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Home My WebLink About5401 Alvamar Place - Calhoun, Keith/Marcia APPROVED AS TO 1, CONSENT TO ENCROACf st rument FO BY 9709739899 ,00 THIS CONSENT TO ENCROACH (hereafter, "Agreement is hereby made and entered into by and between Keith A. and Marcia A. Calhoun of 5401 Alvamar Place, Carmel, Hamilton County, State of Indiana "First Party"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WHEREAS, First Party is the owner of certain real estate( "Real Estate commonly known as 5401 Alvamar Place, Carmel, Indiana, located in the County of Hamilton, State of Indiana and being more particularly described as follows, to wit: Lot numbered 32 in Plum.Creek Ridge, Section 1, an addition in Hamilton County, Indiana as per plat thereof recorded as Instrument No. 9607755 in the Office of the Recorder of Hamilton County, Indiana. WHEREAS, located on the Real Estate are certain improvements, including but not limited to, a residence "Residence and WHEREAS, First Party wishes to construct on the Lot, a picket, wrought iron design type fence, (hereinafter, "Proposed Fence and WHEREAS, First Party has presented a sketch "Sketch depicting the location of the Residence and Proposed Fence on the Real Estate, a copy of which Sketch is attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, there is located on the Real Estate a 10 foot drainage, utility and sewer easement "Easement which runs along the South section of the Real Estate, and which Easement is labeled "10' D. U. S. E." on the Sketch; and WHEREAS, the Easement benefits the City; and WHEREAS, as is indicated on the Sketch, the Proposed Fence will encroach upon the Easement (the "Encroachment which Encroachment is crosshatched on the Sketch; and WHEREAS, First Party and City acknowledge the location of the Encroachment; and WHEREAS, First Party and City agree that the terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, successors, and assigns. NOW, THEREFORE, for and in consideration of the covenants and agreements herein contained and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties hereto now mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and/or definitions are made a part hereof as though they were fully*set forth herein. 2. The City hereby consents to the Encroachment for only so long as the Encroachment exists. 3. First Party hereby covenants and agrees not to extend nor increase the Encroachment beyond that which is indicated on the Sketch. 4. First Party hereby agrees that City shall have the right to remove any portion of Proposed Fence as it deems necessary, in City's sole discretion, to protect and/or repair utility and/or sewer lines contained within the Easement. 9709739899 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 09 -22 -1997 At 12 :57 pm. ENCROACHMNT 15.00 1 5. First Party hereby agrees to indemnify and hold harmless City, its employees, officers, officials, members, employees, invitees, licensees, agents and legal representatives, from and against any and all losses, liabilities, claims, judgments, costs (including, but not limited to, attorney fees and court costs) and damages (including, but not limited to, those claimed as a result of any bodily injury or death to persons and/or the destruction of property) occurring on the Real Estate and resulting directly or indirectly from City's or any other person's acts within the Easement. 6. First Party hereby agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City copies of same bearing such recordation indicia within five (5) business days of the execution of this Agreement by the parties hereto. 7. The parties represent and warrant that they are each authorized to enter into this Agreement and that each party executing same has the authority to bind the party which it represents. 8. If any provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. 