11159 Woodbury - Warner, Timothy/Linda APPR®VED A. '4
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9 909942427
Filed for Record in
HAMILTON COUNTY, INDIANA
CP MARY L CLARK
a OCre-- CONSENT TO ENCROACH On 07 16 -1999 At 02:40:08 pm.
ENCROACHMNT 19.00
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered
into by and between Timothy K. Warner and Linda D. Warner, husband and wife, 11159 Woodbury
Drive, Carmel, Hamilton County, Indiana 46033 (jointly, the "Owner and the City of Carmel, Hamilton
County, Indiana, by and through its Board of Public Works and Safety (the "City
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate (the "Lot commonly known as 11159
Woodbury Drive in the Kingswood Subdivision, located in the City of Carmel, County of Hamilton, State
of Indiana, as is more particularly described as follows:
Lot Number 88 in Kingswood, Section 3, the plat of which is recorded as
Instrument No. 8813146, in Plat Book 16, Pages 1 -4, in the Office of the
Recorder of Hamilton County, Indiana
and
WHEREAS, Owner wishes to construct a residential swimming pool (the "Pool on the Lot; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Pool, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Pool will be constructed on portions of the Lot designated as a Drainage Utility
Easement (the "Easement which is identified on the Sketch as "20' D &UE which generally runs
along the east property line of the Lot; and
WHEREAS, the Easement is beneficial to City and its residents; and
WHEREAS, as indicated on the Sketch, the Pool will encroach (the "Encroachment upon the
Easement, which Encroachment is crosshatched on the Sketch; and
[c6 m >wod c \encroach \.'emer doc of I si99] 1
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the Pool as indicated by Owner on the Sketch will not materially interfere with 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 is 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 they
were fully set forth herein.
2. City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Pool from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove all or any portion of the Pool as
City deems necessary, in its sole discretion, to install, protect or repair utility lines, sewer
lines or drainage ditches, to repair, improve or widen streets, to repair or replace sidewalks
or curbs located within or adjacent to the Easement, and /or for any other purpose, and that,
should City take such action, City shall incur no obligation to repair, replace or reimburse
Owner for the cost of any damages thereby caused to the Pool.
[cb msw ord c \cncroacb \warner doe 0 2
5. Owner agrees to indemnify and hold harmless City, its officers, officials, employees,
invitees, licensees, guests and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury, death,
destruction or damage to any property or improvements located in or on the Lot, or
otherwise, which results directly or indirectly from any action or inaction of City, its
employees, officers, officials, invitees, licensees, guests or agents in or adjacent to 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 partially or
entirely therein or adjacent thereto caused, in whole or in part, by the installation,
construction, maintenance or operation of the Pool.
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 five (5) business days from the effective
date of this Agreement.
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.
eb nuwotd c encroach \warner doc m'I5i99] 3
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
"0 ER" 7( -6 ‘1. 6 ‘2 C ci `S 4/` 61.i a vh.c,r- "CITY"
i -r t
Timothy K. an er CITY OF CARMEL, INDIANA
Date: C BY AND THROUGH ITS BOARD OF
L.: 1 0... P .,a I� WORKS AND SAFETY
Linda D. ,Warner r" es Braina 4
Date: Vt W a o( ci ate:
a--s/Sib—,6—
Mary Bu m r
Da 16— 7Y
Bil Walker, Member
Date: 06 "f7 E
A l
i
Diana Cor ray, IAMC,' Clerk asu er
Date: r v
STATE OF INDIAN
4 4WP -e77' SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Timothy K.
Warner and Linda D. Warner, husband and wife, by me known, and who acknowledged the execution of
the foregoing "CONSENT TO ENCROACH" as act and
Witness my hand and Notarial Seal this day of �C-
f7 r
NO /Y PU C
My Commission Expires: P G
Printed Name c
1VIy County of Residence:
t
[cb iiSoi c \cncioucb \cceincr doc 6 /1;1991
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, 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 CARIVIEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
n /r
Witness my hand and Notarial Seal this 1.5 day of AO\lam\ 19..
4,t0
NOTARY PUBLIC
My Commission Expires:
2-0(0 Printed Name
My County of Residence: 0.11/ .1 )61
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb msword c Ncricroach \,•arocr doc 9 13/99] 5
SURVEYOR LOCATION REPORT 1
'I'll!S REPORT IS BASED O N LIAIIT'L•'D ACCURACY ;DATA AND tue.REFOltl• NO DATA LULILEIN bIIOULU BE USED 1.O11. CONSTRUCTION OR
ESTABLISHING BOUNDARY OR FENCE LINES_
PROPOSED OWNER WARNER, Timothy K. and Linda D.
PROPERTY ADDRESS: 11159 Woodbury 'Drive, Carmel, Indiana.
PROPERTY DESCRIPTION: Lot 88 in Kingnwood, Sect on 3
u the w is rccor &d io Plat Book 16, "pages 1 -4 in the office of the Rtcordcr of Hamilton
Count Slate of Indiana.
SUBJECT, HOWEVER, TO ALL EASEMENTS RIGHTS OF WAYS OF RECORD.
SUBJECT STRUCTURE IS IS NOT 1 LOCATED IN A SPECIAL FLOOD 'HAZARD ZONE A. AS SAID TRACT PLOTS BY SCALE
ON COMMUNITY PANEL. NUMBER /80,8/- 0490.9 G 1 /0 a/- '90/4-c- OF THE FLOOD INSURANCE RATE MAPS.
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EXHIBIT A
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DESIGNATED PARTIES
MORTGAGEE INE3 MORTGAGE CORPORATION REFERENCE NO.
OR ASSIGNEES:
TITLE CO.: MOR.GAN Sr. ASSOCIATES, INC. REFERENCE NO, 90001928
f, in, undctv an ln Ret;ixu•Y1 t_mnJ $urvr:yrx, hereby terrify den oa the Jute shown. Suf+crvist7l the inspection of the tud male J�xritxd herein ul llle
Address indicates. THIS LOCATION REPORT WAS PREPARED FO[Z USE I1Y TILE DESIGNATED PARTIES ONLY AND FOR NO ONE ELSE. THE
ACCURACY OF THE LOCATION DATA SIIOWN IS LIMITED TO THAT REQUIRED UY'TIIE INDIANA "SURVEYOR LOCATION REPORT"
rdINIMUM REQUIREMENTS UNLESS OTHERWISE SPECIFIED AND EXPLAINED ON TIIIS DOCUMENT. IF A MORE ACCURATE OR DET.ULEU
LAND SU1iVEY IS DESIRED oR IF CORNER mONUA1ENCS ARE REQUIRED. AN INDIANA LAND TITLE SURVEY SHOULD BE ORDERED.
1 lunhut eerily that w the best a m l.nowiaa c thv Lou.16on Rcixnt conforms with the SURVEYOR „Y�"t
LOCATION REPORT Minimum Rcyuen
iitcnIa ao adopted by the Indium Society Society of 1'roftsaional Lund Surveyor,
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Inc„ on 3aausry 29, 1981, and approvtxl by the Title Uddcrwritnrs of Indiana, Inc., on March 20. 1981. o U y
1.. i4
CERTIFICATION DATE October 9 _990 h
suRVEYORS SIGNATURE L 7 •[r t CO. S0235 LocA `L �J"� 1 l V G /Nrn I Q l
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REPORTS 'Vasco J. Kirby L.S. °o-, C9�••• 4
5525 CCeofgetown toad, Suite D lnciianapotis, Indiana 46250. 't�. Q su'
LOT suEUEi1S Office 298 -78 FAX 2g&-7a85 nt Jj4rninnt tt1 ta,