120 3rd Ave NW-Givens/Kathleen, Long/Chad DD
O» 1J° ,,�FJ Instrument
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACHMENT "Agreement is hereby made and
entered into this day of A o r 1997, by and between Kathleen M.
Givens and Chad M. Long, of 120 Third Avenue NW, City of Carmel, County of
Hamilton, State of 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 the owner of the real estate located in Hamilton County,
State of Indiana, commonly known as 120 Third Avenue NW, Carmel, Indiana, located in
Hamilton County, State of Indiana and being more particularly described as follows, to
wit:
Part of the East Half of the Northeast Quarter of Section 25,
Township 18 North, Range 3 East in Hamilton County, 9709716043
Filed for Record in
Indiana, more particularly described as follows:
Be HAMIL RY TON COUNTY, INDIANA
Beginning 304.0 feet North of the South li an 189.0 feet A l _CARK
g g �n M c_�4 -�8 -1997 At
East of the West line of the East Half of the Northeast ENCROACHMNT 17.00
Quarter of Section 25, Township 18 North, Range 3 East;
thence East parallel with the South line of said East Half
33.0 feet; thence North parallel with the West line of said
East Half 158.0 feet; thence West parallel with the South
line of said East Half 107.5 feet; thence South parallel with
the West line of said East Half 77.3 feet; thence
Southeasterly 108.7 feet to the Place of Beginning,
containing 0.32 Acre, more or less. "Lot
WHEREAS, located on the Lot are certain improvements, including but not
limited to, a residence;
WHEREAS, First Party wishes to construct, on the Lot, a 48" high, permanent,
cedar picket fence "Proposed Fence
WHEREAS, First Party has presented a sketch depicting the locations of the
residence and Proposed Fence, on the plat of the Lot, a copy of which is attached hereto
and incorporated herein by reference as Exhibit A "Sketch
WHEREAS, there is located adjacent to the lot a forty -five (45) foot right right
of -way of Third Avenue NW "Right -of- Way which runs along the East section of the
"4:9
Lot, and which Right -of -Way is labeled "West R.O.W. of 3 Avenue N.W." on the
Sketch;
WHEREAS, the Right -of -Way benefits the City;
WHEREAS, as is indicated on the Sketch, the Proposed Fence will encroach upon
the Right -of -Way "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 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 party
hereof as if such were fully set forth herein.
2. The City hereby consents to the Encroachment for only so long as the
Encroachment exists and only at the location designated and approved by
the City Engineer.
3. First Party hereby covenants and agrees not to extend or increase
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 Fence as it deems necessary to protect and /or repair
utility and/or sewer /water lines contained within the Right -of -Way or in
the course of widening, repairing, or snow plowing the pavement within
the Right -of Way.
5. First Party hereby agrees to indemnify and hold harmless the City, its
respective officers, officials, members, employees, invitees, licensees and
agents from and against any and all losses, liabilities, claims, judgments,
costs (including attorney fees and court costs) and damages, including
-48 4.,
bodily injury and death, occurring on the Lot and resulting directly or
indirectly from the City's acts within the Right -of -Way.
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.
Parties represent and warrant that they are authorized to enter into this
Encroachment Agreement and the party executing same has the authority to bind the
party which they represent.
IN WITNESS WHEREOF, First Party and City have entered into this Agreement
on the date first above written.
FIR T PARTY: CITY:
�a 1. /i,, r1•(. avle____
Ka leen M. iv- s fames Brainard, Mayor
at Z '0 Date:
r4fr
Chad M. L. o: atso
Tr
Member
ate: 2 '`1 Date i� q
ji- r/
Bill alker, Member
Date: pO 7
n 1
ri 5 ti3 n; c
ATTEST. L. I)/ �y`
i Diana L. Corr a lei- Trea I
Date: i 4 •t' t
d
q 1 %l
r
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square,
Carmel, Indiana 46032.
EXHIBIT A
7 Kathleen M. Givens
T ,1M Chad M. Long
Q I
O O o a O :0 1 r�Z'�Z�J� 0 20 Third Avenue N.W.
3R 1 r Y w 3 4 1 Servlce 11ne
West R.O.W. Line
with Ught' 192-52 3rd Av =nue N.W.
L1 w w Story Fram� 0
I Flower Bed RIW
SIIW 8 �y� �3
Cab. P*' 192-524 ®I
Comb. Pole No v i �r
NORTH
Location of Fence in R.O.W.
8'6" from Edge of Pavement
per Agreement between City
Inspector and Homeowner
Onsite 3
ELI
n—•
From: David E. Wilcox, P.E. Dick Hill Date: 3118197 Time: 17:08:16 Page 2 of 2
1
EXHIBIT A(1)
ALLEN
S
MRS. MOON
FLEMMING
MOON, (SOUTH)
SUBJECT
PROPERTY 9310005 HODGES BEARD AN I MONON R LINE
9310005 #9134012 #8710696
MILLER
9326159 I 116193 c l 12112/91 518/87
5!28193
1st St. NW 33' RAN
HINSHAW HINSHAW
(WEST) 2 (EAST) 'A' csxT
SW CORNER E�NE SEC 25.18 -3