5400 Woodfield Dr - Freytag, William/Janet n 196217
Filed for 'ecord in
)S HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05- 28-1996 At 09:12 am.
ENCR 28.00 0
Vol. 0 Page
CONSENT TO ENCROACH
THIS CONSENT TO E SROACHMENT (hereafter "Agreement is hereby made and
entered into this Ili day of A 1996, by and between JOHN R. DAWSON and
DEBRA S. DAWSON, husband and wife, of Hamilton County, State of Indiana (hereafter
"First Party and Public Service of Indiana, Indiana Gas Company, Ameritech, Indianapolis
Water Company, Indianapolis Power and Light, and Carmel Board of Public Works and Safety,
State of Indiana (hereafter, collectively referred to as "Second Parties
WITNESSETH:
WHEREAS, J. William Freytag and Janet S. Freytag, husband and wife, (hereafter
"Freytags were the owners of the real estate located in Hamilton County, State of Indiana,
commonly known as 5400 Woodfield Drive North, Carmel, Indiana, located in Hamilton County,
State of Indiana and being more particularly described as follows, to -wit:
Lot Number 127 in Woodfield, Section Five an Addition in Hamilton County,
Indiana, as per plat thereof, recorded as Instrument No. 8908377, in the Office of
the Recorder of Hamilton County, Indiana (hereafter "Lot
WHEREAS, Freytags thereafter conveyed the Lot to the First Party;
WHEREAS, located on the Lot are certain improvements, including but not limited to, a
pool and a surrounding concrete deck (hereafter "Pool and a residence;
WHEREAS, a survey was prepared by Vasco J. Kirby, L.S., Registered Land Surveyor,
Certification Date of September 6, 1995, a copy of which is attached hereto and incorporated
herein by reference as Exhibit "A" (hereafter "Survey which depicts the location of said
residence and Pool, in relation to the Lot;
WHEREAS, there is located on the Lot a fifteen (15') foot drainage and utility easement
(hereafter "Easement which runs along the back, northeastern part of the Lot, and which
Easement is highlighted in blue on the Survey;
1
WHEREAS, the Easement exists for the benefit of the Second Parties;
WHEREAS, as is indicated on the Survey, the Pool encroaches upon the Easement and
said encroachment shall hereafter be referred to as the "Encroachment";
WHEREAS, First Party and Second Parties acknowledge the existence of this
Encroachment and consent to the continued existence of the Encroachment; and,
WHEREAS, The parties hereto agree that the terms of this Agreement shall be binding
upon and inure to the benefit of their respective heirs, administrators, successors and assigns.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS, that for and in consideration
of the mutual covenants and agreements herein contained as set forth, and other good and valuable
consideration, the sufficiently and receipt of which is hereby acknowledge, the parties hereto now
mutually promise, agree and covenant as follow, to -wit:
1. The foregoing preambles, recitations and definitions are made a part hereof as such are
fully set forth herein;
2. Second Parties hereby consent to the Encroachment for only so long as the
Encroachment exists;
3. First Party hereby covenants and agrees not to extend or increase Encroachment beyond
that which exists on the date hereof and as such is indicated on the Survey;
4. First Party hereby agrees to indemnify and hold harmless Second Parties, their
respective officers, officials, members, employees and agents from and against any and all loss,
liability, claims, judgments, costs (including attorney fees and court costs), damages, including
bodily injury and death, occurring on the Lot and resulting directly or indirectly from Second
Parties' acts within the Easement.
5. The parties hereto agree that the terms of this Agreement shall be binding upon and
inure to the benefit of their respective heirs, administrators, successors and assigns.
2
6. This Agreement has been executed by the parties hereto in several counterparts, each of
which shall be deemed an original copy and, when executed signatory pages of each shall be
attached hereto, this Agreement shall have the same force and effect as if only one (1) original
Agreement was executed by all parties hereto. The First Party hereby agrees to record this
Agreement in the office of the Hamilton County Recorder and to provide to the Second Parties,
copies of the Agreement bearing the recording information.
This document was prepared by James E. Shinaver, Attorney at Law, representing
J. William Freytag and Janet S. Freytag.
"F ST PARTY"
r 6) [6,.
