21 Lakeshore Ct - Butler, Robert V 200300059354
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
06- 20-2003 At 11 :04 am.
ENCROACHMNT 23.00
APPROVED, AS TO
CONSENT TO ENCROACH FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Robert G. Butler, as Trustee for that certain Unrecorded Revocable Trust Agreement, created by R.G.B.,
as settlor, on August 2, 1983, as is further identified in attached Exhibit A, for the real property and
improvements created at 21 Lakeshore Court, Carmel, Hamilton County, Indiana 46033 "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 21 "Lot with a common address of 21
Lakeshore Court, Carmel, Hamilton County, Indiana 46033, in the Woodland Springs 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 Book 3, Page 20 in the Office of
the Hamilton County Recorder on April 21, 1967, as Woodland Springs, First Section; and
WHEREAS, Owner wishes to construct retaining walls and planters and has constructed a treated
wood walk and landing (the "Site Improvements on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed 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
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WHEREAS, the Site Improvements will be, and are, constructed on a portion of the Lot
designated as a Utility Strip (hereinafter the "Easement identified as "20' Utility Strip 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 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 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; and
WHEREAS, Owner and City acknowledge that no part of the swimming pool or concrete deck, as
indicated on the sketch and/or as built, shall be constructed in, or encroach upon, 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 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 Site Improvements from what is depicted on Exhibit B.
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4. 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.
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 act of Owner, its employees,
contractors and/or 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 and /or operation of the Site
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
[eb:rrsword:z:\ shared \dhill forms \butlerconsent.doc:4 /24/03) 3
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 themselves and 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"
ROBERT G. BUTLER, AS TRUSTEE OF THAT CITY OF CARMEL, INDIANA
CERTAIN UNRECORDED REVOCABLE BY AND THROUGH ITS BOARD OF
TRU: A N D BY R.G.B., AS PUBLIC WORKS AND SAFETY
SEVTIA k e( ST 198 r 7
'i4'
Robert G. B tier James Brainard, Presiding Officer
SSN: 7 c=C') Date:
Date: (-7----/rX°-) 22/i°'
Mary Ann Z urke, Member
Date:
Lori Watson .er
Date: O
ATTEST: 1 P L J o
1 iana Cordrky IAMG;• C -T leasuirer 3
1 Date: �1=:!
COY o
CIJ 1C StpvAE
[eb:msword z'shared forms \butlercotssent.da.4 /24/03] 4
STATE OF INDIANA
SS:
COUNTY OFZ4,
Before me, a Notary Public in and for said County and State, personally appeared ROBERT G.
BUTLER, AS TRUSTEE OF THAT CERTAIN UNRECORDED REVOCABLE TRUST AGREEMENT
CREATED BY R.G.B., AS SETTLOR, ON AUGUST 2, 1983, 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 ay of dr 2003
NOTARY UB� .S'fo J e. r
.JVgl
My Commission Expires:
o? c 2 0 r: Printed Name
.nd My County of Residence:
#„,,,,,,,-...,,-.1: *1 OF iiN Df NA
C.b t Y `OF HAMILT N
>u• OAT
Before''me anfNotarygPublic in and for said County and State, personally appeared JAMES
BRAINARD,\.MARY;ANN:-BT RKE and LORI WATSON, by me known �an by me know} t.00 Fop
Members of the City"ofaCarmel Board of Public Works and Safety, and DIA A' l BRAY, C``I r`k
Treasurer' of. THE CITY OF CARMEL, who acknowledged the execution of the foregoing Consent .To
Encroach" on behalf of the City of Carmel, Indiana. r,_�„ ,.i,.
AO Witness my hand and Notarial Seal this day of NA 20 D
a --:,,t4c.) Q.0 ua% y
NOTARY PUBLIC:
My Commission Expires:
An/A �4v/S t",
//Ay 7 Printed Name
My County of Residence: WiflAil rd Al
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb:rrsword:z:\shared \dhill forms \butlerconsent.doc:4 /24/03] 5
FROM' :BUTLER TOYOTA FAX NO. :3178486541 Apr. 01 2003 02:56PM P2
YUHNUSts UNLY ANU IS NUI A PART 2 Property Typo 5 premium 8 Survey Amendment
OF THE POLICY. 3 County, 6 Rate Rule 9 Additional Chains
185
3..... 5 8 7 8 9
lawyers 'jltle Insurance @rporation OWNER'S POLICY
Schedule A
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
THE POLICY NUMBER SHOWN
ON THIS SCHFOIII.F. MUST*
AGREE, WITH THE Pli1PRIN
L020- 486 -8099B March 4, 1986 $240,000.00 NUMBER ONIHE COVER SNEU 85-00- 614304
1 Namo of Insured:
ROBERT G. BUTLER, AS TRUSTEE OF •TILAT, CERTAIN UNRECORDED REVOCABLE TRUST AGREEMENT CREATED
BY R.G.B., AS SETTLOR, ON AUGUST 2, 1983
2. The estate or interest in the land described herein and which is coverod by this policy is:
FEE SIMPLE
3, The estate or interest referred to herein is at Date of Policy vested in:
ROBERT G. BUTLER, AS TRUSTEE OF THAT CERTAIN UNRECORDED REVOCABLE TRUST AGREEMENT CREATED
BY R• AS SETTLOR, ON AUGUST 2, 1983
4. Tho land referred to in this policy is described as follows;
Lot Numbered 21 in Woodland Springs, First Section, a subdivision in Ilamllton County,
Indiana, as per plat thereof recorded in Plat Book 3 page 20 in the Office of the
Recorder of Hamilton County, Indiana.
