4772 Oxford - Howard, Michael/Debra 20030009150 1
F iled for Record in
n HAMILTON COUNTY, INDIANA
0 JENNIFER J HAYDEN
09 08 2003 At 1:43 pm.
ENCROACHMNT 2.0.00
CONSENT TO ENCROACH
APPROVED AS TO FORM a. 11,
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Michael Howard and Debra Howard, husband and wife, 4772 Oxford Place, 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 156 "Lot with a common address of 4772
Oxford Place, Carmel, Hamilton County, Indiana 46033, in Section 3B of the Brookshire Village
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 Book 11, Page 35 in the Office of
the Hamilton County Recorder on July 9, 1984, as Brookshire Village Section Three -B; and
WHEREAS, Owner wishes to construct drainage improvements including the installation of an 8"
PVC storm sewer pipe connecting to a 2'x2' catch basin (the "Improvements on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Improvements will be constructed on a portion of the Lot designated as a
Drainage and Utility Easement (hereinafter the "Easement identified as "7.5' D. U. E. on Exhibit
A; and
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WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Improvements will encroach (the "Encroachment
upon the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by the Owner on Exhibit A; and
WHEREAS, the installation of the Improvements as proposed by the Owner on Exhibit A will 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 Improvements from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the 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
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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
Improvements or to Owner.
5. 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 destruction or damage to any property or improvements located on the Lot,
or otherwise, which results directly or indirectly from any act of the City, its employees,
contractors, and/or agents in the Easement.
6. 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
Improvements.
7. Owner agrees 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 Owner,
Owner agrees and consents to City recording same, at Owner's 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.
9. The parties executing this Agreement represent and warrant that they are authorized to
f eb msword:z: \eng\ shared dhill \forms\howardconcent.doc:8 /5/03] 3
enter into and execute this Agreement for and on behalf of themselves and 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.
"OWNER" f.
"CITY"
CITY OF CARMEL, INDIANA
Michael Howard BY AND THROUGH ITS BOARD OF
SSN: 50 7 46 16 ct5" PUBLI ORKS AND SAFETY
Date: S
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Debra Howard lames BrainarPresigLingAficer
SSN: i ,e 1 (02- to.''57 Date: 41 11.2 pj
Date:
Mary Ann Burke, Member
Date:
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RETURN ORIGINAL TO: 1
SANDRA JOHNSON 1 i-.._..-5-.. 0,i• ,t-i-, H"
L y v
CITY OF CARMEL Diana Cordray CI rk,:-.T starer
ONE CIVIC SQUARE Date:
CARMEL IN 46032 1 -4
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL
HOWARD and DEBRA HOWARD, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as his/her voluntary act and deed.
hand and Notarial Seal this day of 003
1 I OTARY PUBLIC 1
Myicomnissior) Expires: ("3.61,\ 6,4 t :b Printed Name
My County of Residence: ocp
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 known and b 11 y' �T�t mr JnJ� kk,n,oW b the
_r�d��.
Members of the City of Carmel Board of Public Works and Safety, and IM CORD W: Clert-
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 ZD day of t9
NOTARY PUBLIC
My Commission Expires:
e. 4/1M) cap v�
9 9/a r Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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