Gray/Main/Brookshire Pkwy - Foster Grove HOA A FORA BYa
Instrument
CONSENT TO ENCROACHMENT 70971 562
9709714
THIS CONSENT TO ENCROACHMENT "Agreement is hereby made and
entered into by and between the Foster Grove Homeowner's Association, Carmel, Indiana
"First Party and the City of Carmel, Hamilton County, Indiana, by and through its
Board of Public Works and Safety "City
WITNESSETH:
WHEREAS, First Party is a homeowner's association consisting of owners of real
estate in the subdivision commonly known as Foster Grove, located in the City of Carmel
County of Hamilton, State of Indiana; and
WHEREAS, First Party wishes to perform landscaping, install lighting and
construct signs (collectively, the "Signs within the Foster Grove Subdivision
"Subdivision at the following locations:
1. The northwest corner of Gray Road and Briarwood Trace;
2. The northwest corner of Main Street and Brookshire Parkway; and,
3. The northwest corner of Main Street and Hazelwood Drive; and
WHEREAS, First Party has presented a sketch "Sketch depicting the Foster
Grove Subdivision and the Signs, a copy of which is attached hereto and incorporated
herein by this reference as Exhibit A; and
WHEREAS, the Signs will benefit City by providing more aesthetic entrances to
the Subdivision; and
WHEREAS, there is located along each of the aforementioned thoroughfares a
right -of -way "Right -of- Way which is dedicated to City; and
WHEREAS, each Right -of -Way benefits City; and
WHEREAS, as is indicated on the Sketch, the Signs will encroach upon one or
more Right -of -Ways (collectively, the "Encroachments which Encroachments are
indicated on the Sketch; and
WHEREAS, First Party and City acknowledge the location of the Encroachments;
and 9709715624
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 04 -24 -1997 At 03 :08 pm.
ENCROACHMNT 15.00
4 es gc• 0
WHEREAS, First Party and City 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, 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:
1. The foregoing preambles, recitations and definitions are made a part hereof
as though such were fully set forth herein.
2. City hereby consents to the Encroachments for only so long as the
Encroachments exist.
3. First Party hereby covenants and agrees not to extend nor increase the
Encroachments beyond that which is indicated on the Sketch.
4. First Party hereby agrees that City shall have the right to remove any
portion of the Signs as it deems necessary, in its sole discretion, to protect
and /or repair utility and /or sewer lines contained within any Right -of -Way.
5. First Party hereby agrees to indemnify and hold harmless City, its officers,
officials, members, employees, invitees, licensees and agents, 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, bodily injury, death and destruction of property, occurring at
or in the immediate vicinity of the Signs and resulting directly or indirectly
from City's or any other person's acts within any Right -of -Way.
6. First Party hereby agrees to record this Agreement in the Office of the
Hamilton County Recorder and to provide to City copies of the Agreement
bearing such recordation information within five (5) business days of the
execution of same 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.
0 14 1 0 0
0
IN WITNESS WHEREOF, First Party and City have entered into this Agreement
as of the date on which the last of the parties hereto executes same.
Foster Grove Homeowner's Association City of Carmel, Indiana
"First Party "City
BYE i� I• In p
ln�Q P-, V e- k.�'�%� —z, By:
James Brainard, Mayor
Date:
Printed Name \nor)dda 1 €c,Ai1�� A F
44
Title: Rc i C.t�,- Ct c 1_,ori at ;on Member
alv-uc svv-zc5 P►SS 6 C B; e "T cd
Date: 3 D-- 91 .r7.
Billy calker, Member
Date: &i ,/,a47
ATTEST:
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Diana L. ordray LIerk -T rr urea
Date:
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::1 M L.
This Instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square,
Carmel, Indiana 46032.
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