1215 Hemlock - Kats, Steven/Terry Instrument
199909973242
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1 0 g-� a rtoY1 Lpv CONSENT TO E NCROACH APPROVED, AS TO
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THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and etween
Steven A. Kats and Terry L. Kats, husband and wife, 1215 Hemlock Street, 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
19990997
Filed for Record in
HAMILTON COUNTY,
WITNESSETH: MARY L CLARK
On 12 -22 -1999 At 17 02:49 pm.
ENCROACHMNT
WHEREAS, Owner owns in fee simple Lot Number 168 "Lot in the Cool Creek North Section
13 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, Page 147 in the
Office of the Hamilton County Recorder on August 15, 1979, as Cool Creek North, Section 13; and
WHEREAS, Owner wishes to construct a residential swimming pool (the "Pool on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Pool on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A;
and
WHEREAS, the Pool will be constructed on a portion of the Lot designated as a Utility and
Drainage Easement "Easement identified as "20' U. D. E. on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Pool 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 16)
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1 eh. mswords \dhillUorms\kalsconsentdoc12/3 /991 1
WHEREAS, the location of the Pool 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 Pool from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Pool 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 Pool.
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 the City, its
employees, officers, officials, invitees, licensees and /or agents in the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
[eb:msword s illl forms lkatsconsent.do<: 12/3/99] 2
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 Pool.
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
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"
O 1 .1' 4
CITY OF CARMEL, INDIANA
Steven A. Kats BY AND THROUGH ITS BOARD OF
Date: Z/6/0; PUB WORKS AND SAFETY
_D-a„ a
Terry L. Kats J• nes Brainard, Presiding Officer
Date: R I I r c) ate: j 2- IS- 5 r
U jL 1�
Ma urkeavlember
Date: (.2 /S--- y
4.
J
Billy talker, Member
Date: a —/5-4v
a
SN
ATTEST:
Dian. Cordray,.IAMC,'Clerk -T e: urer.-r:.:.; z
Date: 12. -1' 9°t'
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3
4
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared STEVEN A.
KATS and TERRY L. KATS, husband and wife, by me known, and who acknowledged the execution of
the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed.
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Witness my hand and Notarial Seal this day of beN,li6( 19 r r
NOTARY UBLIC
My Commission Expires:
geto Printed Name r"
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My County of Residence: N 19 At id.
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 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.
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Witness my hand and Notarial Seal this l)day of lr
Ili_ f
NOTARY PUBLIC
My Commission Expires:
*5 tr L u�=..- s•
1 1 (2 O Printed Name
My County of Residence: 1'10-l/Vt l
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
drmsword. Whill forms Uatsconsmt.dorl?l3 /99] 4
SURVEYOR LOCATION REPORT
TAUS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WITII RESIDENTIAL LOAN POLICIES. NO CORNER MARKERS
l WERE a ET AND TIIE LOCATION DATA HEREIN IS BASED ON LIMITED ACCURACY MEASUREMENTS. TlIEREFORE, NO LIABILITY WILL BE
ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES.
PROPERTY ADDRESS: 1215 Hemlock Street, Carmel, Indiana
PROPERTY DESCRIPTION: Lot 168 in Cool Creek North Section 13
as the same is recorded in Plat Book 7, page 147
In the Office of the Recorder of Hamilton County, State of Indiana.
SUBJECT, HOWEVER, TO ALL EASEMENTS RIGHTS OF WAY OF RECORD.
FLOOD HAZARD STATEMENT:
RESIDENTIAL STRUCTURE IS IS NOT LOCATED IN A SPECIAL FLOOD HAZARD ZONE A, AS SAID TRACT PLOTS BY
SCALE ON COMMUNITY PANEL NUMBER 180081 0003C OF THE FLOOD INSURANCE RATE MAPS.
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EXHIBIT RR SPIKE FOUND 3 8
ENCROACHMENT 4 KEBAB FOUND
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NOTE: NO VISIBLE EVIDENCE OF POSSESSION FOUND EXCEPT AS NOTED.
TITLE CO: HAMILTON TITLE SECURITY, INC. REFERENCE NO: 95A0982
1 HEREBY CERTIFY TO THE PARTIES NAMED ABOVE TIIAT TIIE REAL ESTATE DESCRIBED HEREIN WAS INSPECTED UNDER MY
SUPERVISION ON TIIE DATE INDICATED AND TIIAT 10 TIIE BEST OF MY KNOWLEDGE AND BELIEF, THIS REPORT CONFORMS WITII
TIIE REQUIREMENTS CONTAINED IN SECTIONS 42 TIIROUGII 44 OF 864 IAC 1 -12 FOR A SURVEYOR LOCATION REPORT. TIIE ACCURACY
OF ANY FLOOD HAZARD STATEMENT SHOWN ON TIIIS REPORT IS SUBJECT TO MAP "SCALE UNCERTAINTY AND TO ANY OTHER
UNCERTAINTY IN LOCATION OR ELEVATION ON TIIE REFERENCED FLOOD INSURANCE RATE MAP. A wes
PROPOSED` OWNER: BATS, Steven A. and Terry L. r SG 0 I k7 ,9
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PROPOSED LENDER:
O
Q No. S0235
STATE OF
CERTIFICATION DATE June 20, 1995 /4 'oIAN�
SURVEYOR'S SIGNATURE y., SUA�40
KIRBY BROS. SURVEYING CO.
CK Vasco J. Kirby, L.S.
4333 West 96th Street Indianapolis, Indiana 46268
95062123 Office 876 -8188 FAX 876 -8189