Fillable Procedures for Submittal of Encroachment Agreement (Town of Zionsville)

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Procedures for Submittal of Encroachment Agreement (Town of Zionsville)

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* Per Ordinance No. 2013-17 and § 195.01 Fee Schedule
Procedures for Submittal of
Encroachment Agreement
[Right-of-Way · Air Rights]
Be Advise
d: Obtaining approval through the Town of Zionsville does not supersede
approval from your Homeowners Association (HOA). Please contact your HOA for
approval of your project.
Process:
Fill out Application for Encroachment
Complete the enclosed Affidavit in Favor of the Town of Zionsville.
· On an 8 ½” x 14” Legal sized paper
· Document must have two inch (2”) margin at the top of the first page and the last, half-inch
(½”) margins on interior pages or Boone County Recorder’s Office will charge additional $1
per page.
Submit a Site Plan:
· On a minimum of 8 ½” x 11” sheet of paper.
· Drawing should be to scale with north arrow.
· Shall indicate all easements and easement line(s) & all right-of-way and right-of-way line(s).
· The drawing should show the encroachment(s) and all necessary dimensions relating to the
encroachment(s).
Submit “Exhibit A”:
· A copy of the deed for the property or a legal description of the property.
· In addition, the date the deed was recorded, instrument number, etc.
Submit a non-refundable application and review fees. Checks payable to Town of
Zionsville. Other fees may apply (inspection, etc.).
Staff will review your request and you will be notified of the findings.
If approved, the Town of Zionsville will also sign off on the Affidavit, which will then be
available for the applicant to take to the Boone County Recorder’s office for required
recording. A copy of the recorded Affidavit is required to be on file with the Town of
Zionsville.
Boone County Recorder’s Office
202 Courthouse Square
LEBANON, INDIANA 46052
(765) 482-3070
1. Cost is $25 flat fee.
2. Checks are made out to the Boone County Recorder.
3. Bring a Stamped and Self Addressed envelope.
4. The Recorders office will mail the document to you.
5. Once recorded, forward a copy of the receipt to the Planning Department for temporary release.
6. Final recorded document to be submitted once received to the Planning Department for final release.
Town of Zionsville, Indiana
1100 West Oak Street, Zionsville, Indiana 46077
Application for Encroachment
Right-of-Way · Air Rights
1.
SITE INFORMATION:
Rural [Blue]
Urban [Kaki]
Address of Property:
Subdivision/Development: Lot/Suite Number:
State Parcel Number: Zoning:
2. APPLICA
NT (BUILDER-CONTRACTOR) 3. PROPERTY OWNER
Contact Name: Contact Name:
Company: Company:
Address: Address:
Phone: Phone:
E-mail: E-mail:
IF Different from Owner, Fill out Owner Authorization Form
4. ENCROACHME
NT INFORMATION
a. Describe Proposed Encroachment:
b. Location: Right-of-Way Air Rights Easement
c. Type: Si
gn Landscaping Fence Tree Deck OTHER:_______________________________________
Estimated Cost :
5. ADDITIONAL INFORMATION:
Encroachment
Agreement
For Recordation. Applicant should fill out and sign provided
document.
8 ½ x 14 Agreement Provided?
Yes No
Site Plan
Drawing should be to scale with north arrow. It should indicate
all easements and easement line(s) & all right-of-way and right-
of-way line(s). The drawing should show the encroachment(s)
and all necessary dimensions relating to the encroachment(s).
8 ½ x 11 min. Site Plan Provided?
Yes No
Exhibit A
A copy of the deed or a legal description of the property will be
required. In addition, the date the deed was recorded,
instrument number, etc.
Deed/Legal Provided?
Yes No
The undersigned hereby certifies that they have the authority to make the above application, that the above information is true and correct, changes
requested by this application are in conformance with all laws of the State of Indiana and Ordinances of the Town of Zionsville, that the
Homeowners Association [if applicable] has been noticed, and that the encroachment will not be installed until proper certificates of completion
and compliance are filed with the Department of Planning & Economic Development, Town of Zionsville, Indiana.
