11722 Bradford Place - Roehling, Raymond • ' y�� rl�
CONSENT TO ENCROACH APPROVED, AS TO
GU FORM BY:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between
Raymond H. Roehling, 11722 Bradford Place, Carmel, Hamilton County, Indiana 46033 ("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 certain real estate ('Real Estate") in the Brighton
Woods 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 the Office of the Hamilton County
Recorder on July 9, 1999, as Brighton Woods, Section 1; and
WHEREAS, Owner wishes to construct an irrigation system (the "System") on the Real Estate
and receive the City's Consent to existing walls (the "Walls") located on the Real Estate; and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the
System and the Walls on the Real Estate, a copy of which is attached hereto and incorporated herein by
this reference as Exhibit A and Exhibit A-1 respectively; and
WHEREAS, the System will be, and the Walls are, constructed on a portion of the Real Estate
designated as a Drainage, Utility & Sewer Easement; a Landscape Maintenance Access Easement; a Non
Access Easement; a Sign Landscape Easement and a Drainage & Utility Easement (collectively, the
"Easements"), identified, respectively, as "Var. D.U.&S.E. & L.M.A.E. & N.A.E.; 25' S.L.E.; and 20' D.
& U.E. " on Exhibit A; and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System and the Walls will encroach (the
"Encroachment") upon the Easements, which Encroachment is crosshatched on the Sketch; and
2012022607 ENCROACHME $21.00
04/26/2012 10:05:26A 5 PGS
ia.��om:,wanr p.,.a��.rn.awwou� Mary L. Clark
1 HAMILTON County Recorder IN
Recorded as Presented
IIIIIIIIIIIIIIIIIIIIIIIILIIIIIIIIIIIIIIIIIIillllllllllllll IIIIIIIIII
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the installation of the System and the Walls as proposed 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 System, the Walls and/or the Encroachment from what is depicted on
Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the System and/or the
Walls 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 System and/or to the Walls.
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
ItO In. vo,nwcIm+wma�mi,eccvi 1/001 2
Real ?~state, or otherwise, which results directly or indirectly from any act of the Owner, its
employees, officers, officials, invitees, licensees and agents in the Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to any or all of the Easements and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
System and/or the Walls.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
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.
8. The parties hereto 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 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
RAYMOND H. ROEHLING CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUB C WORKS AND SAFETY
/1
Raymond H. Roehling James Brainard, Presiding Officer
SSN: 3 / l Z Date: 2I i / '7 .2 OU C/
Date: - S--
Mary Ann Burke, Member
llalker, Member
Date:V /7 2,r1
ATTEST:
/� • /
Diana Cordrav AMC Clerk-T -as'rer
Date:
�d,a,x,ndsdhilllfoma'tWwdmai, il.Aac:5/11/001 3
STATE OF INDIANA )
- ) SS:
COUNTY OF sip. . : '
4fiel ad
Before me, a Notary Public in and fora County and State, personally appeared RAYMOND H.
ROEHLING, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his/her voluntary act and deed.
Witness my hand and Notarial Seal this / day of 44 /..- ,
�,��qu r / /
NOTARY PUBLIC
■
Commission Expires:
y
9 '1 J
I _
( ) 0 3 7 Printed Name
My County of Residence: //t/tLClAli dVL>
STATE OF INDIANA )
) SS: r: c ': l
COUNTY OF HAMILTON ) �r
'C. ...... V :
Before me, a Notary Public in and for said County and State, pers6nallyjappeared4AMES
BRAINARD, : . ' 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 CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Pi"'
Witness my hand and Notarial Seal this day of C- 17 c/ , aCm
L-e. /CL4L4 LL. by.-)( eel,
NOTARY PUBLIC-) ( i
My Commission Expires:
6 fJ/2 e[e 1). hiQoce:
oe-dc3-O7 Printed Name
My County of Residence: /11/1x/i/G Yt
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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