Recorded CTE -12048 Eagleview Drive - Chukkappalli2023048003 ENCR $25.00
12/22/2023 11:37:00AM 6 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
OoeuSign Envelope ID: AAEA7A5C-DA63-43C9 A4AC-A86F3EEF41D38 II II II II II II II III I I I I I II
CON
SENTTO ENCROACII
THIS CONSENT- M ENCROACH (hereinafter the "Agreement") is entered into by and benveen Chukkapalli, Paviin C,
Vijethn Yatlla h&iv. 121)48 Gagleview• rTr, l:nrnicl, Hamilton County, Indiana 46077, (individually and cullectively, "Owner"), and
the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS.. Owner owns is fee simple Let 114 ("Lot") in SANCTUARY AT I16TH STREE")', section 413, ivhich is
located within the corporate limits of the City of Cannel, Indiana ("Subdivision"). which real estate ie mOrC patticulafly
described in Exhibit A, altachcd hetcto and incorporated herein by the reference; and
WHEREAS, the official plat of the Subdivision was recorded in PC 5 SLIDE 650, ImSiramem. Number 2017-12234 in
the Otiice of the Hamilton Counly Recorder on 03J2112017, as SANCTUARY AT I161H S'lltl3C1. section 413 (the
"Plot"); and
W I-IFR EAS, the current Owner wishes to install a hot tub and enclosure on the Lot (rha "Site Improvement-); anc
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the locatioti of the Site Iriinrovell—l" oil the Lot, a
copy of which is auaclied herclo and incorporated herein by this rolereuce as Exhibit B; and
WHEREAS, the Site Improvement will be constructed ou portions of the Lot designated as 15-font 1)r;rinagc and E Tinily
Eascnient , identified as "15' D.&U.E."on Hxhi bit U (the "Easeniem"); an i
WHEREAS, the Easement is bericlicial to the City and its residents; and
WHEREAS.. as indicated on the Sketch, the Site Improvement will encloach (the "kneroaehtnelit") -lpon the F:asenirnt,
which Fncruachntent is crosshatched on E.Oihii : and
WHEREAS, City of Carmel 13oatd of Public. Works and Safety approves the Owner's regmest for a valiance from
Carmel City Code Section 6-227(4); and
WH ERFAS, Owner aril City ackmmwledge the localion of the Encroachment; and
WHI REAS, Owner acknowledges that this Agreeniem does not impty any approval of c-sting, of iinurc iiiipruvo l—Ils
not mdre,xcd by Owrier on Exhibit 13, and
WfIEREAS, the 1,,cation of the Sit, 6n proveniern as indicated by the 0%vner on Exhibit B should not nlzilu alit'
ine.;rl'ere "'ith the City" use mf the Easement.
GocuSigr, Eriv-:gape ID AAEA7A5G-DA63-43t,5-A4AC-A8bF3EEE4D38
NOW. TIIEREFORL-:, for and in considcranon of the niutual covenant, and agrccmcrits cuutairicit Iles lti and
rather good and valuable r:onsidemnon, [he sufficiency and re.cllit of which ale }tercby acintnvled��cd, file
Betties inuulatly €,romisc, agree and coavnani -rs Ad Vows:
The fogoung preambles, reuitations and dCfimtiodiS ❑re made a part McIdOl' as tivau li shell rtcrc rtdly
to Firth herein.
2. The City consents m the Wroaehmein for only so sang as
(i) the Encroachwent exists; and
(if) Ownr complies Willi all of the Terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, motdify, alter, latadscga reconfigure ar otherwise
clialtbe the So Lnyowme+il li•am WMI is depicted cut Ulibil C1, and to nt.aintaln tie Site Improvement in
good condition and repair-
4, Oxwer agrees that City shall have the right to ra ncive ally portion nt, tile. Site improvenierx as City derails
necessary, in City's sole discretion, to install, protect t1vpr reprtir tiny utility lines,. som lines or Whiabe
ditches located in [lie Easement, of for any other lawful purpose, rand that, slhonld the oily Mkt: such action, the
City shall incur no obligmiun to repair, rcphace of reimburse. Owner for the cm, of ;my d anmgv Telaby cma d
to the Site huprovmcut, file Lot, or to (huller
5, Owner agrees and achwwledees that the C'ily's ccrosent to encroach trtxxi the fasemVrr, ru plo%izlccl in tii;
instrtitiient. regards the City's I::asenient interesls only, and floes nor constitute luiiussion or authority= fiat rile
owner to otherwise enter on, in, tinder, over, or upon [lie properly interests of Ashy otha•r persUli W11110HI dr,11
person's consent even ifsuch properly interests are also located within the Fascmeni.
