Permanent Encroachment Agreement Sample Contracts

Board of Public Works and Safety Agenda Item
Permanent Encroachment Agreement • October 21st, 2021

Victoria Howard and Jason Fried, the owner of 7160 Spayside Drive South (“the Property”), applied for a fence permit with the City of Noblesville Planning Department in September of 2021. The property is located in Lochaven of Noblesville subdivision around the lake. The proposed location of the fence encroaches into the Drainage and Water Access easements at the rear of the Property. The city of Noblesville has the right to use the Drainage and Water Access Easements at the rear of the Property. Per Lochaven Declaration of Covenants and Restrictions, fences are not permitted to encroach into these easements in a way that would “interfere with the utilization of such easement for the purpose intended”. Ms. Howard is requesting to encroach into the easements to construct a fence (see attached letter).

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Permanent Encroachment Agreement
Permanent Encroachment Agreement • December 30th, 2021

Please ensure that you have read through the items below and mark whether you have included it in your submission (Y = Yes, N = No, N/A = Not Applicable).

PERMANENT ENCROACHMENT AGREEMENT
Permanent Encroachment Agreement • June 18th, 2015

This Agreement entered into on the dates set out herein, between the City of Noblesville, Indiana, by and through its Board of Public Works and Safety, (hereinafter referred to as the “City”) and Interstate Holdings LLC (hereinafter referred to as “Owners” or the “Owner”).

PERMANENT ENCROACHMENT AGREEMENT
Permanent Encroachment Agreement • February 20th, 2019

This Agreement entered into on the dates set out herein, between the City of Noblesville, Indiana, by and through the Board of Public Works and Safety, (hereinafter referred to as the “City”) and Jose Ruy Sanchez Felix (hereinafter referred to as “Occupant”).

Board of Public Works and Safety Agenda Item
Permanent Encroachment Agreement • March 26th, 2020

The property owners at 16165 Larimar Drive (Lot 57, Flagstone Woods), Cole and Elizabeth Borton, wish to construct an in-ground pool in the rear yard of their single-family residence that would encroach no more than four (4) feet into a 15-foot-wide drainage easement running along the rear of their property. Proof has been obtained from utilities and from City Engineering indicating lack of infrastructure within the easement. A Permanent Encroachment Agreement has been reviewed and approved by City Legal Counsel.

Board of Public Works and Safety Agenda Item
Permanent Encroachment Agreement • March 26th, 2020

The property owner at 11442 Full Moon Court (Lot 49, Stoney Creek Estates), John M. Phillips, wishes to construct a deck at the rear of his single-family residence that would encroach no more than five (5) feet into a 30-foot-wide drainage and utility easement running along the rear of his property. The 30-foot width is also a platted rear setback line, so Mr. Phillips will also need a Board of Zoning Appeals approval of a Variance for reduced setback, but review by the Board of Public Works is first requested. The Board of Zoning Appeals is expected to hear the Variance case on March 1, 2021.

Permanent Encroachment Agreement
Permanent Encroachment Agreement • April 22nd, 2022

Please ensure that you have read through the items below and mark whether you have included it in your submission (Y = Yes, N = No, N/A = Not Applicable).

PERMANENT ENCROACHMENT AGREEMENT
Permanent Encroachment Agreement • September 10th, 2020

This Permanent Encroachment Agreement (“Agreement”) entered into on the dates set out herein, between the City of Noblesville, Indiana, by and through the Board of Public Works and Safety, (hereinafter referred to as the “City”) and Xanderco, LLC (Darren Peck) (hereinafter referred to as “Owner” or “Owners”) for an encroachment described herein as the east-west alley (the “Right-of-Way”) between Lot 7, Noblesville Original Plat, Local Parcel ID: 11-07-31- 13-06-001.000 (formerly known as 298 N. Tenth Street) and Lot 6, Noblesville Original Plat, Local Parcel ID: 11-07-31-13-06-016.000 (formerly known as 240 N. Tenth Street) in the Office of the Hamilton County Recorder, Hamilton County, Indiana (the “Property”). The City owns or has jurisdiction over the encroachment into the Right of Way with the construction of two trash receptacle enclosures, as shown on the plans attached hereto as “Exhibit A” and incorporated herein (the “Encroachments”). In consideration of the City’s agreement t

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