13040 Cricklewood - McKinley, Elizabeth 0 0
9609631813
j Filed for Record in
1 HAMILTON COUNTY, INDIANA
CONSENT TO ENCROACH MARY L CLARK
On 07 -31 -1996 At 03 :29 pm.
ENCR 14.00
THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and
entered into this day of 199k, by and between Elizabeth McKinley, of
Hamilton County, State of Indiana (he after, the "First Party and the City of Carmel, Hamilton
County, Indiana by and through its Board of Public Works and Safety (hereinafter, the "City
WITNESSETH:
WHEREAS, First Party is the owner of the real estate located in Hamilton County, State
of Indiana, commonly known as 13040 Cricklewood Court, Carmel, Indiana, located in Hamilton
County, State of Indiana and being more particularly described as follows, to wit:
Lot Number Eight (8) in Cricklewood, an addition in Hamilton County, Indiana, as per
plat thereof recorded as Instrument 90 -08623 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 recreational swimming pool;
WHEREAS, First Party has presented a sketch depicting the locations of the residence
and Proposed Pool, 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 an approximately one hundred (100) foot
drainage and utility easement (hereinafter, "Easement") which runs along the western section of
the Lot, and which Easement is crosshatched on the Sketch;
WHEREAS, the Easement benefits the City;
WHEREAS, as is indicated on the Sketch, the Proposed Pool will encroach upon the
Easement (hereinafter, the "Encroachment
4.
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 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 Easement.
5. 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.
[Balance of Page Intentionally Left Blank]
0 2 e
t.
i
IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on
the date first above written.
FIRST PARTY CITY r
"P'Br/(1) "1/2-r)
je abeth McKinley
inFs- Br.' d, Mayor,
4
T atson, A i ember
C 4
c�
Billy "alker
ATT T:
Diana L. Cordray, Clerk -Tre. r
This document prepared by the City of Carmel Department of Law.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State personally appeared the
members of the Board of Public Works and Safety of the City of Carmel, Indiana, Mayor
James Brainard, Lori Watson and Billy L. Walker, whose names are subscribed to the
foregoing instrument and acknowledged the execution of this instrument this 3rd day
of July, 1996.
°4-://'`<)KOIX.ei
Diana L. Cordray, Cler reasurer
,0
"rte la-f1 6DrdiA
CodnlTy
i
5.