CONSENT TO ENCROACHMENT THIS CONSENT TO ENCROACHMENT (“Consent”), made and entered into this day of , by and between the TOWN OF ZIONSVILLE, a municipal corporation, (hereinafter called “First Party”) and (hereinafter called “Second Party”) WITNESSETH THAT: WHEREAS, First Party is the owner of a right-of-way for in the Town of Zionsville, located in Boone County, State of Indiana, as identified on a survey prepared by dated (“Survey”) [attached hereto as Exhibit A]; and WHEREAS, Second Party is the owner of real estate located in Boone County, State of Indiana, being described in Exhibit B attached hereto and made a part hereof, which said real estate adjoins the above-described right-of-way owned by First Party; and WHEREAS, it would appear based on the Survey that the (the “Encroachment”) now situated on the real estate owned by Second Party encroaches over and upon the right-of-way owned by First Party [for a distance of approximately feet]; and WHEREAS, it is the desire and intent of the parties hereto to permit said Encroachment to remain as now situated, for the use and convenience of the Second Party, without such continued use in any way serving as a basis for Second Party to acquire any right, title or interest in and to the right-of-way owned by First Party. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the mutual covenants and agreements herein contained and set forth, the parties hereto now mutually promise, covenant and agree as follows: 1. First Party does hereby consent to the Encroachment now located on the property of Second Party [as shown on the Survey], over and across the right-of-way of First Party. 2. It is mutually understood and agreed that such consent to the Encroachment does not create in Second Party any right, title or interest in and to that portion of the right-of-way owned by First Party upon which said Encroachment |
now is or may hereafter be located, and that the said Second Party hereby specifically waives any right, title and interest in and to that portion of the real estate owned by the First Party within the boundaries of said existing right-of-way, which the Second Party might heretofore have acquired, now has acquired or might hereinafter acquire by any means of adverse possession. 3. Second Party hereby covenants and agrees not to extend or increase any presently existing Encroachment any further over or upon the real estate owned by the First Party. 4. Second Party hereby covenants and agrees that the consent hereby granted may be revoked by the First Party at any time after ninety (90) days prior written notice of termination. On or before the expiration of the ninety (90) days after written notice from the First Party, the Second Party shall remove the Encroachment at the Second Party’s sole cost and expense. Should the Second Party fail to remove said Encroachment, the First Party may do so and the Second Party hereby releases the First Party from any and all liability resulting from the removal of Encroachment or any diminution in the value of the real estate owned by the Second Party. 5. All notices, requests and demands hereunder shall be in writing and shall be deemed to have been sufficiently given or served when presented personally, when delivered to any overnight courier service with guaranteed next business day delivery or, if deposited in the U.S. Mail, postage prepaid, certified or registered, addressed to the appropriate party at the address set forth below following the signatures of the parties hereto. Such notices, requests and/or demands shall be effective on the actual receipt thereof or, in the case of U.S. Mail, on the third calendar day after mailing. Any party may change its address as set forth herein by notice given as herein provided to the other party. 6. The covenants and agreements herein contained and set forth shall be construed as covenants and agreements running with the title to each of the above-described parcels of real estate and right-of-way, and shall be binding upon the parties hereto, their respective heirs, devisees, legal representatives and assigns. 7. , as for the Town of Zionsville, further states that [he] [she] is duly empowered to execute this Consent for and on behalf of the Town of Zionsville, and that all required resolutions have been made and approved to authorize the execution of this Consent for and on behalf of the Town of Zionsville. IN WITNESS WHEREOF, the parties have hereunto executed this Consent the day and year first above written. FIRST PARTY: SECOND PARTY: TOWN OF ZIONSVILLE (signature) By: (signature) (printed name Not personally, but in [his][her] capacity as (signature) for the Town of Zionsville Address: (printed name) Address: |
STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared for and on behalf of , the of the Town of Zionsville, the First Party herein described, who acknowledged the execution of the foregoing Consent to Encroachment. WITNESS my hand and Notarial Seal this day of , . My Commission Expires: Signature: Printed: Notary Public Residing in County, Indiana STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared , the Second Party herein described, who acknowledged the execution of the foregoing Consent to Encroachment. WITNESS my hand and Notarial Seal this day of , . My Commission Expires: Signature: Printed: Notary Public Residing in County, Indiana This instrument was prepared by: . |
(1996 Code, § 9-74) (Ord. 2001-13, passed - -)