety (the "City
WITNESSETH:
WHEREAS, Owner owns certain real estate (the "Lot commonly known as 11998 Woods Bay
Place in Windpointe Subdivision, located in the City of Carmel, County of Hamilton, State of Indiana, as
is more particularly described as follows:
Lot 86 in Windpointe Subdivision, Section 4, the plat of which is recorded
in Plat Cabinet 1, Slide 545, Instrument #9534422 in the Office of the
Recorder of Hamilton County, Indiana 9809845541
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
and On 08 -14 -1998 At 01:45 pm.
ENCROACHMNT 20.00
WHEREAS, Owner wishes to construct a six (6) foot high, wrought iron, picket -type fence (the
"Fence on the Lot; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Fence, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Fence will be constructed on portions of the Lot designated as Drainage, Utility,
and Sewer Easements (collectively, the "Easements which are identified on the Sketch as "20'
DU &SE which generally runs along the west property line of the Lot and "10' D.U. &S.E. which
generally runs along the south property line of the Lot; and
WHEREAS, the Easements are beneficial to City and its residents; and
[cb msword c. \encroach \breier.doc.7 /24/98] 1
WHEREAS, as indicated on the Sketch, the Fence will encroach (the "Encroachment upon the
Easements, 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 indicated by Owner on the Sketch will not materially
interfere with City's use of the Easements.
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 is 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 they
were fully set forth herein.
2. 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, reconfigure or
otherwise change the Fence from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove all or any portion of the Fence as
City deems necessary, in its sole discretion, to install, protect or repair utility lines, sewer
lines or drainage ditches, to repair, improve or widen streets, to repair or replace sidewalks
or curbs located within or adjacent to the Easements, and/or for any other purpose, and
that, should City take such action, City shall incur no obligation to repair, replace or
reimburse Owner for the cost of any damages thereby caused to the Fence.
[eb:msword:c. encroach \breier.doc.7 /23/98] 2
5. Owner agrees to indemnify and hold harmless City, its officers, officials, employees,
invitees, licensees, guests 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 in or on the Lot, or
otherwise, which results directly or indirectly from any action or inaction of City, its
employees, officers, officials, invitees, licensees, guests or agents in or adjacent to the
Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair any damage to the Easements and any improvements located partially or
entirely therein or adjacent thereto caused, in whole or in part, by the installation,
construction, maintenance or operation of the Fence.
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 from the effective
date of this Agreement.
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.
[eb msword c: \encroach \breier dm 7/23/98] 3
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWN r R'' "CITY"
N 4 A Ni
Allan Breier CITY OF CARMEL, INDIANA
Date: I BY AND THROUGH ITS BOARD OF
P LIC WORKS AND SAFET
tte
Diana Breier ames Brainard, Presiding Officer and Mayor
Date: I a 7/ 9 e Date„,.
Mary Ann W. ur Member
Date: 9
V ���f
Billy Walker, Member
Date: -(5
ATTEST.
Diana Cordray,M easurer
Date:
STATE OF INDIANA
SS:
COUNTY OF
AaAfrPfli
Before me, a Notary Public in and forsayEl County and State, personally appeared Allan Breier and
Diana Breier, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as their voluntary act and deed. �f Q
Witness my hand and Notarial Seal this l day of 19! 62
NOTARY '1 :LIC L
My !•mmission Expi e le R. 54A-A
Printed Name
wor My County of Residence: M_)
r s
O
[cb.msword:c encroach \breier.doc 7/21/98] 4
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 4 day of (/1" t,44 19 l
NOTARY PUBLIC
1
My Commission Expires:
Pif/L°.C' C'� ���1 T �l� 1.
Printed Name O /4,/
My County of Residence: igovi7
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[cb \encroach \brcier doc.7/21/98] 5
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Instr. /9252064 ENCROACHMENT AREA,
Certificate Of Survey
I, the undersigned, a Registered Land Surveyor in the State of Indiana, do hereby certify that to the best of my knowledge, infor-
mation and belief, the within plat represents o Boundary survey made under my supervision in accordance with 865 IAC 1 -12.
Property Description:
Lot 86 in WINOPOINTE Section 4, the plat of which is recorded in Plat Cabinet 1, Slide 545, lnstr.j9534422 in the Office of the
Recorder of Hamilton County, Indiana.
Property Address: 11998 Woods Bay Place
5/8" rebar with red caps. *ere placed. this survey at ground level at lot corners based on existing monuments found in the
centerline of Woods Bay Place.'
EXHIBIT A_