Jo 1 R. Dawson
Dated: 3( z5! (1 6
c airu, 4. JJLtV11j
Debra S. Dawson
Dated: 0Z5 q 6
l
3
`:EF•._1.2 (1EZ. )2:44 FM F C TUCKER MER HORTH 1.173444200
F. ?1t
ilL A
.3 3 (.3 t 1 I C
SURVEYOR LOCATION .REPORT
THIS REPORT IS DESIGNED FOR USE BY A nTLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES. NO CORNEA MAR/C6RV
WERE SET AND THE LOCATION D,txA mom IS BASED ON LIMITED ACCURACY M&ASLIREMENTS. THEREFORE, NO LIABILITY WILL BE
ASSUMED FOR ANY VS 6 OF TNIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES.
PROPERTY ADDRESS: 5400 Woodfield Drive North, Carmel, Indiana
PROPERTY DESCRIPTION: Lot 127 in Woodfield Section Five
as the la recorded ill I nst. 18908377
to the Office of the Recorder of Hamilton County, state of Indiana.
BUBIEOT. METER, TO ALL BASEMENTS RIOETS OP Wef OP RECORD.
FLOOD HAZARD STATBM9N7;
RESIDENTIAL STRUCTURE 13 I8 NOT LOCATED IN A SPECIAL FLOOD HAZARD DONE A, As SAtD TRACT PLOTS BT
SCALE ON COMMUNITY PANEL NUMBER T 80081 -0004C OF TEE FLOOD INSURANCE RATE MAPS.
Bl p
O insoles CAPPED REAR FOUND
X G kf HATS*
400104 LAG LOT 127 `E....
4RCMIpN AMA c4N't 3.: Cs)
Al ,a 1 maul rev
lai P. `V :3
N.
Iss -..4 •tele P 414, K
4, 4
1( t :op .7' 4‘
Y
NORTH �i.
SCALE 1' P 40'
NOTES y+ i,-
1) IBIENTI ON AREA ES LOCATION OF a F�
(KtENE551
2) VIOLATION OF 15' D. t U.C. 6Y PUI i ARIA cum
POOL ,t, A4 ACA 4172.1317 S) P L O AI f A5T E cot E OVE
a) CONC. WAX ENCRoACMNENT
OYER 80UTHWEATERLY UNE.
NOTE: NO VISIBLE EVIDENCE OF POSSESSION FOUND EXCEPT AS NOTEn.
TITLE CO: FIRST TITIA OF INDIANA
REFERENCE NO: 11924875C
I }1 Y.RY.ttY CFRTIYY TO THE PARTIES NAMED ABOVE THAT TI(E REAL ES'TATC Dr,8 G1lIRED HP.RP,1N WAS INRPF,CTCA UNDER MV
S U E RtiS I ORLM1 NTS CONTAIN INS CTIONS 42 OUCH 44 06 0 a I4C 1 t 13 FOR A SURVEYOR LOCATION RGt ONT. 5 ACCiIRAI ti
(NCpRTAL tN I OCATIDN UH T.1 YVA 110'1 O T IE T 11 k H E YY. R£NCEDTFLO P INSL RANCH t E Rw MAPNC 1'.11NTY AND TO ANY OTHER
PROPOSED OWNERZ DAWSON, John R. and Debra S. G5Tf
PROPOSED LENDER: No. 60225
STATE OF
S eptember 6 1995 `.AO!' p
"4'01{
CERTIFICATION DATE 4 S
SURVEYOR'S SIGNATURE i
KIRBY BROS. SURVEYING CO. n .n� z .;,o-
t< r f q i n r
Vasco J. Kirby, LS. 7 EXHIBIT q''
CfC 4333 West 96th Street l »dianepoll$, Indiana 46268
9,0A0602. Office 876-8188 FAX 570.8180 4 k
'11I1 !Sal z, d
SC,
STATE OF INDIANA
SS:
COUNTY OF Harm e n i) .-U a r:
Before me a Notary Public in and for said County and State personally appeared John R.
Dawson, an adult of Moir I n County, State of Indiana, and acknowledged the execution
of the foregoing Consent to Encroach.
Witnesseth my hand and Notarial Seal this ZS day of °I 1994!
My Co 7 n Expires:
//i
otary Public
My County of Residence is JOk °Y1 Printed: Ilk I I 6 /uye3Le—
1. 0,11 �Y
STATE OF INDIANA 7, 3
aA, SS:
COUNTY OF ,WW1
''f,,
Before me a Notary Public in and for said County and State personally app ea! d Debra S.
