Trails of Avian Glen - Davis Development s1 E
Instrument
9709702691
X3
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and
entered into this 19 day of ,e.o A, 199/ by and between Davis Development, of
3755 East 82n Street, Suite 120, Indianapolis, Marion County, State of Indiana (hereafter, the
"First Party"), and the City of Carmel, One Civic Square, Carmel, Hamilton County, Indiana by
and through its Board of Public Works and Safety (hereinafter, the "City
WITNES SETH:
WHEREAS, First Party is the developer of a subdivision commonly referred to as "Trails
of Avian Glen," located in Hamilton County, State of Indiana (the "Subdivision and
WHEREAS, attached hereto as Exhibit A is a sketch of a portion of the Subdivision
including an area labeled "Common Area" along 131 Street at the southernmost boundary of the
Subdivision (the "Common Area and
WHEREAS, there is located on the Common Area a fifteen (15) foot drainage and utility
easement (hereinafter, "Drainage Easement which runs along the western, southern, eastern and
northeastern perimeter of the Common Area, and which Easement is labeled "15' D. &U.E." on
the Sketch; and
WHEREAS, the Drainage Easement benefits the City; and
WHEREAS, First Party desires to drill a well within the Drainage Easement at the
location depicted by an asterisk on Exhibit A (the "Proposed Well and
WHEREAS, as is indicated on Exhibit A, the Proposed Well will encroach upon the
Drainage Easement (hereinafter, the "Encroachment"); and
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 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.
1
V
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 Common Area and resulting
directly or indirectly from City's acts within the Easement, including, but not limited to,
drawdown effect from City activities or in the event the Proposed Well and/or equipment
with the Proposed Well cause any problem with another well or pond drawdown affecting
the Detention Pond located in the Common Area (the "Pond
5. If the Pond is determined to be within the one (1) year time of travel then City has the
right to terminate this Agreement and shall have the right to require First Party to line the
Pond within a timeframe agreeable to the City.
6. 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.
7. 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. 9709702691
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 01 -27 -1997 At 08:37 a
FIRST PARTY CI CROACHMNT 13.00
e
Davis Devel pment awes C. B nard, Mayor
BY: �/i "5 /2 CJti/i
o atson M ember
Title: 1/ir� �rn 1
G�iv"
Billy alker, Member
ATTE T: r.-
Diana L. Cordray; "C1`ej
�14Teasr}i:
This Instrument prepared by Debra M. Grisham, Attorney at Law, One Civic Square,` f W, In 6032.
Contract/Davis Development t�
2
S. LINE, N.W. 1 /4 4'
SEC.28,T.18 N.,R.4 E.
N 89'49' 14" W 483.80'
O v v, 4\
rn m o
N 131st STREET o z
co 0 .17.6 5
o Q 4 n Z 15' D.
Z 4 B.J.
�1 c R J
COMMON AREA Fri e.�t 68,446 S.F.
P D.&L.E.
S74. 3 I
0 0 .00 2 f S88 E S89 '05' I
N
N
115.19' 107.57' .O
�I Of A t v O
rn
CT) oti o rn
Z 0 20' D.E. 7 339 O J nj O 00
Iv r,i
1
i 1 i z
L
s, S a39 0 338 0 37
N
4 Se F 0 20,1 S F O 0
'if U, S 3 rn n 24,842 S.F. c
.64 0 2p
S,c �4- V� F 13.92' 4 0 e 0) 76,
1Jp,. 1 52.02 55.52' 976
6. 0 4. 226. 10' 8.
-9'' 100.29'
1
.0 201 1 X 80.06' N89'34'14 "W R s �o.
V Zp� 3 0 c
c 4\1 O 4 e 33.45' 85.29 1 5.00' 0 9, 051 .cs ti
9
S 'Y c,,�� rn o r Z 20 S`1S
A6y Vi c, C I o F----
tr �F �a
0 B ___i w I o r\i J N.
Di g' S N_ I O V1 i
cn (pi