4790 Oxford - Supple, Phyllis 200300091498
CC) Filed for Record in
HAMILTON COUNTY INDIANA
o JENNIFER J HAYDEN
09 -08 -2003 At 01:43 pm.
ENCROACHMNT 22.00
CONSENT TO ENCROACH APPROVED AS TO FORM SSL__
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Phyllis K. Supple, as Trustee of the Phyllis K. Supple Living Trust Agreement, dated April 27, 1995, said
Trust being a Revocable Trust, as is further identified in attached Exhibit A, for the real property and
improvements created at 4790 Oxford Place, Carmel, Hamilton County, Indiana 46033 "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 155 "Lot with a common address of 4790
Oxford Place, Carmel, Hamilton County, Indiana 46033, in Section 3 -B of the Brookshire Village
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 Book 11, Page 35 and 36 in the
Office of the Hamilton County Recorder on July 9, 1984, as Brookshire Village Section Three -B; and
WHEREAS, Owner wishes to construct drainage improvements including the installation of an 8"
PVC storm sewer pipe connecting to the City's Storm Sewer (the "Site Improvements on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Site Improvements 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 Improvements will be, and are, constructed on a portion of the Lot
designated as a Drainage and Utility Easement (hereinafter the "Easement identified as "7.5' 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 Improvements 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 the Owner on Exhibit B; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easement; and
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 Improvements 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 Improvements
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
Improvements 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 City, 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
Improvements.
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.
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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 themselves and 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"
PHYLLIS K. SUPPLE, AS TRUSTEE OF THE CITY OF CARMEL, INDIANA
PHYLLIS K. SUPPLE LIVING TRUST BY AND THROUGH ITS BOARD OF
AGREEMENT, DATED APRIL 27, 1995, SAID PUBLI WORKS AND SAFETY
Rte, IN A REVO, ABLE .RUST
Phyllis Supple At es Brain d, Presiding Officer
SSN: �30� 21 ?a-F Date: Q}
Date:
Mary Ann Burke, Member
Date:
Lori Watso e ber
Date:��o /O�
G \NAN
R
SPN� cP P RE AT and m ar
o \i Gc X6032 1T27
GP Diana Cordraa�', 1V �3, lerk -Tr surfer.`.,
Date: �l 'PA V
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STATE OF INDIANA
SS:
COUNTY OF li /kin
Before me, a Notary Public in and for said County and State, personally appeared PHYLLIS K.
SUPPLE, AS TRUSTEE OF THE PHYLLIS K. SUPPLE LIVING TRUST AGREEMENT, DATED
APRIL 27, 1995, SAID TRUST BEING A REVOCABLE TRUST, 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 1 n day of /�ilJ L 20 O.
GY l !Lr is //i
16, ?0 9 s- NOT PUBLIC
My Commission Expires: Y.- m a
NOTARY SEAL TECa`f L, &a on
3- 10- oC� /p TON c3 Printed Name
otilsi 11100 My County of Residence: Vilq m 1
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 LORI WATSON, by me known an c o by own toe t
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. 6. i Y,
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana. ,,,,,T,,
L. t c:
Witness my hand and Notarial Seal this )10 day of y.q 20Q
d 6 C -3 d
NOTARY PUBLIC 4 .a
My Commission Expires: 0
C°
ANA) OAV/5
f/ /`l /a Printed Name
My County of Residence: y4mi,.
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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()c s_ TFLET N.14
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THIS INSTRUMENT WAS PREPARED BY:
RETURN TO:
J. STEPHEN PULLUM, ESQUIRE �u!t �ci to i;,�c,
Pullum Pullum, P.A. Je
P. O. Box 492160 uayof_ C 1� cis
1330 W. Citizens Blvd., Suite 701 :ludito,
Leesburg, FL 34749 -2160 fitR_Hamilton ount
Li
Grantee(s) S.S. #(s) Pat cel 0 33 02_7-1V, M
Phyllis K. Supple #308 -24 -7036
EXEMPT PER REASON #7
WARRANTY DEED TO TRUSTEE
U y
DATE: ,O P
THIS INDENTURE WITNESSETH, that the Grantor, PHYLLIS L.
KAVANAUGH, now known as PHYLLIS K. SUPPLE, for and in consideration
of Ten Dollars ($10.00), and other good and valuable considerations
in hand paid grants, bargains, sells, aliens, remises, releases,
conveys and confirms unto PHYLLIS K. SUPPLE, as Trustee of the
PHYLLIS K. SUPPLE LIVING TRUST AGREEMENT, dated April 27, 1995,
said Trust being a.Revocable Trust, mail tax bills to 7802 W. Golf
Club Street, Crystal River, FL 34429, the following described real
estate in the County of Hamilton, and State of Indiana, to -wit:
Not Numbered One Hundred Fifty -five (155) in Section 3 -B
Brookshire Village, an addition to the City of Carmel, a
subdivision in Hamilton County, Indiana, as per plat
thereof recorded in Plat Book 11, pages 35 36 in the
Office of the Recorder of Hamilton County, Indiana.
Property Address: 4790 Oxford Place, Carmel, IN 46032
Subject to all easements, reservations, restrictions and
encumbrances of record, if any.
This conveyance is not subject to Indiana Gross Income Tax.
hereinafter called "the property
TO HAVE AND TO HOLD said property in fee simple upon the
trusts and for the uses and purposes herein and in said trust
agreement set forth.
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THREE_ 9
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