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Home My WebLink About120 3rd Ave NW-Givens/Kathleen, Long/Chad DD O» 1J° ,,�FJ Instrument CONSENT TO ENCROACH THIS CONSENT TO ENCROACHMENT "Agreement is hereby made and entered into this day of A o r 1997, by and between Kathleen M. Givens and Chad M. Long, of 120 Third Avenue NW, City of Carmel, County of Hamilton, State of Indiana "First Party and the City of Carmel, Hamilton County, Indiana by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, First Party is the owner of the real estate located in Hamilton County, State of Indiana, commonly known as 120 Third Avenue NW, Carmel, Indiana, located in Hamilton County, State of Indiana and being more particularly described as follows, to wit: Part of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, 9709716043 Filed for Record in Indiana, more particularly described as follows: Be HAMIL RY TON COUNTY, INDIANA Beginning 304.0 feet North of the South li an 189.0 feet A l _CARK g g �n M c_�4 -�8 -1997 At East of the West line of the East Half of the Northeast ENCROACHMNT 17.00 Quarter of Section 25, Township 18 North, Range 3 East; thence East parallel with the South line of said East Half 33.0 feet; thence North parallel with the West line of said East Half 158.0 feet; thence West parallel with the South line of said East Half 107.5 feet; thence South parallel with the West line of said East Half 77.3 feet; thence Southeasterly 108.7 feet to the Place of Beginning, containing 0.32 Acre, more or less. "Lot WHEREAS, located on the Lot are certain improvements, including but not limited to, a residence; WHEREAS, First Party wishes to construct, on the Lot, a 48" high, permanent, cedar picket fence "Proposed Fence WHEREAS, First Party has presented a sketch depicting the locations of the residence and Proposed Fence, on the plat of the Lot, a copy of which is attached hereto and incorporated herein by reference as Exhibit A "Sketch WHEREAS, there is located adjacent to the lot a forty -five (45) foot right right of -way of Third Avenue NW "Right -of- Way which runs along the East section of the "4:9 Lot, and which Right -of -Way is labeled "West R.O.W. of 3 Avenue N.W." on the Sketch; WHEREAS, the Right -of -Way benefits the City; WHEREAS, as is indicated on the Sketch, the Proposed Fence will encroach upon the Right -of -Way "Encroachment which Encroachment is crosshatched on the Sketch; WHEREAS, First Party and City acknowledge the location of the Encroachment; and WHEREAS, 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. NOW, THEREFORE, that for and in consideration of the mutual covenants and agreements herein contained and 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 definitions are made a party hereof as if such were fully set forth herein. 2. The City hereby consents to the Encroachment for only so long as the Encroachment exists and only at the location designated and approved by the City Engineer. 3. First Party hereby covenants and agrees not to extend or increase Encroachment beyond that which is indicated on the Sketch. 4. First Party hereby agrees that the City shall have the right to remove any portion of Proposed Fence as it deems necessary to protect and /or repair utility and/or sewer /water lines contained within the Right -of -Way or in the course of widening, repairing, or snow plowing the pavement within the Right -of Way. 5. First Party hereby agrees to indemnify and hold harmless the City, its respective officers, officials, members, employees, invitees, licensees and agents from and against any and all losses, liabilities, claims, judgments, costs (including attorney fees and court costs) and damages, including -48 4., bodily injury and death, occurring on the Lot and resulting directly or indirectly from the City's acts within the Right -of -Way. 6. First Party hereby agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to the City, copies of the Agreement bearing the recording information. Parties represent and warrant that they are authorized to enter into this Encroachment Agreement and the party executing same has the authority to bind the party which they represent. IN WITNESS WHEREOF, First Party and City have entered into this Agreement on the date first above written. FIR T PARTY: CITY: �a 1. /i,, r1•(. avle____ Ka leen M. iv- s fames Brainard, Mayor at Z '0 Date: r4fr Chad M. L. o: atso Tr Member ate: 2 '`1 Date i� q ji- r/ Bill alker, Member Date: pO 7 n 1 ri 5 ti3 n; c ATTEST. L. I)/ �y` i Diana L. Corr a lei- Trea I Date: i 4 •t' t d q 1 %l r This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. EXHIBIT A 7 Kathleen M. Givens T ,1M Chad M. Long Q I O O o a O :0 1 r�Z'�Z�J� 0 20 Third Avenue N.W. 3R 1 r Y w 3 4 1 Servlce 11ne West R.O.W. Line with Ught' 192-52 3rd Av =nue N.W. L1 w w Story Fram� 0 I Flower Bed RIW SIIW 8 �y� �3 Cab. P*' 192-524 ®I Comb. Pole No v i �r NORTH Location of Fence in R.O.W. 8'6" from Edge of Pavement per Agreement between City Inspector and Homeowner Onsite 3 ELI n—• From: David E. Wilcox, P.E. Dick Hill Date: 3118197 Time: 17:08:16 Page 2 of 2 1 EXHIBIT A(1) ALLEN S MRS. MOON FLEMMING MOON, (SOUTH) SUBJECT PROPERTY 9310005 HODGES BEARD AN I MONON R LINE 9310005 #9134012 #8710696 MILLER 9326159 I 116193 c l 12112/91 518/87 5!28193 1st St. NW 33' RAN HINSHAW HINSHAW (WEST) 2 (EAST) 'A' csxT SW CORNER E�NE SEC 25.18 -3