2022 Finchley Road2018043736 ENCR $25.00
09/19/2018 03:30:44PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN SAG
CONSENT TO ENCROAC(� H
4
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Azher and Aftab Khan,
2022 Finchley Road, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel,
Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 820 ("Lot") in Village of Westclay, Section Number 10002 which is located
within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit
A attached hereto and incorporated herein by this reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 3, Slide Number 519, Instrument Number
200400075938 in the Office of the Hamilton County Recorder on November 8; 2004, as Village of Westclay, Section Number 10002
(the "Plat"); and
WHEREAS, the current Owner wishes to install a fence on the Lot (the "Site Improvement"); and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a copy
of which is attached hereto and incorporated herein by this reference as Exhibit B; and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage Utility and Sewer
Easement, identified as "10' DU&SE" on Exhibit B (the "Easement"); and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which
Encroachment is crosshatched on Exhibit B; and
WHEREAS, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel
City Code Section 6-227(4) on L4 SAV-- ;and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not
indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with
the City's use of the Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and
covenant as follows:
1. The foregoing preambles, recitations and definitions are made apart hereof as though such were fully set forth herein.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site
Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in
City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the
Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation
to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvement, the Lot, or to
Owner.
Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as provided in this instrument,
regards the City's Easement interests only, and does not constitute permission or authority for the Owner to otherwise
enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such
property interests are also located within the Easement.
6. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and
agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from
any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the
Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or
indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to
the Easement and any improvements located therein caused by the installation, construction, maintenance and/or
operation of the Site Improvement.
8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded
copy of same within ten (10) business days of the effective date of this Agreement. In the .event this Agreement is not
timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense.
9. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs,
administrators, successors and assigns.
10. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this
Agreement for and on behalf of the party which they represent.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
12. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or
through Owner any interest in the Lot on and after the effective date of this Agreement.
13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent
properties determined by the City to be resulting from the Encroachment.
"OWNER"
Azher Khan
Signature
Date:
Aftab Khan
s�'t,�
Signature
Date:
STATE OF INDIANA )
) SS:
COUNTY OF 11
(C!r ! 2n )
Before me, a Notary Public in and for said County and State, personally appeared Azher and Aftab Khan, by me known, and
who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this may ofC+•Z01 �aZ (— 20J.
My Commission Expires:
UL11 IV _-)GtkQ
DIANE M. FRANTZ
Notary Public Seal
State of Indiana
Hamilton :County
nission,Expiras Jul 10, 2022
J'J�C/- a /it 2L ,
NOTA PUBLIC J1L�
r <.cu-) e- /77. Cu�TL
Printed Name /
�IVIy County of Residence: NGLr71 Aw �
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
IM
ATTEST:
istine S. Pagle ,� kfIrea surer
Date:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES 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 CHRISTINE S. PAULEY, Clerk -Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the
foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this oday of\ 1Q� YUaQit) . 20Ito.
W NOTARY PUBLIC
M Co fission Expires: UTANNE WALTHALL !J� /-kNNE
3
LD Seal Printed Name
ary u is - State of Indiana , f
Hamilton County My County of Residence: Hain/ 1�
My Commission Expires Mar 16, 2024
This instrument was prepared by Douglas C. Haney, Esquire, Corporate Counsel, One Civic Square, Carmel, Indiana 46032.
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. Douglas C. Haney, Esquire
EXHIBIT A
Land Desciriptim - S000 1101182
A part or the Northwest QUIrtcr and the Quarter oi 3-.rtinn 73, Township 18 NcAh. rorige 3 East n Clay TmY0r,'P,
Hai -,Xan Coulty. 'described, as
Ozinrimencing •ut tho Nortl-,calf come, C.] soid S001-romsk Quarter; =ae-,.:,a Sjuth 00 dnCmer. .7,1 ruirlute-,s 515 sec rids East. olar-9. the
euSI fino o' thethesold `: uLiweut Ouort-.r P distance of 104.13 feet Le 'Me paint of Beginnino; fhimco.thc! ne-Ki Irl ccirsez,, being
olono the souther and wasterfl lira of %AlIaQP of '0-3t C.ioy. sceJan 1119j1 a5 recianded in {nAru-.v
.-,:n[ 4230DFAIC,52.372. Plot
01'anct ad, r 5in the Office of the Recorder in Hamiltrxi County, Ircionc (1) South 89 decrees 66 minutc3 2" seconds Ykist
-j distance of 40.00 lett; �2) N-xlh .10 degr-uu3 54 rr,i,uiee C9 second:; .lips[ a jmtoricc- all 53.21 feet to a non-Wrigir-tcurv2 to
the right bqvinq b ruins ct 480-00 fee-', the rudius pdrit. *f which bears North 10 du-givu-s 39 mi,luta-. 42 ;L,.ond,.; Ei-L;, (,3}-irth
- earl}' ulama said oxyra on, arc. ckkance of 596 K, feet to -3 Point which boars o_,ith Al dii.-urees. 49 mlnminutes41 m,wedsYipzt
i
If 336�51 feet te
from ,;aid -adius point; (C' North 08 de-grees I(i inTrujiles 1,I wond--_. Meet o dMr-,c-ri a tnngon- cur-vo to the
I -f havinc, n radius of 42C.90 lhe rad' s poir.t. .,if whil.'N bee's Scuta 31 de-crecs 49 minutes 41 seconds 'Nost, (5)
rnufllme2te-ly alona .5oid curie an orc jictcn.:;j; -if XI9.1'5 ft, -.e' ;-03-,t VINch bears North D lcg!eem 30 jrjiiiul.t!s 57 seconcs
Ecst froin soid radius pain-.; (5",, NUILl" 50 degrees minute; West a dislfjnP. of 2818,71 flatif (a a longEnit C&ve to
I-. 1
the left hovinc a radius of '*00 feel, 1 - lie rodiuz,, paim of which bears South 39 dcqre,-.s 533 firl-lites 57 sc.ands Wert: G 1 )
•LO cea's'e en cm distanc�,of JQ(._1L, dr,11 :&�- �! curw-, hwing 3 nxiius :;f 89-50 recL,
. I feet ,D a oa , �r
vies' rl-j along said cu the rodius PQH I.