6 Owner agrees to indeninify and hold harmless City, its olliccrs, ofliciais, members, 0117lllciyecs, aWilccs.
licensees and agents, Cron) and against any and all lotiscs, IiaFrilities, chmigm cl,iina•:, prtl -incrils, ;htturn }' fee;
and costs arising from any bodily injury and/or dealh, and t'rcn i any dCSIRIL6011 or L] nna�,C to any praperty or
hularovemelits, located oil the Lot, or atherwise, aniior rot.any Pa &, of p, pr discloser pursuant I()
Paragraph 12 hereof, which results directly or indirectly flout any tier of Own— its ern}ilosec!,. catinmctor.'
and/or agents in, on uncles, across or w the Ensement.
Owner" agrees to reimbursc City for any and <all costs and expenses incurred by City Iv rci>iace or. repair all,
thi,age to dic Encamm slid any imliMniiients heated Ter in caused by be rasia boor . con quc't�an,
niaru[enance,and!or opciation ol'the 5hic Improvenn:ut.
S. Ke poores agree that the terms or this Agivernent shill be binding upon and Qua R, the nenwN oI rh it
hespcctivc heirs, adminisn'Mors, sheet.ssors rtlid assign:.
t? Phc piities CaTuning this Agreement r ynant and warrant than Hwy arrc ;t 0wirud to „ntur lute, atilt cx"vi:
thy Agreenium for and rm Mill of the par, much Tey represent.
11 Fhk Agmanum sli;all he eff live ds of the dMe on MACh A IS lira execu€eci iY to MY KW"
DoeuSign Envelope ID: AAEA7A5C-CA6343C9-A4AC-ABBF3EEF4p38
II. The Owner agrees to provide full disclosure of this Agreement ro all persons. entities and others who acquire
by Or through O%viier any interest in the l-ot on and after the effective date of this Agreerttel 1.
I2. Owner agrees not to alter the ground Surface elevation Wilhin the lit»its of the caseanent at ally time.
13. Owner agrees to remedy any drainage problems or issues, saturated coil or standing venter nn the Lot of
adjacent properties determined by the City to be resulting from the Encroachment,
"OWNER"
PROPERTY O IFNER
PA,J'A-,� 0—�-kU k�fA l- L 1
Printed apie _
Signature
-- 124
STATE OF INDIANA 1
!t�
PROPERTY OIYArER
U HA YAI)LA
Printed Name
Sigilatnre / 1
Date: •Z E� r `LC� `� 3
Before me, a Notory Public in and for said County and State, personally apliewed
by nie known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or V t
her voluntary act acid deed.
1l+itnc5s my baud and Notarial Seal this i day of. ? ram__ 20-,1',)
� t,- I k [AEI ! ( �.•'��+s�:, .
My Coinniissioii Expires: NOTARY PUBLIC
4
Printed Name
My Courity of Residence:
CAROL A DIXO'4
Notary Public Seal
J Hamilton Courty - Mate of Indiana 6.1
e Commission Numbei NP0733529
qp My Commission Expires May b. 2C25
CocuSign Envelope ID: AAEA7A5C-DA83-43C9-A4AC-A88F3F€F4D38
"CIIFY1.
CITY OF CARMEL. INDIANA,
RY AND TIJROUGI I ITS BOARD OF
PUBLIC WORKS AND SAFETY
..._. oocvagn �
James Brainard, Presiding Officer
Date:
12/20/2023
A, oocvdgmgd by:
nla—iy`.rA'J1,111 Eke, Member
pate 12/20/2023
oo«sgn.d eY
�_,j,on i�afsan,
L of also , Membet'
Date: 12/20/2023
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON l
docv9gma M'.
Sue Wolfgang, Clerk
Da1e. 12/20/2023
Before me, a Notary Public in and for said County and State, personally appeared .TAMES BRAINARD,
MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Sue Wolfgang, Clerk of THE CITY OF CARMEL, who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of Catntel,
Indiana. ��,�����
Witness my hand and Notarial Seal thi day of , 20
My Commission Expires
VVSVVItlltllfll�
\C P ` ®C.
