5909 Silas Moffit Way - Post David/Lisa 04/25/2012 ENCROACHME
10:05: $28.00
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Mary L. Clar 26A GS
rG Recorded asuPteseecor
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c APPROVED, AS TQ
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the"Agreement") is entered into nd between
David and Lisa Post, husband and wife, 5909 Silas Moffit Way, 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 52 (`Lot') in the Moffitt Farm at Prairie View
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 #9809804217 in Plat
Cabinet 2, Slide 74 in the Office of the Hamilton County Recorder on January 29, 1998, as Moffitt Farm at
Prairie View, Section 2-A; and
WHEREAS, Owner wishes to construct a concrete pool deck, fence, and block retaining wall (the
"Improvements") on the Lot; and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the proposed location of the
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Improvements will be constructed on a portion of the Lot designated as Drainage,
Utility, and Sewer Easement (the "Easement"), identified as "IS' D.U. X S_E_" on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
•
WHEREAS, as indicated on the Sketch, the Improvements 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 Improvements as indicated by Owner on Exhibit A, should not
materially interfere with the City's use of the Easement.
NOW, TI-IEREPORE, 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:
I 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.
Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Encroachment and/or the Improvements from what is depicted on
Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Improvements 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 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
Improvements.
5. It is solely the Owner's obligation to ensure that the Improvements do not impede drainage
so as to create drainage problems on adjacent properties. This obligation shall include, but
not limited to, all necessary maintenance and repairs to all Improvements components,
including the removal of any debris collected on Improvements.
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 I..ot, 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 Improvements 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 Improvements,
or (Inc to Owner's obligations, responsibilities, actions or inactions as set Ibrth herein.
8. 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 clays 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.
I I. This Agreement shall be effective as of the date on which the last party hereto executes same.
..OWNER„ "CI l
CffV OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PURL . WORKS ANI) St LTV
eif
David Post tat s Brainard, Presiding Officer
SSN: 3° 3-Co6- 5713 Date: ta/O - Q/
Date: 0 `cc. ISZ00°
Mary Ann Burke, Member ,
Date:
Lisa Post , , _ t P. '3 1,.111
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SSN: �3 /S�-mod R�3 Billy talker, Member°_� f 'i
Date: / of — /q ( Date: g/ 0 q� r • a , ,
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token reu > 4 hSocial Security � '' �rF i_�- e _
number ri tt ee^ , •reyuiced by law• _� , i art *..�
Diann C ordt t I MC+ Pct k a` is(ir t' ' j
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STATE OF INDIANA )
SS:
COUNTY OF W,ti )
Before me, a Notary Public in and for said County and State, personally appeared David Post, by
me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his
or her voluntary act and deed. //��
Witness iiy hand and`Notaiiai Seal this /Cr4, day of Pe-t>rrac.24 , 2000
r,!
ti NOTARY PU I.IC
Mj C'onumsston Er pi er: < _
�r i t 0 ; - 1
.l .- ; L � i , n(J/Eft h__
i / -,00, Printed Name
': {r.,• Maly County of Residence: -4-t Lx-tut
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STATE OF INDIANA )
) SS:
COUNTY OFiara,' � )
Before me, a Notary Public in and for said County and State, personally appeared Lisa Post, by me
known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACI I" as his or
her voluntary act and deed.
'Witness•my-hand-and •Notarial Seat this lglh day ofd S4f — 20W.
P ,' t
NO' RY I • 3LIC
\Iy ConSnussion Fvpthc'
y 1 t .N'a7�a 21:CC.c._
- 1__ 1 Printed Name
My County 01 Residence: .7 _ /_ZW/
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STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, M*RY 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 CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana_
h
Witness my hand and Notarial Seal this /6/clay of Uo/tLC(ji4.v) , 20&.
NOTARY PUBI O
My Commission Expires ` r
68 -05 -07 Printed Name rY
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Maly County of Residence- _ R x l L'a , �:
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This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square,' Carmel,
Indiana 46032.
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