12519 Sandstone Run - Clark, Randall/Kathryn 4
APPROVED, AS TO
u FORM BY:
lJ
Instrument
9809845540
1z
6.. CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered
into by and between Randall D. Clark and Kathryn S. Clark, husband and wife, of 12519 Sandstone Run,
Carmel, County of Hamilton, State of Indiana "Owner and the City of Carmel, Hamilton County,
Indiana, by and through its Board of Public Works and Safety "City
WITNES SETH
WHEREAS, Owner is the owner of certain real estate "the Lot commonly known as 12519
Sandstone Run, Carmel, Indiana, 46033, located in the County of Hamilton, State of Indiana, as is more
particularly described as follows, to -wit:
Lot No. 223 in Bayhill Section 7B, a subdivision in Hamilton County, as per Plat
thereof, recorded as Instrument #9623893 in Plat Cabinet 1, Slide 676, in the Office
of the Recorder of Hamilton County, Indiana
and
WHEREAS, Owner wishes to construct a five (5) foot high, picket -type wrought iron fence (the
"Fence on the Lot; and
WHEREAS, Owner has given a sketch "Sketch to the City 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
9809845540
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 08 -14 -1998 At 01:45 pm„
ENCROACHMNT 20.00
[eb msword r: \encroachklark dot 7/30/98] 1
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WHEREAS, the Fence will be constructed on portions of the Lot designated as Drainage, Utility
and Sewer Easement, Landscape Easement and Lake Access Easement (collectively, the "Easements
which are identified on the Sketch as "30' D.U. &S.E. L.E. which generally runs along the north and
northeast property line of the Lot and as "10' L.A.E. which generally runs along the south and southeast
property line of the Lot.
WHEREAS, the Easements are beneficial to the City and its residents; and
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 proposed by Owner on Exhibit A will not materially
interfere with the City's use of the Easements.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and for other good and valuable consideration, the sufficiency and receipt of which is 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 same
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 all 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 Exhibit A.
[a, msword.c: \=roach clack dot 7/30/98) 2
ate
4. Owner agrees that City shall have the right to remove any portion of the Fence it deems
necessary, in its sole discretion, to install, protect and/or repair any 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 caused thereby to the Fence.
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 or related to any bodily
injury, death, destruction or damage to any property or improvements located in or on the
Lot which results directly or indirectly from any act of Owner or Owner's 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 City with 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\clark.dot 7 /31/98] 3
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10. This Agreement shall be effective as of the date it is last executed by a party hereto.
"0 ER" "CITY"
/Xed j 7 I (0
CITY OF CARMEL, INDIANA
Randall D. Clark Date BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
5 C-Q /31 f a g/�
Kathryn S. lark Date s Brainard, Presiding Officer and Mayor
Date: off'
)44
Mary Ann urke, Member
Da 7A'
�l
Billy /Walker, Member
Date{
ATT
Diana Cordray I M C1 Treasurer
Date: g(6??
STATE OF INDIANA
SS:
COUNTY OF W:247-da-e /L
Before me, a Notary Public in and for said County and State, personally appeared Randall D.
Clark and Kathryn S. Clark, husband and wife, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as their voluntary act and deed.
Witness my hand and Notarial Seal this 3/ day of 19W
NOTARY PUBLIC
My Commission Expires:
)C0. 13( eA4 erSPh ?.1,9,`-
1 ri d-Po Printed Name
My County of Residence: A f i
[eb:msword c. \encroach\clark.doe.7 /30/98] 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 el day of au ,ua I 199.
NOTARY PUBLIC
My Commission Expires: l� 4
/2 PM G 2, )J4r7 °i j
00 Printed Name L
My County of Residence: �j
O,
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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500'00.00"E EXIST WOOD
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ENCROACHMENT AREA )40•(
EXHIBIT A
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C ity of C
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August 12, 1998
Randall D. and Kathryn S. Clark
12519 Sandstone Run
Carmel, Indiana 46033
Re: Consent to Encroach
Dear Mr. and Mrs. Clark:
Enclosed is a copy of your request for consent to encroach that was approved at the August 5,
1998, Board of Public Works meeting. The Hamilton County Recorder's Office returned the
recorded document to our office on November 19.
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,
///c'
Rebecca L. Martin
Deputy Clerk
cc: file
enclosure: copy of signed encroachment
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400
C ity of a e
'11'11
August 12, 1998
The Honorable Mary Clark
Recorder, Hamilton County
33 North 9th Street, Suite 309
Noblesville, Indiana 46060
Re: Consent to Encroach (Randall D. and Kathryn S. Clark)
Dear Ms. Clark:
I hereby certify the attached consent to encroach was approved by the Carmel Board of Public
Works Safety at its August 5, 1998, meeting.
Please contact me at 571 -2414 if you require further information.
Sincerely,
Diana L. Cordray
Clerk Treasurer
Enclosures: Check #2512 in the amount of $20.00
Consent to encroach
Self- addressed Stamped Envelope
Sent via certified mail receipt a 13q 3P1,-
cc: file, Randall D. and Kathryn S. Clark
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400