5401 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.
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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
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