511 2nd Ave NE - Chastain, Jenny 200300105002
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HAMILTON COUNTY INDIANA
•.JENN J. FER .J HftYDN
.r_ pT.
ENCR0,0 HMNT 20.0o
CONSENT TO ENCROACH
APPROVED AS TO FORM Erif4
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Jenny Arm Chastain, 511 Second Avenue N.E., Carmel, Hamilton County, Indiana 46032 (individually,
"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 47 "Lot with a common address of 511
Second Avenue N.E., Carmel, Hamilton County, Indiana 46032, in the C.W. Weidler's 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 Deed Record 113, page 36 in the
Office of the Hamilton County Recorder on May 16, 1922, as C.W. Weidler's Subdivision; and
WHEREAS, the Owner wishes to construct a fence (the "Fence on the lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Fence on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit
A; and
WHEREAS, the Fence will be constructed on a portion of the Lot designated as Public Right of
Way (the "Right of Way identified as 5 Street N.E. on Exhibit A; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Fence will encroach (the "Encroachment upon the
Right of Way, which Encroachment is crosshatched on the Sketch; and
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WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit A; and
WHEREAS, the location of the Fence as indicated by the Owner on Exhibit A should not
materially interfere with the City's use of the Right of Way.
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 Encroachment for only so long as
(i) the Encroachment exists; 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 Fence from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fence 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 Right of Way, 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 Fence
or to Owner.
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5. 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 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, contractors and/or agents in the Right of Way.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Right of Way and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Fence.
7. Owner agrees that the placement of the Fence in the Right of Way shall be at Owner's cost,
expense and risk and that, if the City, in its sole discretion, performs any work in the right
of way, including, but not limited to, the maintenance of grassy areas /landscaping or the
snow plowing of streets or sidewalks, that causes damage to the Fence, or any part thereof,
any and all repairs to same shall be the sole responsibility of the Owner and that, under no
circumstances shall the City be responsible for any costs of relocation and/or repair of the
Fence.
8. 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.
9. The parties agree that the terms of this Agreement shall be binding upon and inure to the
[do msword z: \sharcd\dhaforns \chastamconsrntdoc 8 /22/03] 3
benefit of their respective heirs, administrators, successors and assigns.
10. 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.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
0 07t OjAe-' pet
PUBLIC WORKS AND SAFE
Jeni4/Ann Ch6 tain m es Brainard Presiding Officer
SSN: Date:
Date: (c'/ Sia Mri■ i
Ma Ann rke, Member
Date: ,3'
Lori Watson �i :`er
Date: Cifz,,,
o d
ATTEST: a� R "4bheas ®n9 for y.t ,,,,,;,,,,.,,,,,t_::„
ti''.''' 1
Diana Cordray, ;;Clerk- Trea�syfer.
Date: 9;3- 0,t, i J
RETURN ORIGINAL TO: �'Y
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
SS:
COUNTY OF -,:c
Before me, a Notary Public in and for said County and State, personally appeared JENNY ANN
CHASTAIN, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as her voluntary act and deed.
Witness my hand and Notarial Seal this 00 day of 6.� 20
NOTARY PUBLIC
My Commission Expires:
3 4-v. ,26 Printed Name
My County of Residence: 7 I. �r>
rf
t.,
STATE OF INDIANA
SS:
COUNTY OF HAMILTON '3
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, nd� j m 81$ e bb t�
Members of the City of Carmel Board of Public Works and Safety, and D C A L. CORDRAY, er
rEve
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 r.41 day of 201.
NOTARY PUBLIC
My Commission Expires: /y
/0A//I/ al I./ 5 i„
'7 Printed Name
My County of Residence: )!4 /JT 1i/
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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1
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Description of Fence:
4o 4
Picket Style Fence
Cedar Pickets
Pickets Approximately 40 -42" in height
Painted White
T. J Fence proposed to be 42" from edge of road
is +I
a l 145'
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21 5' 8' 42.2
D 2 w FRA
Z a IRoU 1 STORY MF 010(1
W FRAME 0 LOT GAR,
N -n o
a r 47
cn z 40' -ii I I
t'
1 a w- i
W 9 w i p v 0
v)
1 0_ 92 145 1
w 5th. -STREET N.E.
3O' •/VJ s.
a
7-.--- EXHIBIT "A"
R IGHT OF WAY ENCROACHMENT