12498 Brooknell Ct - Gans, Fred/Kari APPROVED, 3TO
CONSENT TO ENCROACH FO ;z BY:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Fred E. Gans and Kari D. Gans, husband and wife, 12498 Brooknell Court, 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 134 "Lot in the Lakes at Hazel Dell
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 #199909944846 in Plat
Cabinet 2, Slide 295 in the Office of the Hamilton County Recorder on July 29, 1999, as The Lakes at
Hazel Dell, Section 1; 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, 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 a Drainage, Utility
Sewer Easement (the "Easement identified as "10' D.U. S.E." on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence encroaches (the "Encroachment upon the
Easement, which Encroachment is crosshatched on the Sketch; and
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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 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 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
to repair, replace or reimburse Owner for the cost of any damages thereby caused to the
Fence.
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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 and /or the Encroachment in the Easement.
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
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
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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.
11. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBL1 WORKS AND SAFETY
Fred E. "arts J nes Brain. d, Pres iin" Officer
SSN: 7 61--/at 5 Date: -2 [l
Date: L i' 01-6- `.L4AMF
Mary Ann lurke, Member
Date: S —Of
/OA) ID. idA1,4 4/
Kari D. Gans A
SSN: 3 7 Billye alker, Member
Date: (p Date: 0.5 -ef- e/
ATT ST:
Diana Cordra, 1AMC, CILIk reasurer
Date:
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STATE OF INDIANA
SS:
COUNTY OF I4,w:. 1
Before me, a Notary Public in and for said County and State, personally appeared Fred E. Gans and
Kari D. Gans, 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 c (Aq day of /400-. 1 20 I.
NOTARY PUBLIC
My Commission Expires:
0 (o Printed Name
sP A4
My County of Residence: -�a SSION••.
AUG mL
12 12 y•
STATE OF INDIANA o: 2006
SS:
COUNTY OF HAMILTON `00o..
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.
Witness my hand and Notarial Seal t pis day of !t 200/.
Ctatku f(LLQ&
N OTARY PUBL
My Commission Expires:
6. a 1141 fitiK
Q 3-0i Printed Name
My County of Residence: HaMtri, nt% `1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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THE LAIC AT HAZEL DELL
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