12891 Charing Cross - Jones, Thomas/Susan 2 00 .300091496
Filed for Record in
r HAMILTON COUNTY INDIANA
0 JENNIFER J HAYDEN
09 -08 -2003 At 01:43 m.
sp ENCROACHMNT 20.00
CONSENT TO ENCROACH APPROVED AS 70 FORM DV Alak
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
F. Thomas Jones and Susan V. Jones, husband and wife, 12891 Charing Cross Road, 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 194 "Lot with a common address of
12891 Charing Cross Road, Carmel, Hamilton County, Indiana 46033, in the Brookshire Pines
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 7, Pages 19 and 20 in
the Office of the Hamilton County Recorder on April 24, 1978, as Brookshire Pines; and
WHEREAS, a former Owner constructed a chain link fence (the "Fence and planted trees,
bushes and flowers (the "Landscaping on the lot and the current Owner wishes to plant additional trees
(the "Trees 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
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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 "Non Buildable Area Drainage Utility
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, Owner and City acknowledge the location of the Encroachment; 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.
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
[eb rrtsw z:\ sharecbdhdbforms \jonesconsentdoc 7 /8/03] 2
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
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to
eb: rrvsword: z: \sharedIdbill forms \jonaconsent.doc:7 /8/03) 3
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
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
a lLf-744.441-.) ,....,,t,4.46.J /5,4-1eloit..e4/
AC.-..
F. Thomas Jones J mes Brainard, Presiding Officer
SSN: .515- ati 8375 Date: e
Date: '7-- lell C 3
Mary An 1.14 Me ber
Date: ..1......... 493
y 111P
lifr
Susan V. Jones ii Lori V‘4tson, Me .er'1,,:
SSN: i 0 4. 22 S40 Date:
Date: 7 °OP 05
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L i I T. ,t -1:2 irted
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D iana Cordray, I: li g elc
Date: .41G 0
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
5.bck_ oc S t CLN0.- SS:
COUNTY OF I f LL1
Before me, a Notary Public in and for said County and State, personally appeared F. THOMAS
JONES and SUSAN V. JONES, 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 \QOday of Il.t.A 20,0_37777'.--,„
1 ens N V/�
NOTAR\ P LIC ra ;.Y
My Commission Expires: -J t;
i! (A 1 V. ;3
rCnrl�(ttr l I V Printed Name
t\ 6 'J
My County of Residence: lick nil
I1
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 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.
hand and Notarial Seal this ;`t
Witness m t :I
y a a e .s day of 20 ,�r
NOTARY PUBLIC
:9 �A,* -,ly f My Commission Expires: Yt-,f r
44 0q VI -5 t o t~
4/1q/041( Printed Name
My County of Residence: V.,
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
f eb:msword:z:\sharedkdhill \forms \jonesconsent.doc:7 /8/03] 5
R e s i d e n t i a l L o c a t i o n S u r v e y s s
t
%10 SURVEYOR LOCATION REPORT
PRO ADDRESS: 1285 CHARiNG CROSS ROAD
CARMEL, iN
LAND DESCRIPTION: LOT 194 IN BROOKSHIRE PINES AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7,
PAGE 19 -20, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, IN.
1
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EXISTING FENCE PLANTINGS
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ENCROACHMENTS S
Alin EXHIBIT "A" DRAW?! BY: 0
111110F SCALS E: 1'= 45' 12955
//1 /I CE:
DATE: 06 -28 -2002
B455 Keystone. Crossing Drive, Suite 21 1 Indianapolis, IN 46240
Ph 317 +255.0701 FAX 317 +255.0704