Moffitt Farm Sec 3A Lot 140 - Eagle Kustom Home Builders 2012022604 ENCROACHME $26.00
04/26/2012 10:05:26A 7 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
X00 o� APPROVED, AS T
CC9 e
CONSENT TO ENCROACH FORM Br
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between
Eagle Kustom Home Builders;Inc., 7907 Cove Trace, Indianapolis, Marion County, Indiana 46256
("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 140 ("Lot") in the Moffitt Farm Section 3A
Subdivision which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"); and
WHEREAS, the official plat of the Subdivision was re ded as Instrument Number 9705551 in
Plat Cabinet 1, Slide 759 in the Office of the Hamilton County Recorder on February 14, 1997, as Moffitt
Farm at Prairie View, Section 3A; and
WHEREAS, Owner wishes to construct a residential driveway (the"Driveway") on the lot; and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the
Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Driveway will be constructed on a portion of the Lot designated as Drainage &
Utility Easements ("Easements"), identified as"10' D.U. & S. E. and 15' D.U. & S. E." on Exhibit A; and
WHEREAS, the Easements are beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Driveway will encroach (the "Encroachments") upon
the Easements, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Driveway 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 Encroachments for only so long as
(i) the Encroachments exist; 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 Driveway from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Driveway 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 Driveway.
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 the City, its
employees, officers, officials, invitees, licensees and/or 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 the Easements and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Driveway.
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"
EAGLE KUSTOM HOME BUILDERS, INC. CITY OF CARMEL,INDIANA
BY AND THROUGH ITS BOARD OF
PUBJ,IC WORKS AND SAFETY
£.iii.u. 11 404_ J1 :J�4 ,.. T//fi�cyL
m Hownstein President James Brainard, Presiding Officer
twel b, 36 -181,1g3 Date: 6 -'C -o
. Date: .SI,Z(I P — /!
L. tic∎
Mary • j I ure, Member
Date: S= d c
Member
Date:
ATTEST:
�� ,/A'
Diana Cordgay�,1A{yl�Clerk-Tr•. rer
Date: ((�� ((�(Q�
•I nrro:. ..:thn per c,tles for^erJury,that I have
token ruov>'ocie coto to tecsot each Social Security
f9ur t r in IN cioaumen6 unlou required by law,'
Na �Y�w
in: .oa...:en.•aadrnr�.".,�KO�:mi.eo:vwrozl 4
STATE OF INDIANA )
SS:•
COUNTY Of_ t i
Before me, a Notary Public in and for said County and State, personally appeared KYMM
HOWENSTEIN, President of Eagle Kustom Home Builders, Inc., 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 1 day .£ , 2002.
.l4 / ' I
0 . - ' PUBLIC
My Commission Expires: ' awn& . 'I _/
11 � V (; (����l !/v/
o�f�D� Printed Name
My County of Residence: � y2
ST..E-OF IN)IANNA )
) SS:
COUNT. OF HAMILTON )
Before in-, a Notary Public in and for said County and State, pe :.nally appeared JAMES
BRAINARD and M V Y ANN BURKE, by me known, and by me know. o .e the Members of the City
of Carmel Board of Pub 1. Works and Safety, and DIANA L. CORD_e 4 rk-Treasurer of THE CITY
OF CARMEL, who acknowle._ed the execution of the foregoi._ CC,A:• ,To Encroach" on behalf of the
City of Carmel, Indiana. t '\
Witness my hand and Notarial Se-', ilk- a_��f, ' ` 2002.
i' \( 1 ; t ' L .
el ■O7"PUBLIC
My Commission Expires:
. _P 1 hri e., dip cc:v-tvr
I • _Pa Printed Name
My County of Residence: 4. _ 4---k f U --
is instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic quare, Carmel,
Indiana 46032.
[b.msword;zAshamd&i(N ms'n&cto tdoe S/I4IO?] 5
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary ' . .lie in and for said County and State, person.11y appeared KYMM
HOWENSTEIN, President of Ea_ - Kustom Home Builders, Inc., b s. - own, and who acknowledged
the execution of the foregoing"CON . T TO ENCROACH" - • is/her voluntary act and deed.
Witness my hand and Notarial Seal this _ say of , 2002.
NOTA' PUBLIC
My Commission Expires:
Printed Name
My County of Residence:
STATE OF INDIANA )
SeLs621p■ ) SS:
COUNTY OF IIAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD and MARY ANN BURKE, 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.
Witness my hand and Notarial Seal this day of C i , 9— ' , 2002.
. J • 4 I 1 /
o`0gher, Not�nTARY PUBL ' W
My Commission Expires: O. �*Coro ����$
bid
▪ M▪ 'N°`�r °,,ii:°° d Name
a cn a;
', /. ... ti3 County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
Return Original To:
Carrie A. Gallagher
Clerk-Treasurer's Office
CITY OF CARMEL
One Civic Square
Carmel, IN 46032
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PLOT PLAN PREPARED FOR TALL -' T. r� `
EAGLE KUSTOM HOMES 11��--'N nn��
PLOT PLAN LOT # 140 -gy�/p r RAW •
• MOFFITT FARM
AT PRAIRIE VIEW
SECTION # 3-A
INSTR. # 97 05551
P. C. # 1 SLIDE # 759,
AMENDMENT# 980981987 0, "A"
& AMENDMENT TO SUPPLEMENTAL
DECLARATION OF COVENANTS AND
RESTRICTIONS AND NOTATIONS ON a ENCROACHMENT
PLATS PRAIRIE VIEW MOFFITT FARM
INSTR. # 97 31763
5915 TALL TIMBER RUN