5810 Corralberry Ct - O'Brien, Thomas/Noriko APPROVED, AS TO
FORM RY:
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Thomas W. O'Brien and Noriko O'Brien, husband and wife, 5810 Corralberry Ct., 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 142 ("Lot") in the Stone Haven 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 #9709742619 in Plat
Cabinet 2, Slide 30 in the Office of the Hamilton County Recorder on October 7, 1997, as Stone Haven at
Haverstick, Section 3; and
WHEREAS, Owner wishes to construct a Fence (the "Fence on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Fence on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit
A; and
WHEREAS, the Fence will be constructed on a portion of the Lot designated as Drainage
Easement and Drainage Utility Easement (the "Easements identified as "15' D.E. and 15' D. U.E."
on Exhibit A; and
WHEREAS, the Easements are beneficial to the City and its residents; and
rb: mswords: \dliillUonns \o'bnrnronsart doc8 /I7 /00] 1
WHEREAS, as indicated on the Sketch, the Fence encroaches (the "Encroachment upon the
Easements, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the location of the Fence as indicated by Owner on Exhibit A, should not materially
interfere with the City's use of the Easements.
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 Encroachment and /or the Fence from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fence 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 any or all of the Easements, or for any other
lawful purpose, and that, should the City take such action, the City shall incur no obligation
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to repair, replace or reimburse Owner for the cost of any damages thereby caused to the
Fence.
5. It is solely the Owner's obligation to ensure that the Fence does not impede drainage so as
to create drainage problems on adjacent properties. This obligation shall include all
necessary maintenance and repairs to all Fence components, including the removal of any
debris collected on Fence panels.
6. 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 and /or damage to any property or improvements, located
on the Lot, or otherwise, which results directly or indirectly from any action or inaction of
the Owner, its employees, officers, officials, invitees, licensees and /or agents, regarding or
related to the Fence or the Encroachment in the Easements.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Fence, or due
to Owner's obligations, responsibilities, actions or inactions as set forth herein.
8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
en.m,wora:Omduvoms\obrfnsoneon nor WI 7/001 3
to provide to City with a recorded copy of same within ten (10) business days from 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.
9. 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.
10. The persons 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.
11. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUB WORKS AND TY
Thomas W. O'Brien es Braiyard Presitg id Officer
SSN: 227 -Q -kosl ate: 6
Date: 0 31zoco j
Mary Ann rke, M ber
Date:
Noriko O'Brien �s./,r1./ I
S SN: /$6 76 4-7(7f Billy piker, Member
Date: gt, 3 /0 0 Date: e0
/A TEST:
(h Diana Cordr MC, Clerk easurer
Date:
�d. rnswnrAs \AiillUortns \obriaicnnsmt Aoc 8/17/00 4
STATE OF INDIANA
SS:
COUNTY OF 1- 14.,.v,:
Before me, a Notary Public in and for said County and State, personally appeared Thomas W.
O'Brien and Noriko O'Brien, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this 03"-s' day of C -ko_-E. 20 00
NOTARY PUBLIC
My Commission Expires:
L .sow L h -A-A
Qlc�o 1 a c�v Printed Name
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this (P day of 2040.
NOTARY PUBLIC
My Commission Expires:
3rn2 /e /e- J
p eleff G 02 00 8' Printed Name y
My County of Residence: /C{ m Troll
ll
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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SURVEYOR LOCATION REPORT
THS REPORT ®o FOR LJ BY A TTTLF INIEJRANCE COMPANY WIN RQpBt(T LOAN POLKA.$ NO CORNER MARKERS
WERE BET AND THE LOCATION DATA HEREN E BASED ON MOM ACcuRAC I NEAWREVENTE. THEYEFORE, AK) LIA2L.4TY WLL
BE ASSUMED FOR ANY UBE OF nis DATA FOR COMITRUC?10N OF PEW a910Y lEfmg OR FECES,
PROPERTY ADDRESS 5810 CORRALBERRY COURT
PROPERTY
DEECRIPTON Lot 143 in Stone Haven, Section Three, as per plat thereof recorded
as Instrument #9709742619,• Plat Cabinet #2, Slide #30, in the Office of the Recorder of
Hamilton County, Indiana.
FL000 HAZARD STATEMENT' The rewidence locoled on the witnin described tract of Mond
lie within o Special Flood Hazard Zone A o5 said trod lots b aoea) (does not kXX
the Flood Insurance Rote Mops for Hamilton County, Indiono. by i
Mops duted Mav 1 913111 )it180Qe1 -00040 of
DERCINATEQ PARTIES
MORTGAGEE: OM BUYER THOMAS AND NOR= 0' WIEN
TITLE co °MAO° TITLE
OTHER REFERENCE NO.
1 hereby certify to the portlee named above thot the real estate descrbed herein was inspected under my supervlcion on the dote
indicated and thot, to the be of my knowledge and belief, this report Conforms with the requirements Contained in Sections 42
through 44 of 864 IAC 1.1-13 for o Surveyor I,ocotIon Report. The accuracy or any Flood Hozord Statement shown on this report
is subject to mop scale uncertainty and to any other uncertainty in location or elevation on the referenced Flood Insurance Rote
Nap
DATE OF 20 >1- &VE40 6 E3i6' el..* JPE di*
01.11118 C. HUFF PM NO. 131:445
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