Parkside Village - Parkside Village HOA O FFCETC d
in j IlIDIANA
I MARY L CLARK
09- 30- c002 11:42 am.
D(7 ENCROACHMNT 19.00
APPROVED, AS TO
CONSENT TO ENCROACH FORNi
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Parkside Village Homeowners' Association, Inc., 12736 Crescent Drive, Carmel, Hamilton County,
Indiana 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety "City
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate (`Real Estate in the Parkside Village
Subdivision, which is located within the corporate limits of the City of Carmel, Indiana "Subdivision
and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on July 19, 1996, in Plat Cabinet 1, Slide 692 as Parkside Village, Section 1; and
WHEREAS, Owner has constructed Fences (the "Fences on the Real Estate; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the existing location of the
Fences on the Real Estate, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Fences are constructed on a portion of the Real Estate designated as a Drainage
Easement and as dedicated public right of way (collectively, the "Easements" and the "Right of Way
identified, respectively, as "Common Area Block A Drainage Easement" and as "Right of Way" on Exhibit
A; and
WHEREAS, the Easement and Right of Way are beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Fences will encroach (the "Encroachment upon the
Easement and upon the Right of Way, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Fences as indicated by the Owner on Exhibit A should not
materially interfere with the City's use of the Easements and /or the Right of Way.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties 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. The City consents to the Encroachments for only so long as:
(i) the Encroachments exist; and
(ii) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Fences and /or the Encroachments from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fences as City
deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines,
sewer lines or drainage ditches located in any or all of the Easements and /or the Right of
Way, or for any other lawful purpose, and that, should the City take such action, the City
shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages
thereby caused to the Fences.
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5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury and /or
death, and from any destruction or damage to any property or improvements, located on the
Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its
employees, officers, officials, invitees, licensees and agents in the Easements and /or Right of
Way.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to any or all of the Easements and /or the Right of Way
and /or any improvements located therein caused by the installation, construction,
maintenance or operation of the Fences.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City with a recorded copy of same within ten (10) business days from the
effective date of this Agreement. In the event this Agreement is not timely recorded by
Owner, Owner agrees and consents to City recording same, at Owner's sole expense.
8. 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.
9. The persons executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf of the party which they represent.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
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4
"OWNER" "CITY"
PARKSIDE VILLAGE HOMEOWNERS' CITY OF CARMEL, INDIANA
ASSOCIATION, INC. BY AND THROUGH ITS BOARD OF
By: Kathleen K. LeMont, Presid- t PUBLIC WORKS AND SAFETY
e 4
Kathleen LeMonte, Presid-nt es Brainar4, Presiding Officer cer
SSN: Date: 6
Date: `7' 4`Z
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Mary Burke, Member
Date: 7 —,3 f --d cR
Member
Date:
1
ATTEST:
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STATE OF INDIANA
11AwA,A. SS:
COUNTY OF 1-1AM I LTON
Before me, a Notary Public in and for said County and State, personally appeared KATHLEEN K.
LeMONTE, President of Parkside Village Homeowners' Association, Inc., by me known, and who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and
deed.
Witness my hand and Notarial Seal this/ day ;1 17
00 c----&-,
NOTARY PUBLIC
My Commission Expires: ete ,q p /X-
My County of Residence
STATE OF INDIANA
SS: ',Y., V, 1
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared;JS
BRAINARD and MARY ANN BURKE, by me kn wn and ,�v me known t be the embers o.'f;the City
of Carmel Board of Public Works and Safety, and L CORDRAY, C r er. of TIIEt•CITY r
OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encra"ch'
Ciy of Carmel, Indiana. q 'J 4' -..is '''.104 Witness my hand and Notarial Seal this 3 I day of r
.1.4.1.4....) CV
NOTARY PUBLIC 0
My Commission Expires:
4,V 4J C12/9// -5
frt./..e 7, ao I Printed Name
My County of Residence: 4'4,72/'. a'1/
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
Return Original To:
Carrie A. Gallagher
Clerk- Treasurer's Office
[tn: „-orda:\sn�mm,iinro a iu<ons�.do :7n0 /02] 5 CITY OF CARMEL
One Civic Square
Carmel, IN 46032
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PARKSIDE VILLAGE
3RD AVENUE S.W. EXH 1 T "A"
ENCROACHMENT