13827 Smokey Ridge - DeWitt, John/Annette 200 400027801
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
04 —c8 -2004 At 12027 m.
ENCROACHMNT 20.00'
C90 1
(.12
CONSENT TO ENCROACH
APPROVED AS TO FORM BY Ter
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
John M. DeWitt and Annette L. DeWitt, husband and wife, 13827 Smokey Ridge Drive, 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
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot Number 116 "Lot with a common address of
13827 Smokey Ridge Drive, Carmel, Hamilton County, Indiana 46033, in the Smokey Ridge 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 Plat Cabinet 1, Slide Number 231,
Instrument Number 9218830, in the Office of the Hamilton County Recorder on May 19, 1992, as
Smokey Ridge, Section Number 5; and
WHEREAS, the current Owner wishes to install a four -inch perforated, corrugated plastic sub-
surface drain on the lot "Site Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference
as Exhibit A; and
WHEREAS, the Site Improvement is constructed on a portion of the Lot designated as a
Landscape and Drainage and Utility Easement "Easement identified as "D UE LE" and
WHEREAS, the Easement is beneficial to the City and its residents; and
[eb.msword \forms \consents to encroach \dewitt consent.doc:3 /25/041 1
WHEREAS, as indicated on the Sketch, the Site Improvement 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, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit A; and
WHEREAS, the location of the Site Improvement as indicated by the 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 Site Improvements from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
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
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repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site
Improvement 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
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.
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"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
llo-r
John M. eWitt James Brainard, Presiding Officer
SSN: Date:
Date: 3— 3 c-
AML Far
Mary Ann Member
�L
Date:
/1_ J
Annette L. DeWit
Lori Wa er
SSN: �'O1 Date: q 7 /o
Date: 3- 31 0'f
ATTEST:
Ma Joh�so�
t Cfl�gh�om
x;43' 1-
P Tana Cordray I C I% er Treasurer
Date: 7� 7 10
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
1-11)m, SS:
COUNTY OF 110A-
Before me, a Notary Public in and for said County and State, personally appeared JOHN M.
DeWITT and ANNETTE L. DeWITT, 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 3c)t h day of M q Rc h 20 04.
ui L 1�
X /pfrykt_
NOTARY PUBLIC
My xpires:
057;29 Printed Name
My County of Residence: HAM,)/Ow
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 LORI WATSON, by me know an by, m own to the
Members of the City of Carmel Board of Public Works and Safety, and 1I�RI�rk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the ,foregoing "C'onserit• To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this '1' 'day of t 20a?".
CTiye.�a -iw�-
NOTARY PUBLIC
My Commission Expires:
`f /i ?/o Printed Name
My County of Residence: H44ml'.1'a4)
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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