of which hears Nori-i 2101 &_greau 11 rrJMj-;.:s 54 secondis Wes", (6) westlM�, OID-9 sai5 curve an: crc diu'cnce GI fi4. 9 tc-,-t to P
paxsof reverse cuiic having a rad;j-, o' I(I.CQ foet, the rcdijs point of which hiaorsz c�rikjfh 71 diegrees'21 minutes 10 sec.
'Pest; W .,out[ westerl-i alonc, said wrve an are aistar,L:F,, Ul 12.11 feaf to .j Foi,-kt vvhich bears MrtF, 443 dogrce3 03 mi -ekes ';t1
se"C"Drids lkst frorr, said radius point; (41) South 4,1 degrees. 56 minitou :A -,ewads ftst -5,73 fent to the northous-orn -:,wfler of
Villoq( -,f vieft day, Section . a:, recorded in InsLiument, X2003030_92519, Plot Olbinet -'., Miele 181 in 50!d Renrde,,s
Uffic-e: thence the next 4 co-irse.-Z ^eing along the caaIern line ril sold VIInge of West Clay, 'action WOO+ A; 0) South 411 declrees
rninutes c dstince of 206.,".`2 feet tc; a k6i'leil. cunie to ;he Wl tiring a radius of ".00 feel, Iile rodlas
minutes (11 : 4,1 1
i Fmi; "I" sou-.heri,Y clong scic cijr.;e .n arc. distance of 2 -.21, fc�--
noilit of mich bears SoutIF 48 degracs OA mi :8C(Ind: - .
to ,n:n�k of revers,, ourv,,° fia-i'lig a rodfj,� of, 125.00 fc!(,-,: tne radius polird- of -j.,Fk_-h be�irs South G:! degrees 35 rriholen G5 seconds
v,leEt';rat southerly cAnno sold - ru-ve or cro distionce of 44.54 feet to 0 33r11_, Whi6l beCIIS South 401 de -!XE ininutes, 00
seconds D0 frm aid rt.i6h,s poin'; (Zj South 90 degrocs, Q0 minutes OC, socends a t:ston,-c of TF,!et to he n;rlhemi
comer of vIllugo of Was-.' Clay, StwUon 10^0 ma re or Jed in instrurneriL #2004 0302C8. RM, Cabs id 3, '-:',Iide 396, in said
RecniJe6s Office; thence ;ii: next wurses b--kig uk)vy !�,e togfern ine of zz.d viqjcc of West Cioy, Section 100,33; SujL!j i0
cturleps DO minutes C0 %wond5 Eos: o distance of lGri r5 feet to a tongem, ri:ne W the left having u ,FuAni ul 4*00 feet, thE:
rudu point of knich Dears Soiji.1- GO dpgruos 00 m1nou2-s- O(sccncs East-, 2) 2outhrvosterfly ijlcrg said cul-ve- an kc di5tcnc-c of
3o,,aa feet to it p' int .0ich fx,,arn South 4:7 de(rono 15 rilirutu: 56 scoonoo lo'k-M fr.-.n-, said radiu, :i, -)int; GY ,South 42 degrees
z4 minulms 04 seconds East a dston:e of L5.31 feet to a tonce-A ciuvou lu Llie iiyllL a radius of 1,5.00 feet, dhe rad'us
point of wh`lch bears Z.I.Iijih 47 decrees 15 rnlryi 56 !�M
jt:,s 'lie: t 11 wulh?aliterly, csoutharand southwc5twiy 01oric said
iy k
curve an crc instance o; MI.—I fast Lu a poini heors ,oijth L.� &7,rees 44 mlrijtrn 04 seconds East from sod radius poir-L-
i ' ) South I degrees I' mlriulFii 56 seuc�)ds 'Ne5t c d- tonce of 19:9.51 fecA tzi o3 tar-,, rit cu -,c.- to, tho richi havinc, c radus of
15 47 is e
% �:
M.03 .Tea; -TC -adiwi. Point 0: whish bears North 42 degrees 44- minu-ics 1.14 seconds West, '15) �outhw-, -
scrly and m!fterly along
- - - bbonytabuleoldh 1)0 cegrees f-10 minutesDIx secon6 EaA from said radius�said rurve w arc distance oIf 205-11 Itet Lo a pi.,,w-
whic,
W -it; I , 7 Nxth 9r, dear-,% 00 013 seconds "West a distance of 2G.84 fen -l-, t$)'-outh. 130 dpurei�s, 25 riiru'es 36 sezondi
-fast a I dl�toncz. of 21,�. 1 4-9 fact to o point being 48.0'0' ioci south by per�p-nciculal wwwrernem. A& sou U-, One, of said
Kar . Vhwa.,A OUGFTer (ols-11 beirle the rxirfi line V said Southwest Oucrto-); Vh-,rra North Ba dearer 21 minutes 21b scci;nds East