_________________________________________ Date: ___________________
Signature of Applicant
Print: _____________________________________
__________________________________
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OWNER’s AUTHORIZATION FOR THE SUBMITTAL OF AN APPLICATION
FOR ENCROACHMENT FROM THE TOWN OF ZIONSVILLE, INDIANA
The undersigned, _________________________________, being the owner of
record of the property commonly known as _______________________________,
hereby authorizes ____________________________________________, to file an
application for an Encroachment into the Right-of-Way, Air Rights and/or
Easement, for conducting the following activity:
____________________________________________________________________
Signature of Owner: ______________________________________
Address:
Email:
Printed:
Date:
Telephone:
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
*Please be advised that all new construction must obtain a Certificate of Occupancy (C/O) prior
to use or occupancy. A C/O cannot be issued until all required inspections have been
scheduled and approved, including the final inspection. If a C/O has not been issued, such new
construction will be in violation of State statutes and local ordinances; this could have a negative
affect on any future sale of the property and/or on any insurance claims which may arise.
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1
TOWN OF ZIONSVILLE
CONSENT TO ENCROACHMENT AND ENCROACHMENT AGREEMENT
Air Rights and/or Right of Way
THIS CONSENT TO ENCROACHMENT AND ENCROACHMENT AGREEMENT ("Encroachment Agreement") is
made and entered into effective the____day of __________ , ______ , by and between the TOWN OF
ZIONSVILLE, INDIANA, a municipal corporation (hereinafter called "Town" or "Zionsville")
and ______________________________________________ (hereinafter called "Land Owner" or
“Owner”), WITNESSETH THAT:
WHEREAS, the Town is the owner of a public right-of-way for ____________________________
in the _______________________________________________ Zoning District of the Town of Zionsville,
located in Boone County, State of Indiana; and
WHEREAS, Land Owner is the owner of certain real estate located in the Zoning District of the
Town of Zionsville, having the common address of _________________________________
, Zionsville,
Indiana, (hereinafter the "Real Estate"), which is more particularly described in the legal description
Exhibit "A" attached hereto; and
WHEREAS, the Real Estate is adjacent to and/or adjoins the above described right-of-way in
Zionsville, Indiana; and
WHEREAS, the Land Owner applied to the Zionsville Building Commissioner for approval of an
installation of a Sign/fence/structure/landscaping/etc. located upon the Real Estate (hereinafter "the
Encroachment"), which will hang over/be located within described
right-of-way and, therefore,
encroach over, above, and upon the airway, right-of-way owned by the Town ; and
WHEREAS, the Zionsville Building Commissioner approved the requested Encroachment based
on the Land Owners voluntary agreement to enter into this Encroachment Agreement and indemnify
and hold the Town harmless as hereinafter provided;
NOW, THEREFORE, in consideration of the Town’s approval of the requested installation and
for and in consideration of the covenants and agreements hereinafter contained and set forth, the
sufficiency of which is hereby acknowledged, the Town and the Owner now promise, covenant, and
agree as follows:
1. The Town hereby consents to the Encroachment to be located over, above, and/or upon
the Town's right-of-way as an installation located on the Real Estate.
2. It is mutua
lly understood and agreed that consent to the Encroachment does not create
in the Land Owner or his successors and assigns any right, title, or interest in and to that portion of the
right-of-way owned by the Town upon which said Encroachment is or may hereafter be over, above,
and/or located upon, and the Land Owner hereby specifically waives any right, title, and interest in and
to that portion of the real estate owned by the Town within the boundaries of said existing right-of-way
for the Real Estate which the Owner might heretofore have acquired, or might hereafter acquire by any
means of adverse possession.
3. In consider
ation of the Town's consent to the Encroachment in the Real Estate right-
of-way, the Owner does hereby certify, acknowledge, and affirm that the Town of Zionsville, Indiana,
shall not be responsible or liable for any loss occasioned by the removal, alteration, or destruction (in
whole or in part) of the installation Encroachment over, above, and/or located upon or within the
right-of-way for the Real Estate,
whether during the lawful exercise of the Town's right and duties in
regard to the maintenance, repair, or improvements to said right-of way or on other occasions and
whether caused in whole or in part by the negligence of the Town or its employees, agents,
contractors, or representatives. The Town and its employees, agents, contractors, officials, and
__________________________________
2
other representatives are hereby released from financial responsibility for any and all losses the Owner
incurs arising out of, related to, or associated with the Encroachment.
