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200300006791
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Carl F. Lichte and Sandy Lichte, husband and wife, 3107 Annally Drive, Carmel, Hamilton County,
Indiana 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety "City F l e0 0006791
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
01 -17 -2003 1() am
WITNESSETH: ENCROACHMNT 18.06
WHEREAS, Owner owns in fee simple Lot Number 17 "Lot in the Moffitt Farm at Prairie
View 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 #9709751493, Plat
Cabinet 2, Slide 53 in the Office of the Hamilton County Recorder on December 1, 1997, as Moffitt Farm
at Prairie View, 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 "10' 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
[eb:msword:z:\ shared \dhill forms \bchteconsent.doc 11 /20/02] 1
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.
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 harniless 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:z.\shared \dhill \forms \bchteconsent.doc: 11/20/02] 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 Driveway.
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
Carl F. Lichte BY AND THROUGH ITS BOARD OF
SSN: PUBL C WORKS AND SAFETY
Date: /16 /a
/041, 44014044.4
Li/ es Brainard, Presidng Officer
a� Licht: Date: A2
SSN:
Date: /401/ /D /6 x.9
Mary And u ke, Member
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Lori Wa :o e ber
Diat-. l a 18 aL
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Diana Cor ray, T easurer
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[eb.nuwordzAshared\dhill forms lichteconsentdor 11/20/02] 3
STATE OF INDIANA
SS:
COUNTY OF HAm t' H ON
Before me, a Notary Public in and for said County and State, personally appeared CARL F.
LICHTE AND SANDY LICHTE, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as her voluntary act and deed.
').DDa
Witness my hand and Notarial Seal this Nth day of Verse eft toe f
A:4. iJal;
NOTARY PUBLIC
My Commission Expires:
LisA ii' ,/Pm,A
5 ,WO Printed Name
C-- }J NM My County of Residence: c� iU
.1 .1LAV S 1 Z5V IANA
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.
Witness my hand and Notarial Seal this day of d•
1, ati i
1 P r 1z
OTARY PUBLIC ,pp t
My Commission Expires:
a t.q.,aZ Printed Name
My County of Residence:-/ A7n/ ,7
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
Please return to: Sandra Johnson
City of Carmel, 1 Civic Square, Carmel
Indiana 46032
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