5481 Kenwood Place - Macke, Jeffrey/Catherine 6 0,4
c0 43'
CONSENT TO ENCROACH APPROVED, AS TO
FORM RY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Jeffrey D. Macke and Catherine M. Macke, husband and wife, 5481 Kenwood 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 200000011790
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
WITNESSETH: On 03 -14 -2000 At 08 :42 am.
ENCROACHMNT 17.00
WHEREAS, Owner owns in fee simple Lot Number 33 "Lot in the Lynnwood 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 #9559877 in the Office
of the Hamilton County Recorder on November 8, 1995, as Lynnwood, Section 1; and
WHEREAS, Owner wishes to construct a driveway (the "Driveway on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Driveway will be constructed on a portion of the Lot designated as a Drainage,
Utility and Sewer Easement "Easement identified as "50' and 40' 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 Driveway 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 Driveway as indicated by the Owner on Exhibit A should not
materially interfere with the City's use of the Easement.
reb: mswords :\dhilRformslrnackaonsent.doc11 /30/99] 1
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 Driveway from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Driveway 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 Driveway.
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
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 Driveway.
eb ords .ldlull\foansWtackeconsart doe l 1130(99] 2
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"
CITY OF CARMEL, INDIANA
Jeffr D. acke BY AND THROUGH ITS BOARD OF
Date: l Y 7 PUB IC WORKS AND SAFETY
Catherine M. Macke mes Brainard, Presiding Officer
Date: ia-- a"1 -9 D.te: E-
1
Mary Ann 'r. rke, Member
Date: .S""r00
Billy alker, Member
Date: l eA)
ATTEST: r
Diana Corte IAM'F .r''p `lieasurer
Date: '1 tj
..4&
NANA
[eb msword s.�illUorms\mackeconsart.doc. 11/30/99j 3
STATE OF INDIANA
1 SS:
COUNTY OF 0 ((�O In
Before me, a Notary Public in and for said County and State, personally appeared JEFFREY D.
MACKE and CATHERINE M. MACKE, husband and wife, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed. 04'6
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Witness my hand and Notarial Seal this 2� day of OQC< hn b.PAr 19 .6i' o r„°�gAg ohm 1:
4 n �7f;y t of f i\oiL
N ARY PUBLIC °,i�f3.� t,� r $A I �a:>
`,p'.i pe o r* C: ,iif of 4a
My Commission Expires: :f t° ii. L;'
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6 Printed Name a ezft ,t-
My County of Residence: kt h 11)()
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 day of 0.`tv �r ,,�1�9,;4r -d
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NOTARY PUBLIC 'tt 4, 4 t61,14,--
4 My Commission Expires:
(2 -oco Printed Name [i i if,,,'
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My County of Residence: r i G ►r%.�W i11; r
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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5rHNEIDER 6228 00 Indiana LIS
46226 -0066 GIS LIS
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317-898-8282 Geology O
CORPORATION 317- 695 -2803 FAX
NOTE: HOUSE DIMENSIONS SHOWN HEREON
Q O
THIS DRAWING I5 BASED ON CONSTRUCTION PLANS OR RECORD ARE APPROXIMATE. CONTRACTOR O
DRAWNGS AND IS NOT BASED UPON A FIELD SURVEY. THE SHOULD VERIFY BEFORE CONSTRUCTION.