4. Land Owner and successors and assigns and successor owners in interest shall indemnify
the Town of Zionsville, Indiana, and hold the Town harmless from any and all liability, damages,
expenses, and costs, including reasonable attorney fees, arising out of or related to damages to property
or injury to persons, including death, which result from, relate to, or arise in connection with the
Encroachment within the right-of-way for the Real Estate. In the event it becomes necessary for the
Town of Zionsville to enforce this indemnification and hold harmless provision, the Owner shall pay all
reasonable costs the Town incurs in the enforcement thereof and in the enforcement of this
Encroachment Agreement, including reasonable attorney fees. The Owner and successors and assigns
and successor owners in interest to the Real Estate shall have an affirmative duty to inform all third
parties with whom each negotiates for a possible sale, lease, assignment, mortgage, or transfer of the
Real Estate of the existence of this Encroachment Agreement and the obligations hereunder.
5
. I
n the event the Owner or successors and assigns or a successor owner in interest to the
Real Estate breaches this Encroachment Agreement, in addition to all other legal and equitable rights
and remedies the Town may have, the Owner hereby covenants and agrees that the consent granted to
encroach may be revoked at any time thereafter upon the Town giving at least ninety (90) days prior
written notice of termination of the Encroachment. Upon receipt of such notice, the Owner shall
remove the Encroachment at his sole cost and expense prior to the termination date. Should he or his
successors and assigns fail to timely remove the Encroachment, the Town may do so and is hereby
released from any and all liability resulting from or associated with said removal of the Encroachment
and from any diminution in the value of the Real Estate as a result thereof. All costs and expenses
incurred to effectuate said removal, including related employee and court costs and attorney fees, shall
be promptly reimbursed by the Owner to the Town within ten (10) days of being invoiced.
6
. A
ll 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 an 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
upon the actual receipt thereof or, in the case of U.S. Mail, on the third calendar day after mailing.
Either party may change its address as set forth herein by notice given to the other party as herein
provided.
7. The
covenants and agreements herein contained and set forth shall be construed as
covenants and agreements running with the title to the above-described parcel of real estate and
right
-of-wa
y, and shall be binding upon the parties hereto, their respective heirs, devisees, legal
representatives, and assigns, and upon any person or entity acquiring an interest in the Real Estate.
8. Way
ne DeLong as Building Commissioner
for the Town of Zionsville, states that he is
duly empowered to execute this Consent to Encroachment and Encroachment Agreement for and on
behalf of the Town of Zionsville, Indiana.
3
IN WITNESS WHEREOF, the parties
have hereunto executed this Consent to Encroachment and
Encroachment Agreement, effective the day and year first above written.
TOWN OF ZIONSVILLE, INDIANA Land Owner:______________________
By: By:
Printed: Wayne DeLong Printed:
Not personally, but in his capacity as Title:
Building Commissioner for the Town of Zionsville.
Address: Physical Address:
Zionsville Town Hall
Attention: Wayne DeLong
1100 West Oak Street
Zionsville, Indiana 46077
Mailing Address:
Before me, a Notary Public in and for said
County and State, personally appeared
__________________________________ who
acknowledged the execution of the foregoing Consent
to Encroachment and Encroachment Agreement and
who, having been duly sworn, stated that any
representations therein contained are true.
WITNESS my hand and Notarial Seal this
day of _____________________,____________
Signature
Printed:
Residing in
County, _____________
My Commission Expires:
My Commission Number:
STATE OF INDIANA )
)SS:
COUNTY OF BOONE )
WITNESS my hand and Notarial Seal this
da
y of _____________________,_____
_______
Signature
Printed: Christine I. Koenig
Residing in BOONE County, INDIANA
My Commission Expires: 6 / 14 / 2022
My Commission Number: 654176
STATE OF ________________________________)
)SS:
COUNTY OF_______________________________)
Before me, a Notary Public in and for said
County and State, personally appeared Wayne DeLong
for and on behalf of the Town of Zionsville, Indiana, as
the Building Commissioner of the Town of Zionsville,
Indiana, who acknowledged the execution of the
foregoing Consent to Encroachment and
Encroachment Agreement.
SEAL: SEAL:
I
affirm, under the penalties for perjury, that I have taken reasonable care
to
redact each Social Security Number in this document, unless required by
law.
Name: Signature:
Instrument prepared by: Name:
Signature:
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Procedures for Submittal of Encroachment Agreement (Town of Zionsville)

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Completed 17 July 2020

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