Morgan tv Associates, Inc,
couruw.•p.m...n Are, 0lhccr w Aucnt Insuno nr (6ornrionl
P, cy 86 (Rev. 2/79) INS Pulicy i s invnhr( unlosa rho rover 5 heei
Form No. 015.0.085.0000 /3 and Schndula 8 or nuer:hnrf ALTA Owner's Policy Form 8 1970 (Rev. 10-17-70 anti 10- 17 -8
Of1lGINAL Cnpvrlohl 1969
EXHIBIT "A"
PAGE 1 OF 2
FROM ':BUTLER TOYOTA FAX N0. :3178486541 Apr. 01 2003 02:57PM P3
IF TOTAL AMOUNT O NET
F
1
I. 95 b REAL ESTATE TAX STATEMENT LESSTHM1 ;25,W,THETO
PAYABLE HAMILTON COUNTY INDIANA DUE BY DATE OF FIRST INE FIRST INSTALLMENT DELINQUENT AFTER MAY 10
9�' T MINIMUM TAX BILL Ss.00,
•1 1 adlp Ek"' PENgLTYAfT CRUkLI�JO1tk-NT�DAarg�':�� '4
397
I 'r?!'`I +tj ,1 3�F
�i i�, •Xu N R.r�l�xi•'c'r' r :��XE1vI QRQ38 TAX EACH 3 5 HOMESTEAD d STATE ItlE7"T
INSTALL PROPERTY TAX OREDIT INSTO
id d CAi:MSL
.f .,.'r:,(':1 Iti'. .7rf,�11,:. 1 4A 17 a
I :P DESCRIPTION 1. TOTAL. RESIDENTIAL .I..
RATE B. 0 3 6 5 0 0 EDp DELINQUENT
R 16 1h' i)5- 01'-02--0 4.0OC PENALTY
I SECS 4' BR 4, L fi
TAX AND
1 y 9Y6 i
g -O5 TNP• 17 RANGE.- I ��0 I'- A
t,% 4' TOWNSH
t PLAT-642 Hf3L'ULA�1U SPRINGS PAY THIS
LOT- 21 BLOCK• 3 1�+ SCHOOLS �y, �99�� AMOUNT BY
>n *l1 AP LO.25 MAY10 2,1
1 t L19RARY
1 !;UT► rR,RO RT G A', rR Il}: �IjI PL CO UNTY 4 s c r
i g COPMLA REV C ORRECT STATE b. I i3i iS t I .1-- -0 r r I 1 ttlrrl r c
21 LAKE53{ORE_ CT ANY E TIF /OT... 1 tq v, s II ur nrl 1tt ritrtvrniI'i =q
CARMEL, IN I u033 ADDRESS TOTA 4 ?_�+b. 16 rratns rrl rlAliutmanutnr
s r I R l 1 811 Ir It c :L fl rl iii ii t tl lir l•`.
SEE BACK OF THIS 8TATEMENT FOR inn I I fi 11 Tyr rrll R r l 11 1
1 111 1 f 11 i I I I!
)1. ON VARIOUS NOTICES °t i:tt.i t•Aq ,41, ;_r x 4 r
EXHIBIT "A"
PAGE 2 OF 2
7Z/2362 NOTE: T S Should Not A SUBDIVISIONS
Be his us To Determine W EI H E E, �I G I N E E R S, 1 N C.
Property Lines Unless STREET DESIGN Survey Points Are Indi— LAND SURVEYS
cited SITE SURVEYS
CIVIL ENGINEERS LAND SURVEYORS
10515 NORTH COLLEGE AVE INDIANAPOUS, INDIANA 46280
TELEPHONE 846 -6136
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R_ 87? 4 ,s3
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I
EXISTING TREATED "1 I
J WOOD WALK AND LANDIN
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P;' PROPOSED
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EXHIBIT "B"
1222= EASEMENT ENCROACHMENT