9. This Agreement represents the entire understanding and agreement between First Party and City with respect to the subject matter hereof and supersedes all prior negotiations, representations and/or contracts, either oral or written, regarding same. 10. The parties warrant that they have read this Agreement and understand it, are aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and without any duress, undue influence, coercion, or promise of benefit, except as expressly set forth herein. IN WITNESS WHEREOF, First Party and City have entered into this Agreement, which shall become effective and binding on the date on which the last of the parties hereto executes same, as follows: FIRST PARTY CITY OF CARMEL, INDIANA by and t ough its Board of Public 'Vo ks and Safety: By: lit/ Keith A. Calhoun J s Brainard, Ma or ate: 3' Date: A 06-u Si 029; I 77 By: Al v1 '7?40 etaae.t,-- Mary Anne B ke, /Mem e Marcia A. Calhoun Date: n �f/ 3 /7 7 Date: P 97 Bye Billy Walker, Member Date: v m•- f z ATTES" 9 r Diana L. Cordray, Clerk Treasurer C.D Date: f- 3- f This Instr ,nerct,prepared by Dcbra M. Grisham, Attorney at Law, One Civic Square, Carmel, Indiana 46032. 2 tiZ 1!C`l,J‘11 UN GRADE EIE PLACED 'Flar'r-P EXHIBIT A '(Cif CURB. 40.2 r» 400 I- LOT 32 49.16 1 SE i I :I l 7.T.'7 sx ..T: s Vt I t 1 wo r r RAW z 46.71 �I°iaTA I L•• aSiiT N O 1 1 in Wm 75 4.3 it! Sala: LW lin �tFt cwt 73 1._ lElf k-s g ?8,1.3 �Z a. 1 1 1k v .1.. 1 a S2 OPI 1)'\ ......W.4 1 r-' Teumni.73 MAC r 2S' S.U. it PER SAN SEibE f 28.0 r RECM0 DRAWN c f r---- _'"_"'r- f ilti:— 1 1 6 4 e E glp,_ t Tali 751 1 ALVVMAR PCAcr I �j g g 14 S.F. 4. 'Z .it':).. S 38 Z 39 13,687 S.F. 54 j 2 Y 40 15,334 S.F. \0 73.35 N o 17,233 S.F. 4111 5402 75710-4-1 j 4� 49.56' 13.37' 2. 8 9. 25,355 S.F. y 5,e ea. p A c 15,760 S.F. 5q°0 ag, r LP�CG R' C-20 A L 1 AMP R N90'00'00-E 86.85' S S 9g R N 53 0 19— R S81b0 �•E 59 5 S 1 15 e0' 33 9a 85.41 1 3.37' 5650 �a 40.07 R--:-.2 5403 ‘04.05 3.11' ?s s g \14- 4 69 33�_ 32 W 21,872 S.F. In 8 13,762 S.F. 8 I 31 13,491 S.F. s g 12,349 S.F. 12,994 S.F. 146.52' f �0' 116.43' 148.42' 1 N85 5'0 E N85'15 00 E g 83.11 90.16' N85'15'OO�E 82.34 1 •k :I- 90. w S 10 9 0.16' It o 113.33, r',' J �o ouaaE r 4 Z 1 p S O 11:9 30 s s 29 g 28 I 27 26 1 V 1 12,909 S.F. 21,966 S.F. I S.F. 11,942 S.F. 1\;425 S.F. ____L_ 25� ___.71 5402 1 5404 1 25 1 S406 1 1 q 5398 1 1 5400 1 25bUAdE asE P 72.2\ 90.00 90.00' 90.00' 144.08' v S.F. 413( m 8. LOCH�VIERE DRIVE 1 iri cN N86'40'00'E 533.77 o f tri N October 30, 1997 Keith and Marcia Calhoun 5401 Alvamar Place Carmel, Indiana 46033 Re: Consent to Encroach Dear Mr. and Mrs. Calhoun: This consent to encroach approved at the September 3, 1997, Board of Public Works meeting was recorded by the Hamilton County Recorder's Office September 22, 1997. We received this information from the Recorder October 30, 1997. Enclosed is a copy of the document approved by the BPW and recorded by the county. We will keep the original in our office. If you have questions, please call us at 571 -2414, or call the Recorder's Office at 776 9618.. Sincerely, Rebecca L. Wolf Deputy Clerk cc: file enclosure: copy of signed encroachment September 8, 1997 The Honorable Mary Clark Recorder, Hamilton County Hamilton County Judicial Center One Hamilton Square Noblesville, Indiana 46060 Re: Consent to Encroach Dear Ms. Clark: I hereby certify the attached consent to encroach was approved by the Carmel Board of Public Works Safety at its September 3, 1997, meeting. Please contact me at 571 -2414 if you require further information. Sincerely, Diana L. Cordray Clerk Treasurer Enclosures: Check #199 in the amount of $18.00 Consent to encroach Self addressed Stamped Envelope Sent via certified mail receipt #P 304 139 280 cc: file, Keith A. Calhoun September 8, 1997 Keith A. Calhoun 5401 Alvamar Place Carmel, Indiana 46033 Re: Consent to Encroach Dear Mr. Calhoun: This is to acknowledge your payment of $18 to complete the recording of the consent to encroach approved September 3, 1997, by the Carmel Board of Public Works Safety. Enclosed is a copy of the transmittal letter to the Hamilton County Recorder. Once your consent to encroach has been recorded and returned to this office (which may take up to six months), we will forward you a copy of the recorded document. Please call me at 571 -2414 if you have any questions. Sincerely, Diana L. Cordray Clerk Treasurer enclosure: copy of recorder letter cc: file I