Meadowlark Park - City of Carmel/Parks Board c of ord.
X\ Instrument
N 9709701526
-Z sir. 9aa334 9
CONSENT TO ENCROACH O /9, )99a)
THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and
i9g6
entered into this 'J day of Q7�� irw 19 oy and between the Carmel -Clay Board
of Parks and Recreation of One Civic Square, Carmel, Hamilton County, State of Indiana
(hereafter, the "Park Board and the City of Carmel, Hamilton County, Indiana by and through
its Board of Public Works and Safety (hereinafter, the "City
WITNESSETH:
WHEREAS, Park Board is the owner of Meadowlark Park located in Hamilton County,
State of Indiana; and
WHEREAS, City is the Right -of -Way owner of the Real Estate commonly known as
Guilford Avenue (the "Right -of- Way and
WHEREAS, Park Board wishes to construct a Trail and Trail Head over the Right-of-
Way (hereinafter collectively, "Proposed Trail Head and
WHEREAS, Park Board has presented a sketch depicting the location of the Proposed
Trail Head, a copy of which is attached hereto and incorporated herein by reference as Exhibit A
(hereinafter, the "Sketch
WHEREAS, the Right -of -Way benefits the City;
WHEREAS, as is indicated on the Sketch, the Proposed Trail Head will encroach upon
the Right -of -Way (hereinafter, the "Encroachment which Encroachment is crosshatched on the
Sketch;
WHEREAS, Park Board 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.
1
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 for only so long as the Encroachment
exists.
3. Park Board hereby covenants and agrees not to extend or increase the Encroachment
beyond that which is indicated on the Sketch without prior written consent of the City.
4. Park Board hereby agrees that the City shall have the right to remove any portion of
Proposed Trail Head as it deems necessary. to protect, extend, improve and/or repair
Right -of -Way or utility and/or sewer lines contained within the Right -of -Way.
5. Park Board 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 Lot and resulting directly
or indirectly from City's acts within the Right -of -Way.
6. Park Board 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.
2
Parties represent and warrant that they are authorized to enter into this Encroachment
agreement and the party executing the agreement has the authority to bind the party which they
represent.
IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on
the date first above written.
FIRST PARTY CI r
jr Aft/
Carmel -Clay Parks and Recreation C. C. j Mayor
By: a� Ji
dy an, Pfesident atson,,Member
4
Billy alker, Member
"'Inc) N'
ATTE..
216.14.....
Diana L. Cordray, C1er. "surer/-' 1 r 4
9709701526
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 01 -15 -1997 At 01:41 pm.
ENCROACHMNT 14,00
This Instrument prepared by Debra M. Grisham, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
3
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Location of fultre
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