3919 Brian Pl - Scherb, David/Diane 21 )0500 1 )14013
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Filed for Record in
Y! HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
03 07- 2005 At 04:10 PM. ENCR:OACHMNT 22,00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
David A. Scherb and Diane L. Scherb, husband and wife, 3919 Brian Place, 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 77 "Lot with a common address of 3919
Brian Place, Carmel, Hamilton County, Indiana 46033, in the Woodland Green 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 Book 3, Pages 104 and 105,
in the Office of the Hamilton County Recorder on March 10, 1970, as Woodland Green, Section Number
1; and
WHEREAS, the current Owner has installed a storage shed on the lot (referred to hereinafter as the
"Site Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
eb: nsword :s: \Ipickett forms \consents to encroach\scherb consent.doc:2 /9/05] 1
Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvement is constructed on a portion of the Lot designated as a Drainage and
Utility Easement "Easement identified as "6' D UE" 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 encroaches (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.
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3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or i
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otherwise change the Site Improvement from what is depicted on Exhibit B.
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
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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
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 INDIANA
BY AND OF THROUGH CARMEL ITS BOARD
di d
Arilit fAr
OF
PUBLRC WORKS AND SAFETY
1 avid Scherb J ames Brainard, Presiding Officer
SSN: 7/ff b�`r'`3 Date: 3 0)
Date: l a/ J D S
4.! i
Mary Ann t urke, Member
A' Or ice._ -0 Jr
Diane L. Scherb Lori Watson, er
SSN: 3 70 '4 71 Date:
Date: o? /d /7S
ATTE 1 Sa i ra Y. Johnson,
R „,/,----e Deputy CilerClOr..._
iana Coral, I �lerk- Treasurer
Date:
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STATE OF INDIANA
SS:
COUNTY OF 74/24
Before me, a Notary Public in and for said County and State, personally appeared David A' Scherb
and Diane L. Scherb, by me known, and who acknowledged the execution of the forego ng':.GONSENf L
TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this a/ d ay of 20 >r'r
t a•
NO1AARYPUBLIC
My Commission Expires:
l% L�
S
"'y''e:.:. 1��' Ji .L 3 yyv i s
Printed Name :'a ti
My County of Residence:
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
a Notary Public in and for said County and r ,e q ,d..
State, personally Before me, a ere
P Y. Pp;, i�.,�JAIVLES
BRAINARD,
MARY ANN BURKE and LORI WATSON, by me know land 0 v,.,
Members of the City of Carmel Board of Public Works and Safety, and ti
I 0 `�R�A� erk
�it ��'1;: !.i p,...
Treasurer of THE CITY OF CARMEL, who acknowledged the executionao:,fithe ifoxegging `C'Ortssritl'Td l t,
Encroach" on behalf of the City of Carmel Indiana. r
hand and 'r ^w
my a d Notarial Seal this day of Witness m I ,I j'2p
D•.!f"
t j�'tst zr t e t ,t
NOTARY PUBLIC
My Commission Expires: v
o
q�!�f1 Printed Name
My County of Residence. Vari-7• ,r,L
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LEGAL DESCRIPTION
Part of the Northwest Quarter of Section 5, Township 17
North, Range 4 East, in Hamilton County, Indiana
Lot #77 in the Woodland Green Section 1 subdivision.
Recorded in the Office of the Hamilton County Recorder on
March 10, 1970 in Plat Book 3, Pages 104 and 105.
EXHIBIT A
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Exhibit B
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