5942 McKinges Circle - Stocker, Omer/Karen 4.
200400006485
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
rgde4 O 01 -29 -2004 At 03:12 pm.
ENCROACHMNT 22. 00
CONSENT TO ENCROACH APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Omer J. Stocker and Karen M. Stocker, husband and wife, 5942 McKinges Circle, 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 17 "Lot with a common address of 5942
McKinges Circle, Carmel, Hamilton County, Indiana 46033, in the Chapman's Claim 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 in Plat Cabinet 1, Slide Number 795,
Instrument Number 9728756, in the Office of the Hamilton County Recorder on July 16, 1997, as
Chapman's Claim at Prairie View, Section Number 1; and
WHEREAS, the current Owner planted trees and bushes (the "Landscaping on the lot
(individually and collectively referred to hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City sketches "Sketches 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 A and Exhibit B; and
WHEREAS, the Site Improvements are constructed on a portion of the Lot designated as a
Drainage Utility and Sewer Easement "Easement identified as "DU SE" on Exhibit A; and
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WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Site Improvements will encroach (the
"Encroachment upon the Easement, which Encroachment is crosshatched on the Sketches; 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 A and Exhibit B; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit A and
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 Improvements from what is depicted on Exhibit A and 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 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
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.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
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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
PURL WORKS AND SAFETY
.e.....t_
Omer J. St ker ames Brainard Presiding Officer
SSN: 30 6- 1Y-et /II/ Date:
Date: /2 /03 9'7
Mary An urke, ember
Date: /1-75"—a3
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Karen M. Stocker Lori Watson, Member
.J 1 7 3- 3 y
Date:
SSN:
Date: /0 3/o
r
ATTE T: 1- <'1:
Ili i i PC—Ale G ''•.1•;i ,r a
liana Cordr. I C, "erk- Treasurer
3 E7-UR R/ Date: Q
NO
C T y O VA O HN S oN TO
ONE Cp I CSQ E
RMEL I 3RE
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared OMER J.
STOCKER and KAREN M. STOCKER, 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 o() Pi of 20 o3
t,
NO ARY LIC
My Commission Expires:
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My County of Residence:
l STATE OF INDIANA
SS: ..ti
COUNTY OF HAMILTON 1
Before me, a Notary Public in and for said County and State, personally.., appeared, I1MES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known by known• t$'�be "-the
Members of the City of Carmel Board of Public Works and Safety, and iIANA L. C nY, "erK
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
ti
v`
Witness my hand and Notarial Seal this day of ''32
/i3 c 4
NOTARY PUBLIC r
My Commission Expires:
Printed Name
My County of Residenc-. r_.`Ais
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb:msworchA sharedU pickett forms \stockerconsent.doc: 10 /21/03] 5
NAME D.J. 3 KAREN STOCKER j
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FOR; R D. CUSTOM HOMES
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