651 Helen Ct - Voxnyuk, Igor/Semenova, Tatyana CP
2 00100034900
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARE;
06 12 -2001 09:30 am.
ENCROACHMNT L1,00
APPROVED, AS TO
CONSENT TO ENCROACH FORM WI
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Igor Voznyuk and Tatyana Semenova, husband and wife, 651 Helen Court, 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 owns in fee simple Lot Number 5 "Lot in the Louis F. Keen Manor
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 49653473 in Plat
Cabinet 1, Slide 749, on December 20, 1996, amended by Certificate of Correction recorded May 23, 1997
as Instrument 49720011 in the Office of the Hamilton County Recorder, as Louis F. Keen Manor; and
WHEREAS, there is an existing Deck (the "Deck on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Deck, a
copy or which is attached hereto and incorporated herein by this reference as Exhibit A; and
WHEREAS, the Deck is constructed on a portion of the Lot designated as a Variable Width
Detention area and Drainage Utility Easement (the "Easement identified as "Variable Width Detention
Area D. U.E." on Exhibit_ A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Deck 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, the location of the Deck as indicated by Owner on Exhibit A, should not materially
interfere with the City's use of the Easement.
NOW, Tl- iEREFORE, 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:
The foregoin4i 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.
Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Encroachment and /or the Deck from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Deck 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 any or all of 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
Deck.
5. It is solely the Owner's obligation to ensure that the Deck does not impede drainage so as
to create drainage problems on adjacent properties. This obligation shall include all
necessary maintenance and repairs to all Deck components, including the removal of any
debris collected on Deck support posts and /or lattice panels.
6. 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 and /or damage to any property or improvements, located
on the Lot, or otherwise, which results directly or indirectly from any action or inaction of
the Owner, its employees, officers, officials, invitees, licensees and /or agents, regarding or
related to the Deck and /or the Encroachment in the Easement.
7. 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 Deck or due to
Owner's obligations, responsibilities, actions or inactions as set forth herein.
8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
,eb nia.rn A:Pggn'_•ina d;na \nig.li.0 elILill'Gvunennulunnrni Jrn .Ix nl 3
to provide to City with a recorded copy of same within ten (10) business days from 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.
9. 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.
10. The persons 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.
1 I. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PURL WORKS ANDS ETY
.7
Igor Vo uk r J mes Brain Pre idin Officer SSN: 1 �y -(b ar T 7 68 Da e:
Date: 5/ Q O
�i 1 .4.,4---.44 i
Mar} Ann ►rke, 1emb�
htu a-n 4 er7 D i'
�a/ Date:
b
U V `�V f r
I
Taty Semenova r ir': 11N
SSN: f5 r jL Billy j /alker, Member
Date: Date: l' i !,r y� tA.,,i` a..,d4 -4'
1, 1,,.
X
ATTES 6 ;r:
/Cue_.&.1 Diana Cordray 1 C .Ierk ;f rpf
Date. 6 _1
STATE OF INDIANA
SS:
COUNTY OF Hn4H t
Be fore me, a Notary Public in and for said County and State, personally appeared Igor Voznyuk
and Tatyana Semenova, by nee 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 Z Q 4 2001.
NOTARY PUBLIC
My Commission Expires:
8- to-2.0010 4, bAi tes G. OLsc IJ
at David E. p
o
Olsen lted Name
Comm. Exp. 8 -10 -gum
Res. of Marion Co. �n v
1',0 9AO''' N. /1y County of Residence: 1 AktW O
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
(I 1(l >r said County and State, personally appeared JAMES
BR 0 Y WALKER, by me known, and by me known to be the
Me (O CA.Lt e Ic Works and Safety, and DIANA L. CORDRAY, Clerk-
Trc cknowledged the execution of the foregoing "Consent To
En( Ina.
(O day of G LULL AI 20 4'' 1 4211 I- Af lirr I NOT RY PUBLI "'w► 4 :`s
My
4 t r
Printed Name r
1
My County of Residence: t
This instrument xvas prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
LOT 1 LOT 2 LOT 3
34 25' Sg• p8. 5 0 0
175.00 59.34' O
1 5.97' R Sp•
S 88'47'00" W
LO T 4
29. 36' 3 9 9
_150.00 _0.00'09" o N
11/ 1 5 i! -I LA W 24. 4 7' 152 .32 5' o c i m v z W
10.26
5 5.
HE KEEN COU 1 I n j Oa. 01' n
20 .29 R 9 S 81 0 9 39"
I in o n
3 0. 00 9
E Z z m
10 6.04' i viz- co
s
ti* 4> T O
5 0. 0 0 X 09 N C 0-1i 4 &.4
w I �y ti 2.3'
04 R ,y
L OT 8 n N A m a
0
0 _A. 4 b v
IS :0 o LOT 7 W •4 Q ,.,�J. o rn 1-
w LOT 6 O 36; LOT 5
2 v) (15,732 S.F.) I
0.7' 1
57.63' 69.92' 171.20'
51.85'
S 88'47'00" W S 88'47'00" W
CHURCH
(PLAT BOOK 225, P.332 DEED 5875)
EXHIBIT "A"
7■14 ENCROACHMENT
NORTH
SCALE 1 =60'
0' .60' 120' 180'
Q DENOTES REBAR FOUND
DENOTES MAG NAIL FOUND
DENOTES REBAR FOUND w/ WEIHE ENG. CAP
DENOTES 5/8" DIA. REBAR
WITH YELLOW CAP SET FLUSH
WITH GROUND THIS SURVEY
X X DENOTES APPROX.
FENCE LOCATION
1111j1 u, u,,,
0
SC,() J. k/