Carrington Circle - Frey, John/Shannon CONSENT TO ENCROACH APPROVED, AS
0
FORM ®Y:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by anwetween
John R. Frey and Shannon K. Frey, husband and wife, 5183 Carrington Circle, 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 3 "Lot in the Carrington Woods
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 #8745596 in Plat Book
14, Pages 119 -120 in the Office of the Hamilton County Recorder on October 23, 1987, as Carrrington
Woods; and
WHEREAS, Owner wishes to construct a Fence (the "Fence on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch 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
WHEREAS, the Fence will be constructed on a portion of the Lot designated as Drainage Utility
Easements and Green Belt Buffer Area (the "Easements identified as "20' D. &U.E. and Green Belt
Buffer Area" and "10' D.& U.E. on Exhibit A; and
i,„ a; m,d�Uunns }ryron <nn a� :varoo� 1
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence encroaches (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 location of the Fence as indicated by Owner on Exhibit A, should 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 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 Encroachment and /or the Fence from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fence 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 any or all of the Easements, or for any other
lawful purpose, and that, should the City take such action, the City shall incur no obligation
m.words \d1u11V'omi•UlrymmrnLdor 7/3/00] 2
to repair, replace or reimburse Owner for the cost of any damages thereby caused to the
Fence.
5. It is solely the Owner's obligation to ensure that the Fence does not impede drainage so as
to create drainage problems on adjacent properties. This obligation shall include all
necessary maintenance and repairs to all Fence components, including the removal of any
debris collected on Fence panels.
6. 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 and /or damage to any property or improvements, located
on the Lot, or otherwise, which results directly or indirectly from any action or inaction of
the Owner, its employees, officers, officials, invitees, licensees and /or agents, regarding or
related to the Fence or the Encroachment in the Easements.
7. 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, or due
to Owner's obligations, responsibilities, actions or inactions as set forth herein.
8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
[eb.nnzsord =:\dliillUom.WrryconeenLdor 7/3/00[ 3
to provide to City with a recorded copy of same within ten (10) business days from 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.
9. 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.
10. The persons 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.
1 1. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY" 1 6,_?_„„ ut
Gam.
CITY OF CARMEL, INDIANA
Jo1 Frey BY AND THROUGH ITS BOARD OF
SSN: 7- 2 6 PUBLIC WORKS AND SAFETY
Date: 7/// /4c
A l Ja es Brainard, Presiding Officer
Shannon Fey Date: 7 to
SSN:U 3 10 I
Date: 7/ 1 /CO I i
Mary Ann urke, ember
111 ate .7
411Itl
Billy alker, Member
Date:
ATTES
2
Diana Cordray TAM, Clerk- r asurer
Date: 'l ,27
1eb.m=HordsidlulMormq frcvam<an dor 7/3/001 4
r
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared JOHN R. FREY
and SHANNON K. FREY, husband and wife, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as his voluntary act and deed.
Witness my hand and Notarial Seal this 1 day of �ul 2000.
f/1
NOTARY PUBLIC
My Commission Expires:
,'s w L
a aooC Printed Name
My County of Residence: 00,yr,(..-)
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. (hay) Witness my hand and Notarial Seal this 'day of U L(_f 20 Ca
C,�,�C� C, 9_( f G' cc
NOTARY PUBLIC
My Commission Expires:
C C,4 ;r!l'r c CL
811c Printed Name
My County of Residence: fiel/i1_ tie K�
ti
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carniei;
Indiana 46032.
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EXHIBIT A
'1Z.:r1 ENCROACHMENT
Land Description
Lot #3 in CARRINGTON WOODS, an addition to Clay Township, Hamilton County.
Indiana. as per plat thereof recorded as instrument number 87045596, Plat
Book 14, pages 119 -120 in the Office of the Recorder of Hamilton County.
Indiana.
I, the undersigned hereby certify that the above plot plan and description to be
true and correct to the best of my knowledge. information, and belief, and is
NOT intended or represented to be a property line survey and does NOT purport
to be sufficient for the location of corner stakes or the establishment of
property lines.
WITNESS my hand and Registered Land Surveyors Seal this 1st day of April, 1999.
1 1NU Worn,
4 9¢ P E T S
�GL STE R� ti
j o N0. 0 Prepared By E
Robert D. Peterson 1
1 9600005 1 OF MUMS LAM SURVEYING
STATE OF
State
t of l nd na No. 8800005 '%�(9,' .•'^'aIANP. O 4 10130 East 96th Street ere
r, ,r Fishers, Indiana 46038
SURV (317) 849 -4877
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