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11947 Tarrynot - Downham, Mark RECEIVED: 5- 13 -97; 9:26AM; 3178443498 ERNST YOUNG LLP; #2 MAY -13 -97 TUE 09 CITY OF CARREL, MAYOR FAX NI ,3178443498 P, 02 OD t. Instrument �lr P��V��, ©f.jo 1 9709722287 FORM e To @F_______ CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereafter, "Agreement is hereby made and entered into by and between Mark E. Downham of Carmel, Hamilton County, State of Indiana "First CC cN Party"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WHEREAS, First Party is the owner of certain real estate "Real Estate') commonly x G known as 11947 Tarrynot Lane, Carmel, Indiana, located in the County of Hamilton, State of Indiana and being more particularly described as follows, to wit: Lot Number 64 in Section 3 of Stonewick at Waterstone WHEREAS, located on the Real Estate are certain improvements, including but not limited to, a residence "Residence'); and WHEREAS, First Party wishes to construct on the Real Estate, a deck (hereinafter, "Proposed Deck and WHEREAS, First Party has presented a sketch "Sketch" depicting the a z a Residence and Proposed Deck on the Real Estate, a copy of which Sketch is the hereto annd n incorporated herein by reference as Exhibit A; and o WHEREAS, there is located on the Real Estate a 30 foot Drainage, Utility and Sewer easement "Easement which runs along the eastern section of the Real Estate, and which mm Ym Easement is labeled "DU&SE" on the Sketch; and o OEm 1— r-- ti ¢--i z aD f J I M WHEREAS, the Easement benefits the City; and CU CU I— oz z a CU J 1 a WHEREAS, as is indicated on the Sketch, the Proposed Deck will encroach upon the r Q Q c Easement (the "Encroachment which Encroachment is crosshatched on the Sketch; and a z W WHEREAS, First party and City acknowledge the location of the Encroachment; and WHEREAS, First Party and City agree that the terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, successors, and assigns. NOW, THEREFORE, for and in consideration of the covenants and agreements herein contained 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/or definitions are made a part hereof as though they were fully set forth herein. 2. The City hereby consents to the Encroachment for only so long as the Encroachment exists. 3. First Party hereby covenants and agrees not to extend nor increase the Encroachment beyond that which is indicated on the Sketch. 4. First Party hereby agrees that City shall have the right to remove any portion of the Proposed Deck as it deems necessary, in City's sole discretion, to protect and/or repair utility and/or sewer lines contained within the Easement. 5. First Party hereby agrees to indemnify and hold harmless City, its employees, officers, officials, members, employees, invitees, licensees, agents and legal I RECETVED -97 TUE 09 317844 3498 CARMEL LLP; FAX NO. 3178443498 P. 03 r. representatives, from and against any and all losses, liabilities, claims, judgments, costs (including, but not limited to, attorney fees and court costs) and damages (including, but not limited to, those claimed as a result of any bodily injury or death to persons and/or the destruction of property) occurring on the Real Estate and resulting directly or indirectly from City's or any other person's acts within the Easement related to or on account of the Encroachment. 6. First Party hereby agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City copics of same bearing such recordation indicia within five (5) business days of the execution of this Agreement by the parties hereto. 7. The parties represent and warrant that they are each authorized to enter into this Agreement and that each party executing same has the authority to bind the party which it represents. 8. If any provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. 9. This Agreement represents the entire understanding and agreement between First Party and City with respect to the subject matter hereof and supersedes all prior negotiations, representations and/or contracts, either oral or written, regarding same. IN WITNESS WHEREOF, First Party and City have entered into this Agreement, which shall become effective and binding on the date on which the last of the parties hereto executes same, as follows: FIRST PARTY CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety: a L By: By �w /C...-°- Mark E 3 7 Ja s Brai Mayor Date: E Dar: Mary Ann e, Member ,r�'"o ;..v t l P Date: S a W I ,,c Bllly Walker, Member 4 F, y Date' -'t r i� 'i .c-, Z �.I ATTE ^i v r s,,, Diana L .Co s a reas Date: b J This Instrument prepared by Debra M. Grisham, Attorney at Law, One Civic Square, Carmel, Indiana 46032. 2 ECEIVED: 5 9:27AM; 3178443498 ERNST YOUNG LLP; #4 MAYOR FAX N0. 3178443498 P, 04 MAY -13 97 TUE Be CITY OF CARMEL, STRAW BALES OR SIL ENCE SHALL BE INSTALLED PRIOR TO CONSTRUCTION. \ETO XI STING SWAL.E NO GRADING BE DONE IN THIS AREA 52.8 X30.1 1 52.1 50.5 FLOW L1NE /1 e e 31.6' to 30' DU 1.6' j 52.7 j 66 W 7 4% t 4 0 ,�Aas 53.6 g -of t .G 2:16e4t W 44 Ct to 4.4 A lo 9.0' 40 Ts¢ C ms 5 6 'ke 8.9' te e.., 744 53.6 --ti su 4 8.9' A e' d0' AIP w i as 41, j Zi 74P: cv ,tr 5 2. T1 °t" 53.6 Dlaw 152.21 1 a 35' BL I MU SAN. 4 SEWER 15' DU 45 AS -BUILT LATERALS 1_,5_18, SE I STOP HERE 52.0 A M ilMillri EC. 752.0 5.3 7' PER SAN. SEWER rMi l 5 1 T•C. 750.9 RECORD DRAWING 4'WALK V PER SAN. SEWER APRON X1 RECORD DRAWING ROLL CURB PLOT PLAN LOT ft 64 5 PER PLAN SSD STONEWICK TARRYNOT LANE SECTION THREE INSTR. 93 -49814 50' R/W PC 1 SLIDE 364 WATER UNE 11947 TARRYN T LANE r EXHIBIT