4716 Bentley - Johnson, Roger/Rosemay .4) 200300126604
Filed for Record in
t HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
12 -23 -2003 At 11 :20 am.
ENCROACHMNT 22.00
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Roger A. Johnson and Rosemary A. Johnson, husband and wife, 4716 Bentley Drive, 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 199 "Lot with a common address of 4716
Bentley Drive, Carmel, Hamilton County, Indiana 46033,,in 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 Plat Book 14, Page 45 as
Instrument #8729102 in the Office of the Hamilton County Recorder on August 7, 1987, as Brookshire
Village, Section 3B Replat; and
WHEREAS, the Owner wishes to construct a block retaining wall (the "Wall a drainage swale
(the "Swale a gravel path (the "Path and plant landscaping (the "Landscaping on the lot
(individually and collectively referred to hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Site Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference
as Exhibit A and Exhibit B; and
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WHEREAS, the Site Improvements are constructed on a portion of the Lot designated as a
Drainage and Utility Easement "Easement identified as "10' Drainage Utility Easement" on Exhibit
A and Exhibit B; 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, 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 Owner on Exhibit A; and
WHEREAS, the location of the Site Improvements as indicated by the 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 Site Improvements from what is depicted on Exhibit A.
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4. Owner 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 Owner for the cost of any damages thereby caused to the Site
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 any destruction or damage to any property or improvements, located on the
Lot, or otherwise, which results directly or indirectly from any act of Owner, 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 Site
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
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benefit of their respective heirs, administrators, successors and assigns.
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.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
41.
BY AND THROUGH ITS BOARD OF
PUBLI WORKS AND SAFETY
Roger A. 'ohris.
NO mes Brainar Presiding Officer
SSN: 0 I f.. At "AL, et Date: 4/ j z
Date: D 0,5 „ie....2
Mary ember
Date:
Cdtxtrni QL,4011) 1� a
Rosemary A. J1 nso Lori Watson, e '.er
SSN. Oil/ 74 Cny An'A��e i Date
Date: IO X03
AT EST:
Tkii• 1 0111"n9
41.4 At tiA t Clods. itOle
Diana Cordray, A Jerk- Treasurer
Date:
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
)1i/h. SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared ROGER A.
JOHNSON and ROSEMARY A. JOHNSON, 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 A. ,3 day of 200 3
/i
N AR /'UBLIC
My Commission Expires:
\la L -7 G 4-r
026 c? o 1/ Printed Name
u
My County of Residence: 11/
i
STATE OF INDIANA c`.
SS: r. F"•• ;;:ei ,r 1 c!.
COUNTY OF HAMILTON Iii
Before me, a Notary Public in and for said County and State, personally a ppeared0JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me know s b I own o be t
Members of the City of Carmel Board of Public Works and Safety, and DIA O A e�k
A
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing• ",Con4ent To
Encroach" on behalf of the City of Carmel Indiana.
Witness my hand and Notarial Seal this 5' day of s 20,3
e a
NOTARY PUBLIC
My Commission Expires:
a. 4 1 an ba✓L S
V /qw g Printed Name
My County of Residence: 6 4 I
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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EXHIBIT "A”
ENCROACHMENT
1
I
P e s i a n' H s i L'o a i 5 6 LE r `e a y
SURVEYOR LOCATION REPORT
PROPERTY ADDRESS: 4716 BENTLEY DRIVE
CARMEL, IN 46032
LAND DESCRIPTION: T10N: LOT 19 IN BROO KSHIRE VILLAGE REPLAT. SECTION 38, AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 45, IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY, IN.
SPOT ELEVATIONS IN DRAINAGE SWALE
Assumed Eleyation 100.33' 100.08' 99.86'
74'
-Y
10' D &UE f--- CONC. PATIO
t0.5'N• 44 X
6'f ONE o L.
NEIGHBORS HOUSE ON P/1 STORY NEIGHBORS HOUSE ON•P /L
T 6'
XXk
°1 10' UE
22 1 1)145' l
z4,
`22' B/L
8>__...___ N
Q
70'
1 r.
7'-1
CONC. PORCH
BENTLEY DRIVE 40
NOTE:
Elevation of Catch Basin 100 Feet East
I \f at 4777 Oxford Place (Lot 211)
North Side of Frame 98.56'
Ile I Data: Source: DRAWN BY: SAI3
1311111"; K.F. Schuch, P.E. RLS NO: 12836
M. Schildemeier SCALE: 1 =30'
10/9/03 DATE: 06 -27 -2002
4321 Cast S2nd St; ee Suite C Indianapolis, IN 46
EXHIBIT "B"
SWALE ELEVATIONS