O
9
NOTARY
PUBLVC a
3 SFAL
I
�s
NOTAf 1 PUBLIC
Printed Name
My County of Residence:
This insuumeal was prepared by Jon Obeflander, Esquire:, Assisraut Corporation Counse], ()IIC Civic Square, Carmel,
Jndiana 46032.
J attirul, under the penalties for perjury, that I have liken reasonable Garr; to redact each SOC411 Security Number ill Illis
dul'LEllt nt, unless required by law. Jon Oberlander, Esquire
DocuSign Envelope ir]. AAEA7A5C-DA6343C9-A4AC-ABBF3EEF4D38
Exhibit A
Sanctuary at 116th Street, Section 413
Instrument Number: 2017012234
PC S 51�dc, 6 56
LEGAL DESCRIPTION
Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second
Principat Meridian, Clay Township, Hamilton County, Indiana, described as follows:
COMMENCING at the Northwest corner of the Southwest Quarter of Section 31. Township 18
North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana,
thence North, 89 degrees 58 minutes 25 seconds East. 680.14 feet along the North line of said
Southwest Quarter, thence South 00 degrees 03 minutes 23 seconds East 60.00 feet to the
northeast corner of The Sanctuary at 116th Street, Section 8 recorded as Instrument Number
2015002856 in the office of the Recorder of Hamilton County, Indiana, said point being the
POINT OF BEGINNING; thence North 89 degrees 58 minutes 25 seconds East 40.73 feet;
thence South 88 degrees 49 minutes 46 seconds East 239.32 feet; thence North 89 degrees 58
minutes 25 seconds East 4.00 feet; thence South 00 degrees 03 minutes 23 seconds East
176A8 feet; thence North 89 degrees 56 minutes 37 seconds East 9.07 feel; thence South 00
degrees 03 minutes 23 seconds East 289.33 feet; thence South 10 degrees 19 minutes 43
seconds East 92,98 feet; thence South 48 degrees 45 minutes 17 seconds East 111,79 fees;
thence South 15 degrees 17 minutes 36 seconds East 79.24 feet, thence South 05 degrees 47
minutes 49 seconds West 76,96 feet; thence South 47 degrees 39 minutes 39 seconds West
138A3 feet; thence South 75 degrees 19 minutes 56 seconds West 108.37 feet to the northeast
corner of The Sanctuary at 116th Street, Section 2A as recorded as Instrument Number
2009016950 in said Recorder's office; thence along the perimeter of said Section 2a the
following three (3) courses: 1.) North 60 degrees 43 minutes 34 seconds West 124.99 feet, 2.)
South 58 degrees 18 minutes 51 seconds West 142.34 feet, 3.) North 31 degrees 41 minutes 09
seconds West 116.00 feet to the northeast corner of The Sanctuary at 116th Street, Section 4A,
recorded as Instrument Number 2009016951 in said Recorder's office, thence along the
perimeter of said Section 4A the following two (2) courses: 1) North 31 degrees 59 minutes 47
seconds West 58.00 feet; 2.) North 35 degrees 01 minutes 53 seconds West 148.67 feet to the
southwest corner of aforesaid Section 6, thence on the perimeter of said Section 6 the following
six (6) courses: 1-) North 71 degrees 59 minutes 57 seconds East 151.20 feet; 2.) North 25
degrees 51 minutes 57 seconds East 151.86 feet; 3.) North 00 degrees 03 minutes 23 seconds
Vilest 231.00 feet; 4.) South 89 degrees 56 minutes 37 seconds West 0.86 feet to a point on a
curve concave southerly, said curve having a radius of 771.00 feet and being subtended by a
chord bearing South 89 degrees 51 minutes 41 seconds West 2.21 feet; 5.) thence Westerty on
said curve 2.21 feet; 6.) Nodh 00 degrees 03 minutes 23 seconds West 240.03 feet to the
POINT OF BEGINNING, containing 7.49 acres, more or less.
0lO(.-,LlS,ql Lrv_Icpe 10 AAEA7A5C-OA63 43C9 A-IA�--1-18UI- ;Lk7l-4(-)38
Exhibit B
Lot 114
Inst. # 2017048761
P,
EAGLERIDGE
LANE
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