12411 Towne Rd - Haskett Homes 8
1 Instrument
CONSENT TO ENCROACH 96096 947
THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and
entered into this day of 1996, by and between Haskett Homes by
Design, of 12411 Towne Road, Carmel, Hamilton County, State of Indiana (hereafter, the "First
Party and the City of Carmel, Hamilton County, Indiana by and through its Board of Public
9609638947
Works and Safety (hereinafter, the "City ,Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
WITNESSETH: On 09 -13 -1996 At 01 :10 pm.
ENCR 16.00
WHEREAS, First Party is the owner of the real estate located in Hamilton County, State
of Indiana, commonly known as 14308 Woodfield Drive South, Carmel, Indiana, located in
Hamilton County, State of Indiana and being more particularly described as follows, to wit:
Lot Number Twelve (12) in Avian Glen, an addition in Hamilton County, Indiana, as per
plat thereof recorded as Instrument No. 9436278 at P.C. No. 1, Slide No. 452 in the
Office of the Recorder of Hamilton County, Indiana (hereafter, the "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 paved driveway (hereinafter,
"Proposed Driveway
WHEREAS, First Party has presented a sketch depicting the locations of the residence
and Proposed Driveway, on the plat of the Lot, a copy of which is attached hereto and
incorporated herein by reference as Exhibit A (hereinafter, the "Sketch
WHEREAS, there is located on the Lot a twenty (20) foot drainage and utility easement
(hereinafter, Drainage Easement which runs along the northern section of the Lot, and which
Easement is labeled "20' D. &U.E." on the Sketch;
WHEREAS, there is located on the Lot a twenty (20) foot sewer and utility easement
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(hereinafter, Sewer Easement which runs along the eastern section of the Lot, and which
Second Easement is labeled "20' S. &U.E." on the Sketch;
WHEREAS, the Drainage Easement and Sewer Easement (collectively, "Easements
benefit the City;
WHEREAS, as is indicated on the Sketch, the Proposed Driveway will encroach upon the
Easements (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 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.
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 there is located within the Encroachment a utility valve
which First Party may not move, cover or otherwise interfere with in any way.
5. First Party hereby agrees that (a) no structure (other than standard pavement) will be
installed within the Easements as specifically allowed in this Agreement; (b) no
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landscaping will be installed within the Easements which may generate a root system
which may interfere in any way with the City's rights and responsibilities within the
Easements (the City's Rights). In the event that any structure or landscaping is
installed within the Easements, City reserves the right to remove it at the expense of
the First Party or the First Party's successors or assigns.
6. First Party hereby agrees that the City shall have the right to remove any portion of
Proposed Driveway as it deems necessary to protect and /or repair utility and/or sewer
lines contained within the Easements.
7. 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 Lot and resulting directly
or indirectly from City's acts within the Easements.
8. 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 the agreement has the authority to bind the party which they
represent.
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IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on
the date first above written.
FIRST PARTY C f $7 -'1
askett Ho'-s by Design f James C. B .'nard, Mayor
B i
tty 'ett •ri E' atson, ember
Title: is
/7 Billy /ker, Member
<_Y ATT T:
Diana L. Cordray, Clerk -Treas ir
This Instrument prepared by Debra M. Grisham, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
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