Dawson, an adult of G(1 v County, State of Indiana, and acknowledged the
execution of the foregoing Consent to Encroach.
Witnesseth my Nand and Notarial Seal this 26 day of /Wk4eh 1996.
My Co i sion Expires: /1/ j /67
N Public
My County of Residence is jV 0911 Printed: /ll iiC` L 6/0 ye6K,
4
y,
6` e
"SECOND PARTIES"
By: Public Service Indiana
Title: 7 /Vast ale r 1 i
Dated: //St,
STATE OF INDIANA: t lr! i 0
COUNTY OF H
.aYi. L•i na5.
Before me j otary Public in d for said County and State personally appeared
for s% the of Public Service Indiana, acknowledged
execution of the foregoing Consent to Enc oach on behalf of Public Service Indiana.
Witnesseth my hand and Notarial Seal this 4- day o 1991
My Commission Expires:
f o .;1 Public 1`
My County of Residence is hiatie(g.i< Printed: :c e i t e /O1 C t)ttei
5
0
By: Indiana Com an
.41
Title: A Q**—( seAi0h tlia
r,
'1 :1 i 'rr
Dated: a yC, h ti
STATE OF INDIANA
SS:
COUNTY OFAOM.-O art +iJ is
Before me a Notary Public in and for said County and State personally appeared
ZUmi D. the h1 of Indiana Gas Company, acknowledged
the execu n of the foregoing Consent t Encroac on behalf of Indiana Gas Company.
99
Witnesseth my hand and Notarial Seal this day of 1-495'
Commission Expires:
/y 94 1_,,,..L. A
N• ary Public
My County of Residence is ki� Printed: /»f}2'4y,J fl r 4sJ'r
6
By: Ameritech
John C. Ellis
Title: Manager Right of Way Department
Dated: January 12, 1996
STATE OF INDIANA
COUNTY OF MARION
Before me, the undersigned, a Notary Public, in and for said County and State, this
12th day of January, 1996, personally appeared, John C. Ellis, known by me personally and
known by me to be the Manager -Right of Way, respectively, for Indiana Bell Telephone
Company, Incorporated, d /b /a/ Ameritech Indiana, who for and on behalf of said
corporation and as such official, acknowledged the execution of the foregoing indenture to
be the free and voluntary act and deed of said corporation, for the uses and purposes
herein.
,o`"e, 1 B EN dgrad.,44-' -64'
o";". 17 Benedict E. Cobb, Sr. Notary Public
4 Resident of Marion Count Indiana.
y Y�
My commission expires July 10, 1997
r,`T �4lttl tt µ'5t
7
t
/e% r 2 .ER vi cE re aRy
By: Indianapolis Power and Light
dLight
7 7 7 Z- 6>e Title: I) t .5TR.t?1QTtorrl Enoc.,tNEE/L.
Dated: I 2 /9(
STATE OF INDIANA
may,' SS:
art
COUNTY OF JOYJ
Before me a Notary Public in and for said County and State personally appeared
I (4n L I,( /&i- the eg1pl -P_t', of Indianapolis Power and Light,
acknowledged the execution of the foregoing Consent to Encroach on behalf of Indianapolis
Power and Light. r�
Witnesseth my hand and Notarial Seal this oL nd day of G� 199
My Commission Expires:
1/ 025 98 -r- ,ir
Notary Public
My County of Residence is h Printed: )mod //"f?!
YP
0
a 4
7 A C`
9
By: City of Carmel Board f Public Works and Safety
Title:
Dated: t
STATE OF INDIANA
SS:
COUNTY OF Hamilton
Before me a Notary Public in and for aid and State personally appeared
Jomes erarriQira the MQyor/ r idl ty f Carmel Board of Public Works
and Safety, acknowledged the execution of the foregoing Consent to Encroach on behalf of the
City of Carmel Board of Public Works.
Witnesseth my hand and Notarial Seal this is'f day of 199/
a
My Commission Expires:
Febru vy 2000 1; .,`.,e.
Notary Public I
My County of Residence is rffiil f O q Printed: 1111 A4
APPROVED AS `'t•.
FORM BY: U
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