12431 Springbrooke Run - Studebaker, Mark/Melody s 1
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1 0 CONSENT TO ENCROACH Instrument
9809834890
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Mark P. and Melody Rose Studebaker of 12431 Springbrooke Run, Carmel, Hamilton County, Indiana
46033 (collectively "Owner and the City of Carmel, Hamilton County, Indiana, by and through its
Board of Public Works and Safety "City 980983490
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 06 -25 -1998 At 12:53 pm.
WITNESSETH: ENCROACHMNT 18.00
WHEREAS, Owner owns Lot Number 45 "Lot in the Brookfield Section 2 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 the Office of the Hamilton
County Recorder on June 26, 1995, as Instrument Number 95- 40552L, P.C. 1, Slide 567; and
WHEREAS, Owner wishes to construct a basketball court on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
basketball court on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the basketball court will be constructed on a portion of the Lot designated as a
Drainage, Utility, and Sewer Easement "Easement identified as "DU &SE LE" on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the basketball court 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 installation of the basketball court as proposed by the Owner on Exhibit A will
not materially interfere with the City's use of the Easement.
[cb msword.c. encroach \studebaker doc.5/22/98) 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 basketball court from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the basketball
court as it deems necessary, in its sole discretion, to install, protect and/or repair any utility
lines, sewer lines or drainage ditches located in the Easement, or for any other 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 basketball court.
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, death,
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 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 or operation of the basketball court.
[eb.msword.caencroach\studebaker doc5 /22/98] 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 five (5) business days of the effective
date of this Agreement.
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"
cl ,Arh&Qe„,) CITY OF CARMEL, INDIANA
Mark P.Crdebaker BY AND THROUGH ITS BOARD OF
Date: q 3 PUB IC WO D SA0E,
Melo. Rose r deba,ker ames Brai rd,I .U. .0., go
Date: u5 /Ai r /Qg II ate:
..Lt/ 4( L
Ma An urke, ember
Dat
Billy Walker, Member
Date: t' -45-qf
ATTE T:
Diana Cordray,, Ie T. -as er
Date: 6 i
[eb.msword.c \encroach\studebaker.doc.5 /27/98] 3
STATE OF INDIANA
SS:
COUNTY OF ,,,,-i
B fore me, a Notary Public in and for said County and State, personally appeared /Vlar k G• 5�uG1 e6akar
a► rYt1� �4 me known, and who acknowledged the execution of the foregoing "CONSENT
TO ENCROACH" as his/her voluntary act and deed.
Witness my hand and Notarial Seal this•c:R1 day of 19 v
kozem., 6
NOTARY PUBLIC
My Commission Expires: Jre a on i&
in- t71' Printed Name
My County of Residence: l -LJ4t
STATE OF INDIANA ;11;
t t'� 4
SS:
C
COUNTY OF HAMILTON
I j•
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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.
ti
Witness my hand and Notarial Seal this day of Q.�,4c."2 19 98
NOTARY PUBLIC i e
My Commission Expires:
"eieCC. CI L t'; i
.3 5 U Printed Name C;
My County of Residence: ,_%e e
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[cb msword c: encroach \studcbakcr.do/ 5 /22/98] 4
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