Nappanee Dr/Newark Village - Lot 121/Shea, Paul 00 i
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9609631826
y Filed for Record in
HAMILTON COUNTY, INDIANA
CONSENT TO ENCROACH MARY L CLARK
On 07 -31 -1996 At 04:10 pm.
ENCR 14.00
THIS CONSENT TO ENCROACHMENT (hereinafter "Agreement is hereby made and
entered into this 55 day of
914.b
1996, by and between Paul E. Shea, of Hamilton
County, State of Indiana (hereinafter the "First Party and the City of Carmel, Hamilton County,
Indiana by and through its Board of Public Works and Safety (hereinafter, the "City
WITNES SETH:
WHEREAS, First Party is owner of the real estate located in Hamilton County, State of
Indiana, commonly known as Lot 121 Newark Village, located in Hamilton County, State of
Indiana and being more particularly described as follows, to wit:
Lot Number 121 and the South half of vacated Nappanee Drive lying North of and
adjacent to said Lot in Newark, the plat of which is recorded in Plat Book 119, page 7 in the
Office of the Recorder of Hamilton County, Indiana. (hereinafter, the "Lot
WHEREAS, First Party wishes to construct, on the Lot, a residence (hereinafter, the
"Residence
WHEREAS, First Party has presented a sketch depicting the location of the residence 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 municipal utility easement (hereinafter, the
"Easement
WHEREAS, the Easement benefits the City;
WHEREAS, the proposed Residence will encroach upon the Easement as depicted on
Exhibit A (hereinafter, the "Encroachment
WHEREAS, First Party4and 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 good 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 if such
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 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.
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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: CI
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Paul Shea ayor James ainard
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A'/2,
:illy `lker
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k r- 4atson
dik ATTEV:
V AI
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Diana Cordray, Clerk- ea° er
17
SHEA.DOE
This document was 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 arL+ subscribed to the
foregoing instrument and acknowledged the execution of this instrument this 5th
day of June, 1996.
t2 sy 1 M. Vandegriff, Nos ry�P :lic
1 t
C am V.TA t V i/ A/ l/ K/i L l� e
M com 7 ission Expires:
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