13300 Six Points - Patel, Mukkaish/Bina 2008034843 ENCROACHME $26.00
07/02/2008 02:25:03P 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Mukkaish Patail and Bina Patel, 13300 Six Points Road, Carmel, Hamilton County, Indiana 46032
"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 2 "Lot with a common address of 13300 Six Points
Road, Carmel, Hamilton County, Indiana 46032, in the Patel Estates Subdivision 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 4, Slide Number 374
as Instrument #2007057615 in the Office of the Hamilton County Recorder on October 9, 2007, as Patel
Estates; and
WHEREAS, the current Owner wishes to install a driveway, fountain, associated water supply
laterals, sanitary laterals, electric wiring/conductors and conduit, and other ancillary improvements related
to the fountain on the Lot (collectively the "Site Improvements and
(eb:msword:s:\shared\lpickettforms consents to encroach\patail (mukkaish) cte.doc:4 /25/08) 1
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvements will be constructed on a portion of the Lot designated as a
Drainage and Utility Easement, identified as "15' U.E. D.E." on Exhibit B, and a portion of the Lot
designated as a Multi -Use Path Easement, identified as "10' M- U.P.E." on Exhibit B (collectively, the
"Easements and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachments upon the Easements, which Encroachments are crosshatched on Exhibit B; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; 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 Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easements.
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 a part hereof as though such
were fully set forth herein.
2. The City consents to the Encroachments for only so long as
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2
(i) the Encroachments exist; 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 Improvements from what is depicted on Exhibit B, and to
maintain the Site Improvements in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
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 Easements, 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
Improvements, the Lot, or to Owner.
5. 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, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in, on, under, across or to the Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Site
Improvements.
eb:msword:s:lshared\lpickett\forms \consents to encroach\patail (mukkaish) cte.doc:4 /25/08] 3
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7. 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.
8. 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.
9. 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
"OWNER" "CITY"
MUKKAISH PATAIL CITY OF CARMEL, INDIANA,
A fift.L. B Y AND THROUGH ITS BOARD OF
rinted Name PUBLIC WORKS AND SAFETY
Signature .mot, O'er
Date: 3 0 C Y es Brainard, Pre iding Officer
6 /off
BINA PATEL
Printe Name iset Mary n Burke, Member
Date: 7 -Eo(
Signa ure
o'S�
Date: 4 3o I
Lori Watson; Mem
Date: f 7/ o
e)
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ATT T: li an d M. Johnson
Deputy Clerk for
l iana Cordra i Mrk reasurer
Date: 5 C e
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STATE OF INDIANA
SS:
‘.2 COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MUKKAISH
PATAIL AND BINA PATEL, 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 3o day of 200•
,,i(L.
N ARY UBLIC
My Commission Expires: ��04 k S7 X
c2 6 (2-® (i Printed Name
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, ersonall a eared J AMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and b y`me'tknown;to' be the A
Members of the City of Carmel Board of Public Works and Safety, and DIANA� C l A 5. Clerk r' Y
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the for+e)omg "Con T o t
Encro on behalf of the City of Cannel, Indiana. I p i' r 6.:.‘ E';
Witness my hand and Notarial Seal this day of 6 1 1 2' "Dill r
e ....0t... J.4 01,,,...
NOTARY PUBLIC
My Commission Expires: ,,X11
ca4 v 9 c9v/5 <4 f
bk 6 Printed Name
My County of Residence: C
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, 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. 'U d 0 c_ 5 C ,144 -ri-e L
lob mswords :\shared1pickett \formskonsents to encroach\patail (mukkaish) ctc.doc:4 /25/08) 6
LEGAL DESCRIPTION
Part of the Northwest Quarter of Section 27, Township 18
North, Range 3 East, of the Second Principal Meridian, Clay
Township, Hamilton County, Indiana
Lot #2 in the Patel Estates subdivision. Recorded in the Office
of the Hamilton County Recorder on October 9, 2007 in Plat
Cabinet 4, Slide 374 as Instrument #2007057615.
EXHIBIT "A"
5/8" (DIA,) 0 24" REBAR
(TO BE INSTALLED)
1
5
G
ANDRE R. DONIK AN MOLLY .,2 fi
STARK DONI95N v 0
INS R.
RESIDENTIAL LOT �F'�R�R'
LOT
292-0 76'd• 470•,3•
N :9'22'19" E 878.68' r
M 838.68
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PO
/F RE A'R y W
R ESID,E'NC�/ LOT v L.1�l1 Li J I f U
�b FUTURE
SEPTIC FINGERS j' ,/il ,3 4,867 SQ. FT. a o •A, W a
V
le
w a N N I y x�
te a- e
o c W U ^F Z O S 89'2219 W 8 P OPOSED'DRI A. N
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00 o PROPOSED J� 1 ,.1 P a z IT
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SEPTIC /FINGERS a� �y �C' x;,," 1 1„L/Lz I Z
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839.05' J
S 89'2 0'19" W 879.05' n
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254 2" M6'J 4
DOUGLAS CHERYL E. PILKIN TON O
REC. No. 8780. Bk. 277. Pg. 151
RESIDENTIAL LOT
LEGEND GFNERAI NOTES
PROPERTY BOUNDARY 1. BOTH LOTS WILL UTILIZE A WELL AND SEPTIC 0
SYSTEM. e
BUILDING SET BACK (B.S.L.) 2. BOTH LOTS WILL BE SUPPLIED ELECTRICITY
VIA OVERHEAD ELECTRICAL LINES LOCATED ON m.°"-,.,.
UTILITY EASEMENT (U.E.)
THE WEST SIDE OF 510 POINTS RD.
DRIVEWAY EASEMENT (D.E.) 3. BOTH LOTS WILL UTILIZE NATURAL GAS VIA
R -OF UNDERGROUND GAS LINES ON THE EAST SIDE
OF 510 POINTS ROAD.
4. BOUNDARY INFORMATION SHOWN HEREIN PER
A SURVEY PREPARED BY HAHN ASSOCIATES,
MUL -USE PATH EASEMENT (M-U.P.E.)- Z
0 C
-889--• EXISTING CONTOUR LINE INC. AND CERTIFIED BY RICHARD A. O'BRIEN ON
DECIDUOUS TREE DECEMBER 21, 1992 AND 15 ASSUMED CORRECT
z o p
UNTIL PROVEN TO THE CONTRARY, S p V
3 Co
CONIFEROUS TREE p Z r W
O 5 /8" (DI A.) X 36" LONG REBAR W/ CAP u C 5
STAMPED "VSEI 0063" (TO BE INSTALLED) W
D CONCRETE MONUMENT (TO BE INSTALLED)
0 25' 50' 100' SITE PLAN
SCALE: r 50' A0.2
THS SHEET I5 FOR REFERENCE ONLY. REFER TO CIVIL DRAWINGS. ....M