14412 Salem Dr - Lekic, Marko/Ljiljana T9�
l Filed for 664
Filed Record .1./ iled f Re in
(P\ 0 1" c\() HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
09 23 -2004 At 01:16 m,
QP ENCROACHMNT 22,00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Marko Lekic and Ljiljana Lekic, husband and wife, 14412 Salem Drive East, 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 108 "Lot with a common address of
14412 Salem Drive East, Carmel, Hamilton County, Indiana 46033, in the Ashton Subdivision which is
located within the corporate limits of the City of Carmel, Indiana "Subdivision which real estate is
more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 1, Slide Number 239,
as Instrument #9225078 in the Office of the Hamilton County Recorder on July 1, 1992, as Ashton,
Section 2; and
WHEREAS, the Owner has constructed a sea wall (the "Wall referred to hereinafter as the "Site
Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
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WHEREAS, the Site Improvement is constructed on a portion of the Lot designated as a Lake
Maintenance Easement and a Drainage and Utility Easement "Easement identified as "20' Lake
Maintenance, D U.E." on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement 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 B; and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B 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 Improvement from what is depicted on Exhibit B.
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4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
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
Improvement 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
Improvement.
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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r.
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
BY AND THROUGH ITS BOARD OF
PUBL A WORKS AND SAFETY f•
Marko Leki N' r es Brainard Presiding Offi er
SSN: 0 q b ;7 Pe: e i "d A
Date: O a 0 O
Mary An urke, Member
g� D
Date: C? '�3.-a
7I
,il
Ljiljan ekic Lori Watson, liv e er
SSN: 30 7 °/G ��8 9 Dat I 0
Date: 0j -0 Gy
ATTEST: Sandra M. Johnson,
f �Dep r Clerk for
__A >3( Tana Cordray, IAMC, lerk- Treasurer
Date: fJj
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MARKO LEKIC
and LJILJANA LEKIC, 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 T day of 200
te ,4r42,AZ
NOT Y P LIC
My Commission Expires:
di/4 rz l /e e
4 Printed Nafne
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally, appearedi<`JAMES,
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known an b o p lown =t6 v e u b e
N
Members of the City of Carmel Board of Public Works and Safety, and DIINA:J AYE. er
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the fdr n op
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this I day of I,fST 2 0
NOTARY PUBLIC
My Commission Expires: t
C. Minn ✓r S
h 9 /c S Printed Name
My County of Residence: la/J-7 t i
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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1, the undersigned, a Registered Land Surveyor in the State of Indiana, hereby certify that rhe
,it.`.:n plat represents a survey and sublivisicn of part of the East Half of the Northeast
Q.arter of Section 21, Tn.-rship 18 North, Range 4 Les:. Clay Township. Hamilton County. Indiana,
described as follows:
Beginning a: a point on the East line of the Northeast Q,sarter of Section 21. Township 18 North,
Range 4 East 1907.09 feet South 00 degrees 11 minutes 22 seconds West (assured bearing) from the
Northeast corner cf said Northeast Quarter, said point being also the Northeast corner of
ASH;ON, SECTION 05E, a subdivision in Hamilton County, Indiana. the Secondary Plat_of which is
reccrded as Instrum,ent 9100973 on Slide No. 157 in Plat Cabinet No. 1 in the Office of the
Recorder of Hamilton County, Indiana; thence South 00 degrees 11 minutes 22 seconds west en the
East line of said Northeast Quarter 737.04 feet to the Southeast corner of said Northeast
Quarter; thence North 89 degrees 31 minutes 47 seconds West on the South line of said Northeast
Quarter 668.48 feet; thence North 00 degrees 01 minute 12 seconds West 195.01 feet; thence South
89 degrees 31 minutes 47 seconds East parallel with said South line 48.61 feet; thence North 00
degrees 28 minutes 13 seccnds East 150.00 feet to the South line of BLOCK "A" in the aforesaid
ASHTON, SECTION 05E; thence South 89 degrees 31 minutes 47 seconds East on the South line of
said BLOCK "A" 212.24 feet to a Southeasterly corner of said FLOCK "A thence North 32 degrees
01 minute 52 seconds East on the Easterly line of said BLOCK "A" 33.37 feet; thence North 00
degrees 11 minutes 22 seconds East on the Easterly line of said BLOCK "A" 332.54 feet to the
Southwesterly corner of LOT /107 in said subdivision; thence North 82 degrees 49 minutes 32
seconds East on the Southerly line of said LOT /107, a distance of 151.25 feet; thence North 79
degrees 07 minutes 47 seconds East 50.95 feet to the Southwesterly corner of LOT 138 in said
subdivision; thence S n h 89 degrees 48 minutes 38 seconds East on the South line of said LOT
138 and the prolongation thereof 190.00 feet to the place of beginning, containing 8.5
acres,
cure or less. 6trumed NO. 9 Z2
I 'J t
Subject to the right -of -way of Hazel Dell Road. P.C. No. Sr)de No.
Subject also to the Easement for the Freenont Randall Regulated Drain.
Subject also to Sever and water Easements recorded as Instruments 8808652 and 8808657.
Subject to all other legal easements and rights -of -way.
This subdivision consist of fifteen lots, numbered 29 through 37 and 108 through 113 and Streets
as shown hereon. The size of the lots and the width of the street rights -of -way is shown in
figures denoting feet and decimal parts thereof.
Y EXHIBIT A
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EXHIBIT B