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Home My WebLink About1302 Chase Ct - K.A.T. LLC -A4 54 t Instrument 97097190 00 1,9 9709719004 Filed for Record in CONSENT TO ENCROACH HAMILTON COUNTY, INDIANA MARY L CLARK. On 05 -16 -1997 At 12:13 pm. ENCROACHMNT 17.00 THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and entered into by and between K.A.T., LLC, of 1302 Chase Court, Carmel, Hamilton County, State of Indiana "First Party and the City of Carmel, Hamilton County, Indiana by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, First Party is the owner of the Real Estate commonly known as 1302 Chase Court, Carmel, Indiana, located in the County of Hamilton, State of Indiana and being more particularly described on Exhibit B, attached hereto and incorporated herein by this reference; and WHEREAS, located on the Lot are certain improvements, including but not limited to, an office building; and WHEREAS, First Party wishes to construct, on the Lot, a parking lot "Proposed Parking Lot and WHEREAS, First Party has presented a sketch "Sketch depicting the location of the residence and Proposed Parking Lot on the Site Plan of the Lot, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, there is located on the Lot a twenty foot (20') drainage and utility easement "Easement which runs along the eastern section of the Lot, and which Easement is labeled "Area #01" on the Sketch; and WHEREAS, the Easement benefits the City; WHEREAS, as is indicated on the Sketch, the Proposed Parking Lot will encroach upon the Easement "Encroachment which Encroachment is crosshatched on the Sketch; and WHEREAS, First Party and City acknowledge the location of the Encroachment; and WHEREAS, First Party and City agree that the terms of this Agreement shall be binding 1 upon and inure to the benefit of their respective heirs, administrators, successors, and assigns. NOW, THEREFORE, that for and in 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: 1. The foregoing preambles, recitations and definitions are made a part hereof as though 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 nor increase the Encroachment beyond that which is indicated on the Sketch. 4. First Party hereby agrees that City shall have the right to remove any portion of Proposed Parking Lot as it deems necessary, in its sole discretion, to protect and/or repair utility and/or sewer lines contained within the Easement. 5. First Party hereby agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, claims, judgments, costs (including, but not limited to, attorney fees and court costs) and damages, including, but not limited to, bodily injury, death and destruction of property occurring on the Lot and resulting directly or indirectly from City's or any other person's acts within the Easement. 6. First Party hereby agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City copies of the Agreement bearing such recordation information within five (5) business days of the execution of same by the parties hereto. 2 7. The parties represent and warrant that they are each authorized to enter into this Agreement and that each party executing same has the authority to bind the party which it represents. IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on the date first above written. FIRST PARTY CITY L K.A.T. By: O� Ted Azar, P'dent fames Brainard, Ma or Verri,,,e, Datt i Date: A 7 7 6 ember T??4 A-m ,2 -C_ Date: c 7 �f Bill Walker, Member Date: es 7-4 ATT T: JO R, t r a i �t Diana L. Cor,Da' Tre,astli Date 6 1.. 1) r r This Instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. 3 Exhibit "B" LEGAL DESCRIPTION Port of Block 12 in the Conditional Secondary Plot of Carmel Science and Technology Park the plot of which was recorded November 20, 1986 in Plat Book 13, pages 65 -71 inclusive in the Office of the Recorder of Hamilton County, Indiana more particularly described as follows: Commencing of the northernmost corner of Block 12, said corner being on the southwesterly right of way line of Carmel Drive and on a curve concave to the North having a radius of 580.00 feet, the radius point of which bears North 57 degrees 20 minutes 26 seconds East; thence southeasterly along said curve and right of way line 236.47 feet to a point which bears South 33 degrees 58 minutes 53 seconds West from said radius point, said point also being a point of reverse curvature concave to the South having a radius of 20.00 feet, the radius point of which bears South 33 degrees 58 minutes 53 seconds West; thence Southerly along said curve and right of way line 29.91 feet to a point on the westerly right of way line of Chose Court as shown in the plot of said Carmel Science and Technology Park, said point bears South 60 degrees 19 minutes 21 seconds East from said radius point; thence South 29 degrees 40 minutes 39 seconds West 266.15 feet along said right of way line to the POINT OF BEGINNING of the herein described tract; thence continuing South 29 degrees 40 minutes 39 seconds West 100.66 feet along said right of way line to the point of curvature of a non tangent curve concave to the northwest having a radius of 100.00 feet and from which a radius point bears North 60 degrees 20 minutes 41 seconds West; thence southwesterly along said curve and right of way line 67.41 feet to a point which bears South 21 degrees 43 minutes 18 seconds East from said radius point, said point also being a point of reverse curvature of a curve concave to the southeast having a radius of 60.00 feet, the radius point of which bears South 21 degrees 43 minutes 18 seconds East; thence southerly 42.70 feet along said curve and right of way line to a point bearing North 62 degrees 29 minutes 40 seconds West from said radius point; thence North 44 degrees 58 minutes 20 seconds West 406.76 feet to the west line of said Block 12; thence North 00 degrees 26 minutes 59 seconds West 53.17 feet along said west line to the northwest corner of said Block 12; thence North 57 degrees 20 minutes 11 seconds East 171.47 feet along the northwest line of said Block 12; thence South 44 degrees 58 minutes 20 seconds East 388.09 feet to the POINT OF BEGINNING of the herein described tract, said tract contains 2,000 acres more or less. Subject to o twenty (20) foot drainage easement as shown on the Conditional Secondary Plat of Carmel Science and Technology Park, the plot of which was recorded November 20, 1986 in Plat Book 13, pages 65 -71 in the Office of the Hamilton County Recorder. Subject also to a twenty (20) foot drainage and utility easement as shown on the Conditional Secondary Plat of Carmel Science and Technology Pork, the plat of which was recorded November 20, 1986 in Plat Book 13, pages 65 -71 in the Office of the Hamilton County Recorder. Subject also to any other covenants, easements, and rights of way of record.