p9rollel with said ncrili llfia " distance of 5.26 f: --t k, Trip -west line ci the Fast Fall of said Southw"t Quarter: thence South 0
deorr-w 2t, minutea ZO tit!uuridu _Qs -I along suid %we-� Fne a distance of 142.67 4W: thence rqnrt--. 8n, dzgr-,e!;. 21 rninutAs, L
secords Lest Parollel with said north hoe'i -Tsfunct! of 1 J -DA" fae: to the east line a.f suid Southwest Quorter; tf)..,ncQ t4br' th
My
,!'eirees 2__5. 56 seconds kIIEK-A along sn"e, east lirle a distance of 3"5.64 feet to titre Point 83 Beginning, containill y 30.522
ocres, r, -'.,re or less.
C
December 14, 2016
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Fence) at 2022 Finchley Road
Dear Board Members:
A Consent to Encroach document signed by Mr. and Mrs. Azher and Aftab Khan, owners of the property
with the common address 2022 Finchley Road, is submitted to the Board for signatures. A variance for
the encroachment is also submitted to the Board of Public Works for approval during the
December 21, 2016 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon approval
and signature by the Board Members the document will be recorded with the Hamilton County
Recorder's Office.
Sincerely,
�� ��
Jeremy Kashman, PE
City Engineer
ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
JAMES BRAINARD, MAYOR
December 14, 2016
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Fence) at 2022 Finchley Road
Dear Board Members:
L
Mr. and Mrs. Azher and Aftab Khan, owners of the property with the common address 2022 Finchley
Road, have requested a variance from Carmel City Code Section §6-227 (a)(4) for the installation of a
fence within a portion of the lot designated as an easement. Generally, the fence is proposed to be
installed at the location indicated on the attached exhibit.
It is not expected that the improvements at the proposed location will result in a Detriment (as defined by
City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the
conditions recommended below). The Engineering Department recommends that the Board approve the
variance conditioned upon the following (as discussed with the petitioners):
1. Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement.
2. Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the
installation of the fence that, in the opinion of the City, represents a Detriment as defined in City
Code.
3. Petitioners shall obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
4. Petitioner shall obtain permission from Hamilton County Drainage Board to be within the
Regulated Drain Utility Easement prior to the start of installation and ensure that the person
performing the work locates the Regulated Drain and installs the fence at least 7.5' from this pipe
or as designated by the Hamilton County Drainage Board to prevent damage to the infrastructure.
Respectfully,
Jeremy Kashman, PE
City Engineer
DEPARTMENT OF ENGINEERING
ONE Crvic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
EXHIBIT B
BUILDLik O fiSrMILISTT
AND OR MAISIAiNlINLART
SEDDIIAENT PROTF;r,'1ION
T}1tlza ).ja To IN' TOM
131E
P3tJIU R Tr} EMr. M,
POSITIVE DRAINAGE
AIVA.'Y FRDNI Si`12LJf'!'lftil:
TTihl- /
'ter c�F r��Ut1,✓'
BMLUFA AND H0,Nlr-()
ASSLML--',4U i.A?UT'
FLOOR ELI'VATI0NS
b
MUHMER STiMA N
AU ET2. I'Ll"NATK)
OFAAMQlNl:: " td
1`��SPbr
WIVTO
11m• 1 o'
AT LOT 3_i�tif
0