5916 Silas Moffitt Way - Clancy, Kevin/Carol APPROVED, AS TO
2_ t on 1` n� CONSENT TO ENCROACH F
6.2 THIS C,ONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Kevin Clancy and Carol Clancy, husband and wife, 5916 Silas Moffitt 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
y 200000022213 g Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05 08 2000 At 02:39 pm.
WITNESSETH: ENCROACHMNT 18.
WHEREAS, Owner owns in fee simple Lot Number 92 "Lot in the Moffitt Farm at Prairie View
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 as Instrument #9804217 in Plat
Cabinet No.2, Slide No. 74 in the Office of the Hamilton County Recorder on January 29, 1998, as Moffitt
Farm at Prairie View, Section 2A; and
WHEREAS, Owner wishes to construct a Fence (the "Fence on the Lot and receive the City's
consent to an existing residential driveway (the "Driveway located on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Fence and the existing location of the Driveway, 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, and the Driveway is, constructed on a portion of the Lot designated
as a Drainage, Utility Sewer Easement "Easement identified as "10' D.U. S. E. en Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence and Driveway 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
[e6nssword s miillUomis \dNcycaisnt.doc.3116/001 1
WHEREAS, the location of the Fence and Driveway, as indicated by 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 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 Fence or Driveway from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fence or Driveway
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 Fence
or to the Driveway.
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 the Owner, its
employees, officers, officials, invitees, licensees and /or agents, in the Easement.
[e6 mo.orda: ilftomss \clmigconsmt dor 3/16 /001 2
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 Fence and /or
the Driveway.
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.
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10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
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CITY OF CARMEL, INDIANA
Kevin Clancy BY AND THROUGH ITS BOARD OF
Date: At!,_ 3 Q PUBLIC WORKS AND SAFETY
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Carol Clancy J. pies Brainard, Presiding Officer
Date: 1- s —lam 9 Date: -coo
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Mary Bu ke, Member
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Air Billy .i ,ep'r
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Diana Cord r
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Date: `'�x 40
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared KEVIN
CLANCY and CAROL CLANCY, husband and wife, by me known; and who acknowledged the execution
„A
of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this day of cup--4-4—(-
.fi �7'�• -'Ir )4, 4 ,.•1
L� "^..tee *1M* o_
L 0. 041, NOTARY PUBLIC Q z
My Commission Expires: ;9i,.,�!ww;.o
4 s o w L. j'1'1 e e- tJ
00(o Printed Name °fs'
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRATNARD, 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.
t 0 i is M
Witness my hand and Notarial Seal this day of 'D ri I
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NOTARY PUBLIC
My Commission Expires: f 5
'DIY
1 t uoyM )J
/2 0 Printed Name
My County �'I9 Count of Residence: `l /7
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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SANITARY SEWEI. .,7.' S'.4.:
MANHOLE j..,
EXHIBIT A
;xxx5 ENCROACHMENT
r
September 6, 2000
Mr. and Mrs. Kevin Clancey
5916 Silas Moffitt Way
Carmel, Indiana 46033
RE: Consent to Encroach
Dear Mr. and Mrs. Clancey:
Enclosed please find a copy of your request for Consent to Encroach for your records. We
recently received the recorded document from the Hamilton County Recorder's Office.
The City of Carmel Clerk- Treasurer's Office will maintain the original document in our office.
If you have any questions or concerns, please do not hesitate to contact me at 317.571.2413.
Sincerely,
COPY
Carrie A. Groce
Deputy Clerk- Treasurer
Enclosure
cc: Department of Law, City of Carmel