14587/14588/14579 White Hall Cr/Goreman/Brodbeck/Martin HAMILTON INDIANA
JENNIFER J HAYDEN
J
C� ENCROACH�(T c. �r�.
VV CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
William E. Foreman, 14587 White Hall Circle; Allen and Gloria Brodbeck, husband and wife, 14588
White Hall Circle; William T. and Carol Martin, husband and wife, 14579 White Hall Circle; and Bon
'Carmel, Hamilton County,
Indiana 46033 (jointly and severally known as, "Owners and the City of Carmel, Hamilton County,
Indiana, by and through its Board of Public Works and Safety "City
WITNES SETH:
WHEREAS, Owners own in fee simple Lots Number 69, 70, 71, and 72 "Lots with common
addresses respectively of 14587, 14588, 14579, and White Hall Circle, Hamilton County, Indiana
46033, in Section Three of the Ashton 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 No. 297 in
the Office of the Hamilton County Recorder on March 2, 1993, as Ashton Section Three; and
WHEREAS, Owners wish to construct drainage improvements including the installation of a six
inch diameter perforated drain pipe in the rear yard swale (the "Improvements on the Lots; and
WHEREAS, Owners have given the City a sketch "Sketch depicting the proposed location of
the Site Improvements on the Lots, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit A; and
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WHEREAS, the Site Improvements are constructed on a portion of the Lots designated as a
Drainage and Utility Easement and Building Line, Drainage Utility, Landscape Non access Easement
"Easement identified respectively as a "7.5' D U E" and a "40' Building Line, Drainage Utility,
Landscape Non access Easement" on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachment upon the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owners and City acknowledge the location of the Encroachment; and
WHEREAS, Owners acknowledge that this Agreement does not imply any approval of existing or
future improvements not indicated by the Owners on Exhibit A; and
WHEREAS, the location of the Site Improvements as indicated by the Owners 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 so long as
(i) the Encroachment exists; and
(ii) Owners comply with the terms and provisions of this Agreement.
3. Owners covenant and agree not to extend, increase, modify, alter, reconfigure or
otherwise change the Site Improvements from what is depicted on Exhibit A.
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4. Owners agrees that City shall have the right to remove any portion of the Site
Improvements 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 repair, replace or reimburse Owners for the cost of any damages thereby
caused to the Site Improvements or to Owners.
5. Owners 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 City, its employees,
contractors and/or agents in the Easement.
6. Owners agree 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. Owners agree 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 Owners,
Owners agree and consents to City recording same, at Owners' 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.
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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.
"OWNERS" "CITY"
4
CITY OF CARMEL, INDIANA
William E.man BY AND THROUGH ITS BOARD OF
SSN: Pi 5 'M3 PUBLIC WORKS AND SAFETY
Date: 7-49
A
Allen Brodbeck p- �mes Brainard, Pr- Sidi g Officer
SSN: 3`3 4o? -`392S ate: 3
Date: g °n i
Mary Ann a i e, Member
Gloria Brodbeck Date: 7-e) SSN: �o 2.- 4. 7�
Date: 0 3 v�
Lori Wats ember
�'el:7A Jv Date: 3 0
William T. Martin
SSN: P/y 7Z'�i �f `A 0
Date.:. 0 3 ATTEST: .j,=
0 4444 r/iA‘I A CRLA;dc
Carol Martin i Tana Cordray, IAIVIC` V erk-Treasurer
SSN: DC,[t l i S q61
Date: f
11
Bcn Dcngfa Liu RETURN ORIGINAL TO:
SSN. SANDRA JOHNSON
Datc: CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN ,46032
IIui Zhang Liu
SSN.
Datc:
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STATE OF INDIANA
SS:
COUNTY OF 4 m L1,)
Before me, a Notary Public in and for said County and State, personally appeared WILLIAM E.
FOREMAN, 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 this25A day of I',(,( ,P,(, t 20
r 'ILEA 112i
NOTARY P UBLIC s.'
zr
My Commission Expires: I
ID 19 0 7 Printed Name
My County of Residence: C I.'ti
STATE OF INDIANA
SS:
COUNTY OF inQ•1Q or
Before me, a Notary Public in and for said County and State, personally appeared ALLEN
BRODBECK and GLORIA BRODBECK, 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 day of A 4 I (.L 4 20
NO ARY P :iC l
My Commission Expires:
kg 41
Printed Name v
My County of Residence LA E
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STATE OF INDIANA
SS:
COUNTY OF fl/ L IoN
Before me, a Notary Public in and for said County and State, personally appeared WILLIAM T.
MARTIN and CAROL MARTIN, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his or her voluntary act and deed.
11 j 1 200.'"""""y-
Witness my hand and Notarial Seal this0�j day of S/�
,,yy c. it
N u TARY P I IC r
My Commission Expires: I a: d:,.
ajJ O(Q ())00 O
Printed Name
My County of Residence: f)(, D
STATE OF INDIANA
COUNTY OF
Bcfuic ndc, a Notary PubliL iii and fui said County ai State, pcisuiially appealed BEN DENGFA-'
and HUI ZHANG LIU, by me known, and who acknowledged the execution of the foregoing "CONSENT
witness illy band and Notarial Steal this day of 20
48TARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence
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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 ncb y�,,me known to�tAe
Members of the City of Carmel Board of Public Works and Safety, and A ebibaY, 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 3 day of AA 1 2002.310, 4, s,. 7
i s
.r� t re
2-._
e 1
t
/t
NOTARY PUBLIC
My Commission Expires:
9 A4/41 r t
l/M/0 Y Printed Name m
My County of Residence: f7/9
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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