Carmel Science and Technology Park - Lots 20,21,22/Bay Development Corp 9609 &31915
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACHMENT (hereinafter "Agreement is hereby made and
entered into thisS/ day of \I-c4 1996, by and between Bay Development
Corporation, of Indianapolis, State of Indiana (hereinafter "First Party"), and the City of Carmel,
Hamilton County, Indiana by and through its Board of Public Works and Safety (hereinafter, the "City"),
WITNESSETH:
WHEREAS, First Party is owner and developer of real estate located in Hamilton County, State
of Indiana, commonly known as Lots #20, 21, and 22, Clay Township, located in Hamilton County, State
of Indiana and being more particularly described as follows, to wit:
Lots numbered 20, 21 and 22 in Carmel Science and Technology Park, as per plat recorded in
Plat Book 13, Pages 65 through 71, thereof in the Office of the Recorder of Hamilton County, Indiana
(hereinafter, individually, the "Lot and collectively, the "Lots
WHEREAS, First Party wishes to construct, on the Lots, residences of between 1200 and 1700
square feet in size; and
WHEREAS, First Party wishes to include in the construction of said residences, patios or wood
decks;
WHEREAS, First Party has presented a plat depicting the locations of the Lots, a copy of which
is attached hereto and incorporated herein by reference as Exhibit A (hereinafter, the "sketch
WHEREAS, there is located on the Lots a drainage easement (hereinafter, "Easement which
runs along the eastern section of the Lots, and which Easement is depicted on the Sketch;
WHEREAS, the Easement benefits the City;
WHEREAS, the patios or decks of the proposed residences will encroach no more than five (5)
feet upon the Easement (hereinafter, the "Encroachment
WHEREAS, First Party and City acknowledge the location of the Encroachment as depicted on
the Exhibit A; 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. 9609631815
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 07 -31 -1996 At 03:35 pm.
ENCR 14.00
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, to -wit:
1. The foregoing preambles, recitations and definitions are made a part hereof as such are fully
set forth herein.
2. The City hereby consents to the Encroachment on each Lot for only so long as the
Encroachment on each Lot exists.
3. First Party hereby covenants and agrees not to extend or increase the Encroachment beyond
that which is indicated on the Sketch.
4. First Party hereby agrees to indemnify and hold harmless City, its respective officers,
officials, members, employees, invitees, licensees and agents from and against any and all
loss, liability, claims, judgments, costs (including attorney fees and court costs), and
damages, including bodily injury and death, occurring on the Lots and resulting directly or
indirectly from City's acts within the Easement.
5. 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.
IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on the date
first above written.
FIRST PARTY CITY
Bruce klare, Vice President ,awes C. Brainard, Mayor
atson, Member
a i l la MOIL
Billy W. er
ATTEST:
0 iana L. Cordray, Cler -T er
1
This document prepared by the City of Carmel:Department of Law.
STATE OF INDIANA.
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said C unty and State personally appeared the
members of the Board of Public Works and Safety of the City of Carmel, Indiana, Mayor
James Brainard, Lori Watson and Billy L. Walker, whose names are subscribed to the
foregoing instrument and acknowledged the execution of this instrument this 5th day
of' June, 1996.
gi
kill M. Vandegriff, i Public
I
P iCommiss on expires:
l
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