Woodfield Subdivision Lot 156 - Duffin, Mark/Jannet Las. Deed �P
Instrument Record;
9709701808
OA r�5fr 1-#
CONSENT TO ENCROACH `h„42.1431
THIS CONSENT TO ENCROACHMENT (hereinafter "Agreement is hereby made and
entered into this 4 day of December, 1996, by and between Mark Duffin and Jannet Duffin, of
Carmel, State of Indiana (hereinafter, the "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 the owner of the real estate located in Hamilton County, State
of Indiana, commonly known as Let 154. n lA)rodf ed 4 Carmel, Indiana, located in
and
Hamilton County, State of Indiana Zh4.being more particularly described as follows, to wit: Lot
156, Section 7A, Woodfield.
WHEREAS, located on the Lot are certain improvements, including but not limited to,
WHEREAS, First Party wishes to construct, on the Lot, a Rose Garden (hereinafter,
"Proposed Rose Garden
WHEREAS, First Party has presented a sketch depicting the locations of the Proposed
Rose Garden, on the plat of the Lot, a copy of which is attached hereto and incorporated herein
by reference as Exhibit A (hereinafter, the "Sketch
YViMREAS, there is located on the Lot a 20 foot draiaagelutil iy ease rie'iit (heieinaf kr,
"Easement which runs along the east and north section of the Lot, and which Easement is
labeled "20' D LIE" on the Sketch;
WHEREAS, the Easement benefits the City; 970970 1808
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 01 -21 -1997 At 09:03 am.
ENCROACHMNT 16.00
WHEREAS, as is indicated on the Sketch, the Proposed Rose Garden will encroach upon
the Easement (hereinafter, the "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 goo 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. 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 that the City shall have the right to remove any portion of
Proposed Rose Garden piers (x6) as it deems necessary to protect and/or repair utility
and/or sewer lines contained within the Easement.
5. First Party hereby agrees to record this Agreement in the office of the Hamilton County
Recorder and to provide 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 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
fmes C. Bra' Mayor
4111
By:
..ef/
4111
Mark G ion at son -mber
Title: Lot 156 Owne r
Billy l e alker, Member
ATT
It
Diana L. Cordia§,SJerk
This instrument prepared by Debra M. Grisham, City Attorney, One Civic Square,
Carmel, Indiana 46032
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5432 LAYMEN DRI