12602 Crescent - Thompson, William/Lesley APPROVE® AS TO
CONSENT TO ENCROACH
BY:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
William A. Thompson and Lesley R. Thompson, husband and wife, 12602 Crescent Drive, Carmel,
Hamilton County, Indiana 46032 (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 alone owns in fee simple Lot Number 59 "Lot in the Parkside 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 as Instrument #9609629979 in Plat
Cabinet 1, Slide 692 in the Office of the Hamilton County Recorder on July 19, 1996, as Parkside Village,
Section 1; 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, Utility
Sewer Easements "Easements identified as "22' D.U. &S.E L.E.; 20' D.U. and 25' Planting
and Screening Easement" on Exhibit A; and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence will encroach (the "Encroachment upon the
Easements, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
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WHEREAS, the location of the Fence as indicated by the 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 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 the Easements, 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 Fence.
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 Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
[Cb:rtLSWOfd:Z shared\dIdIttfORI19V110tI peortcOMQILdoc.5 /16/021 2
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.
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
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.
"OWNE C "CITY"
Zi t CITY OF CARMEL, INDIANA
Wiliam A. Tho •ri BY AND THROUGH ITS BOARD OF
SSN: ZD r ?V 3745.3 PUB .IC WORKS AND SAFETY
Date: /LZ Z
i f i es Brainard, Presiding Officer
ALL ��1i1L__ 11 ate:
Lesley R. i pson
SSN: R 3- q9
Date: (Di 1 1 1 M Ann rke, Meynber
Date: 6 'e- 7
Member
Date:
ATTEST:
Ct jai; &i LLB r i
Diana Cordray�' .rte
Clerk 'reasurer
Date: (UCH -Qai
[eb:msword:z\ shared\ dhill forms Uhompsorrcureerd.doc:5 /16/02] 3
STATE OF INDIANA
SS:
COUNTY OF M u.Iit,v
Before me, a Notary Public in and for said County and State, personally appeared WILLIAM A.
THOMPSON and LESLEY R. THOMPSON, husband and wife, by me known, and who acknowledged
the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
zoo
Witness my hand and Notarial Seal this 1 day of ,Z:9—
c.71�
P� pUBL�CS NOTARY PUBLIC
My Commission Expires: ,�P eA, aU�� A na vt-t7 027
Count!
A
RS' /V /`t
.S' L Z o� w Printed Name
Expifes WY 2 20 °S
Q My County of Residence: leag(G
*4k OF 10
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD and MARY ANN BURKE, by me lama a d l knova4O Members of the City
of Carmel Board of Public Works and Safety, and ANA 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 day of c_1 U N€ V-2002_
47 ,n..4f.) /9a.44-end
NOTARY PUBLIC
My Commission Expires:
4' )cD /vi.s
1 7 1 /11/o 7 Printed Name
My County of Residence: /M. miA.TdN
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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7 1 PROPOSED FENCE
PROPOSED FENCE (PRIVACY TYPE)
(PRIVACY TYPE)
15' 1
•>,t y 4 11P-
r io. 0.
NOTE: T t NOTE:
The bottom of the fence must be no lower I Nv.a;1.4 20'CU Sc is../' 9: 0 The bottom of the fence must be no lower
than the top of bank on either side of the FE; :_xv. I than the top of bank on either side of the
swale on both sides of the lot.. The swale 1^ 31 t u ^,1i. /7 f�.j;l lLr4c swale on both sides of the lot. The swale
flow line must be maintained at all times. t t f V 13'.Cl flow line must be maintained at all times.
Do not install posts in the swale or the x X)! r 35 3 Do not install posts in the swale or the
flowline of the swale. r LOT 59 flowline of the swale.
i I 1 S� Q
r."'-.) o
Encroachment distance s
contingent upon location
of fence line in relation to 1 i:::.:r 1'
the centerline of the storm J «s
sewer. 17/ 'a�, n�ncn l 10.G'
1 34,3 24.C6 j`
l 8 b 34.5
III"""tJ FnN do hISY N R =S. F.F.E. i 0-1: g
1 ac 835.6
Establish a centerline between I 1 5.33' M a W.U. the storm sewer end section X8.7 1 835.6 11
O
and the curb inlet. The fence y l TYro CAP 1'
line should be installed no I b.( 134.51 P, c F r
closer than 2 -feet to the pipe 33 8 835.1 34.91 134 +1
centerline.
1 8 .5 3 34.3
1 I 34
22El--
H I
ice
16'
V� 2GOL DRivE 23 3
134.sj r i
G° I x 3 5
33.2 jjf 1
4....... 347
A ?sc 34.2
T
i .0 A.Si CUF3 P i R P L N
fi:R PLAN
P:? FLAN 13M (SAN FIKER)
CLLV =633.5
1 CRESCENT DRIVE
LLJ
1 50' R/W
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WiT'i: LR•_
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EXHIBIT "A"
.5 ENCROACHMENT