12078 Bayhill - Mills, Sina/Walter 1.
a° 49
APPROVED, AS TO
Instrument
9709725228 FO BY:
J.0 r)0oCJ CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereafter, "Agreement is hereby made and entered into by
and between SINA I. MILLS and WALTER C. MILLS, husband and wife, residents of Hamilton
County, State of Indiana (jointly, "First Party"), and the City of Carmel, Hamilton County, Indiana, by
and through its Board of Public Works and Safety "City
WHEREAS; First Party is the owner of certain real estate "Real Estate commonly known as,
12078 Bayhill Drive, Carmel, Indiana, located in the County of Hamilton, State of Indiana and being
more particularly described as follows, to wit: Lot 72 in Bayhill Subdivision, Section 3 -B and
WHEREAS, located on the Real Estate are certain improvements, including but not limited to, a
residence "Residence and
WHEREAS, First Party wishes to construct on the Real Estate a wrought iron fence, (hereinafter,
"Proposed Fence and
WHEREAS, First Party has presented a sketch "Sketch depicting the location of the
Residence and Proposed Fence on the Real Estate, a copy of which Sketch is attached hereto and
incorporated herein by reference as Exhibit A; and
WHEREAS, there is located on the Real Estate a 10 foot drainage, utility and sewer easement
"Easement which runs along the northern lot line of the Real Estate and which Easement is labeled
"10' D.U.& S.E. on the Sketch; and 9709725228
Filed for Record in
HAMILTON COUNTY, INDIANA
WHEREAS, the Easement benefits the City; and MARY L CLARK
On 06 -25 -1997 At 02:38 pm.
ENCROACHMNT 14.00
WHEREAS, as is indicated on the Sketch, the Proposed Fence will encroach upon the Easement
(the "Encroachment which Encroachment is crosshatched on the Sketch; and
WHEREAS, First Party and City acknowledge the location of the Encroachment; and
WHEREAS, First Party and City agree that the terms of this Agreement shall be binding upon
and inure to the benefit of the parties and their respective heirs, administrators, successors, and assigns.
NOW, THEREFORE, for and in consideration of the covenants and agreements herein contained
and for 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/or definitions are made a part hereof as though
they were 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 nor increase the Encroachment
beyond that which is indicated on the Sketch.
4. First Party hereby agrees that City shall have the right to remove any portion of
Proposed Fence as it deems necessary, in City's sole discretion, to protect, relocate,
repair and /or take any other action whatsoever which the City, in its sole discretion,
deems to be necessary to or for any utility, water and/or sewer line located within the
Easement.
5. First Party hereby agrees to indemnify and hold harmless City, its employees, officers,
officials, members, employees, invitees, licensees, agents and legal representatives, from
and against any and all losses, liabilities, claims, judgments, costs (including, but not
1
limited to, attorney fees and court costs) and damages (including, but not limited to,
those claimed as a result of any bodily injury or death to persons and/or the destruction
of property) occurring on the Real Estate and resulting directly or indirectly from City's
or any other person's acts within the Easement.
6. First Party hereby agrees to record this Agreement in the Office of the Hamilton County
Recorder and to provide to City copies of same bearing such recordation indicia within
five (5) business days of the execution of this Agreement 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.
8. If any provision or portion of this Agreement is held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, that provision or portion thereof shall
be stricken, and all other provisions of this Agreement which can operate independently
of such stricken provision shall continue in full force and effect.
9. This Agreement represents the entire understanding and agreement between First Party
and City with respect to the subject matter hereof and supersedes all prior negotiations,
representations and/or contracts, either oral or written, regarding same.
10. The parties warrant that they have read this Agreement and understand it, are aware of
their respective rights, have had the opportunity for the advice and assistance of an
attorney throughout the negotiation of this Agreement, and enter into this Agreement
freely, voluntarily, and without any duress, undue influence, coercion, or promise of
benefit, except as expressly set forth herein.
IN WITNESS WHEREOF, First Party and City have entered into this Agreement, which shall
become effective and binding on the date on which the last of the parties hereto executes same, as
follows:
FIRST PARTY CITY OF CARMEL, INDIANA
by and through its Board of P lic Works and Safety:
By' fl
Sina Mills Ja s Brainard, Mayor
fly
Date:, d• 01 a?, '7
SSN: 24� TO '�—f By: .cam K
Mary Ann t urke, Member
Date: c7 7 Date:
Be ce�G, 4 By:,j if Arai t
Walter C. Mills Billy Walker Member
SSN: 0 1 5 -0i
Date
Date: SSN: i;; t..'
tY f r
A ST:
Diana L. C ay, C Treasur
Date:
This Instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana
46032.
2
a
I 71 i-- I N 23,310 S.F.
I 18,089 S.F.
1
".5 i 5.
1
1 N00.t`w
ice^
1 c s C'\
t
O ils N -,2 j ob.i
1 72
21,939 S.F.
�9
i Ml� +rlTqi.l
c r.
o.\ nsrw 4. 58
i o sroaµ o
i
71 S
J 0t
g 1 29,918 S.F. 1 207 4
g A
I 70 ti
8 I 23,026 S.F.
r)
W _.1
13 _77' 100. t S.f
1 40 21f 1
3 S79'50'411
Z 159.3�.�
299.60.
g
R
a fi irY Plf vC. "h!v;a n. 'St, k ,,k II, t<,r hv. .r "..a ;.;y
Exhibit A
g T "'"''''''''''m"'""'"'''"n""''..""'''''''''..
�7
STONEW1CK SEC. 3
1 (INSTR. NO. 9349814)
I