SCHNEIDER CORP. DOES NOT WARRANT THE ACCURACY OR
WI ITCILNCY 01' THIS INFORMA 110N. TIIC CONTRACTOR SHOULD 1
VERIFY EXISTING CONDITIONS PRIOR TO ANY CONSTRUCTION. ANY ASSUMED NORTH
DISCREPANCY FOUND UPON THIS DRAWING SHOULD BE REPORTED SCALE 1 40'
TO THE SCHNEIDER CORP. IMMEDIATELY; FAILURE TO DO
SO WILL RESULT IN THE CONTRACTORS ASSUMPTION OF LIABILITY. 1 1 3 1 .2' i a r 30'
PRELIMINARY s e
HOUSE LAYOUT /EXHIBIT 1 1
f AS -QUILT L051006 I
I OF STORM MANMOIF
NOTE:
IN THE RESIDENTIAL DISTRICTS LIMITING
HEIGHT TO TWENTY -FIVE (25) FEET, A t/
DWEWNG MAY BE INCREASED IN HEIGHT
•b
TO THIRTY -FIVE (35) FEET PROVIDED 1/
THE SIDE AND REAR YARDS ARE
INCREASED AN ADDITIONAL FOOT FOR
EACH FOOT SUCH STRUCTURE EXCEEDS m
TWENTY -FIVE (25) FEET IN HEIGHT.
PER CARMEL ZONING ORDINANCE 26.1.1.
i
i
4, 1 SIOPE o A..\ s�OPE LOT 33 1 623'
42,133 SF
TYPICAL SWALE SECTION
/1/
1/!
0) NOTE:
THE 2'± DIMENSION DEPICTED
a HEREON IS BASED ON THE ASSUMPTION 0)
CO i� THAT THE SEWER MAIN RUNS STRAIGHT
BETWEEN THE EXISTING STRUCTURES. LO
M) THE MEASUREMENT RELATES THE OUTSIDE LLD
EDGE OF THE SEWER MAIN TO THE CORNER CD
OF THE PROPOSED DRIVEWAY. CN
ry// 1{ 60' GAS UNE EASEMENT /4 7.8' S 0"0 AY.
..rem .-r-^..—, .-r-^..—, 8_
(INSTR. 9502466) 4 3. 5 E281 1 p,�
P.
,0 APPROX. 600. a, 42' C. PROPOSED I le 39'± B�- -o
V� A. 10.0'
26,0'
m 9 PORCH
AS-8 ILT LOCATION I w I
OF STORM MANHOLE_ I 4- I
I I 1 2• W' 1.4.4.14.1-, r.
I T' X40' BL
'.4
II a:'Q
40, SAN SEWER
II FORCE MAIN
1 43.20
ON 16.09' imp
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O�
o --11--- KENWOOD PLACE
r \G 5 0' R/W
'A NOTE
THE PROPOSED RESIDENCE DEPICTED HEREIN 0005 NOT
REFLECT THE FOUNDATION PLAN, AND IS BASED SOLELY ON
PLANS SUPPUED BY THE BUILDER. IT IS SUGGESTED THAT FOR
A TRUE AND ACCURATE REPRESENTATION OF THE FOOT PRINT
OF THIS RESIDENCE, AND HOW IT WI.'_ LIE UPON THIS LOT, A
FINAL FOUNDATION PLAN BE SUPPUED.
PREPARED FOR: CORBY D THOMPSON, C.0.0.
LEGAL DESCRIPTION:
PLUM CREEK DEVELOPMENT COMPANY, LLC
LOT NUMBERED 33 IN LYNNWOOD, SECTION 1, AN ADDITION IN
11811 LAKESIDE DRIVE HAMILTON COUNTY, INDIANA. AS PER PLAT THEREOF RECORDED AS
FISHERS IN 46038 EXHIBIT A INSTRUMENT NUMBER 9559877 IN THE OFFICE OF THE RECORDER
OF HAMILTON COUUNTY, INDIANA.
ENCROACHMENT };:lei
HOUSE LAYOUT /EXHIBIT LOT 33
1 YNINwnnn
September 20, 2000
Jeffrey D. and Catherine M. Macke
5481 Kenwood Place
Carmel, IN 46033
Re: Consent to Encroach
Dear Mr. and Mrs. Macke:
Enclosed please find a copy of the recorded Consent to Encroach recently received from the
Hamilton County Recorder's Office.
The City of Carmel Clerk Treasurer's Office will maintain the original documents in our office.
If you have any questions or concerns, please do not hesitate to contact me at 317.571.2413.
Sincerely,
ovpy
Carrie A. Groce
Deputy Clerk- Treasurer
Enclosure