12303 Bayhill - Vall, Michael/Barbara 200300091497
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
09 -08 -2003 At 01:43 pm.
ENCROACHMNT 20.00
CONSENT TO ENCROACH
APPROVED AS 10 FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Michael Vall and Barbara J. Vall, husband and wife, 12303 Bayhill Drive, 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 104 "Lot with a common address of
12303 Bayhill Drive, Carmel, Hamilton County, Indiana 46033, in the Bayhill 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 414 as
Instrument #9421444 in the Office of the Hamilton County Recorder on May 9, 1994, as Bayhill, Section
3A; and
WHEREAS, the Owner has planted trees (the "Trees on the lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the actual location of the
Trees on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit
A; and
WHEREAS, one of the Trees is planted on a portion of the Lot designated as a Drainage, Utility
Sewer Easement "Easement identified as "10' D.U. S.E." on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the TreeSwill 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 location of the TreeSas indicated by the Owner on Exhibit A 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 Tree from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the TreeSas 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 Treef or to Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
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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 TreeS,
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.
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"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
\1
Michael Vall
V\e ....-.-Les.....--1., 0 —f-t t e‘-e J ,zerz.....„/
rues Brainard Presiding Officer
SSN: 3'70, 6) 2- 6'a 9 CC Date: e 6 (9 3
Date: 1 1 11 t 0
401
Mary An urke Member
Date: .....-6
L-,,9aAJD07
a A
Barbara J. Vall! Lori Watson, D er
SSN: 26, a c 6 -7F2 Date:
Date: 7J/7 /0
ATTEST: M Johnson,
NrAirl i 4Ail likriS,,:4 1 4
Diana Cordray, f Il
#CAlTrga)144
Date:
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
[ebmsword:zAshared\ dhill forms vallconsentdocl/l 5/031 4
STATE OF INDIANA
SS:
COUNTY OF 40/07/774) 4
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL
VALL and BARBARA J. VALL, 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 /7 of �v /Y 200
NOT Y P LIC
My Commission Expires:
<ie24 L ICA) A/ ,9-)Q/it 2‘ Zo Printed Name
My County of Residence: 7 %"44 o'h t;
STATE OF INDIANA ..4:',:r:: 1 c
SS. tom)
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, 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. i
Witness my hand and Notarial Seal this day of l.( ..i..47...4.0.1. t 20 03 A' ti
'.'i
3 1-
NOTARY PUBLIC r`;; J,
My Commission Expires: Y t'
L
L. 4A/A/ 04 0S O
t, ///0 V Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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PROPERTY DESCRIPTION; Lot 104 In RAYHILL SECTION 3 the plat of which Is recorded In Plat Cabinet
1, Slide 414, in the Office of the Recorder of Hamilton County, Indiana.
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