13326 Six Points - Patel, Nilaben 2008034853 ENCROACHM $24,
07/02/2008 02:25:03P 7 PGS
Jennifer J Ha
HAMILTON Cou ayden
.6
Recorded as Presentedder IN
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Nilaben Patel, 13326 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 1 "Lot with a common address of 13326 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, pipe with end sections, and retaining
wall on the Lot (collectively the "Site Improvements and
eb :msword:s:\shared\Ipickett(forms \consents to encroach\patel (nila) cte2 doc:6 /18 /081 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
Utility Easement, identified as "15' Building Setback and Utility Easement" 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 Improvements will encroach (the
"Encroachments upon the Easement, 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 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 a part hereof as though such
were fully set forth herein.
2. The City consents to the Encroachments for only so long as
(i) the Encroachments exist; and
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(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 or sewer lines 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 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 Easement.
6. 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
Improvements.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
)eb:msword:s:lshared0pickett\ forms \consents to encroach\patel (nila) ctc2.doc:6 /18/08) 3
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"
NILABEN PATAL CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUB IC WORKS AND SAFETY
(\t L N PRA' E{
Printed Name mes Brainard, Presiding Officer
cA4 w� d!,
S ignature Mary nn Burke, M- s ber
Date:
Date: 6 13' D g
Lori Wa :on, Member
Date: 7/7C)
ATT rf■ T: Sandra Johnson,
l AO' ez. Dep Clerk for
Diana Cordray, IAMC, eI Treasurer
Date: `7
]eb:msword:s:\ shared \1pickett\forms \consents to encroach\patel (nila) cte2.doc:6 /18/08] 4
STATE OF INDIANA
S S:
COUNTY OF Jai 1 si
Before me, a Notary Public in and for said County and State, personally appeared NILABL y' i':';`t
PATEL, by me known, and who acknowledged the execution of the foregoing "CONEENT0 e ''';o:
ENCROACH" as his or her voluntary act and deed. r a
tk WI K
Witness my hand and Notarial Seal this 23 day of v►� f t. 20 4 17 1'S' 1
R.
r�a
NO ARY UBLIC 5< =:i
My Commission Expires: 0'
9 .9_,._ 6 0 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, personally JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known antAihilerioym to -be thrk- eme
Members of the City of Carmel Board of Public Works and Safe and i 'V 3 iri: le
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of tl e fo ugoin To.,
Encroach" on behalf of the City of Carmel, Indiana. x:.6 7 3
Witness my hand and Notarial Seal this Z day of F Us e 205- ttI n- r lA e
NOTARY PUBLIC ,s;.`
C ci,„„ My Commission Expires: i t
e 0 9 Printed Name
My County of Residence. E V Uy
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 hay,e4ken rea onable care to redact each Social Security
Number in this document, unless required by law. 0 a la 3 C we
C
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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 #1 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"
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PROPOSED
FIELD LOT I L y l 1 I i IIII
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PROPOSED \l PROPOSED Milt .I k�T i I
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NotE: 1 1 Ca
The above Nowt parcels tie within Zone 'x' (Area
determined to be outeke 500 –tar n000lah) as
Id parcel. plot by scale on COMMUNITY
LEGAL DESCRIPTION NO h Co of the flood b
e neevmurance ce rate O
LEGEND
tot humor. 1 m0 2 h Pala plat 01 addition .8 Me County ry of of Homlten, State Indiana, OFFICE 01 IRE NAYILTOY COUNTt SURVEYOR
to the G el
t of Cam, Indiana, a, Me pat of •hid, I. effective 19, 2000, �D)•ct to mop scale CULVERT BRIDGE INSTALLATION Faaasa DP/01M D
c
recorded Instrument Number 21307057615 In the uncertainty and 1 to any other mewtabtr w In location
ATION
office of the Record of Harnil County. Indiana. elevation the referenced flood Inance rate wv. WANT P0111
map IWPE IIILIFl1Y PAM FASEYFNT
':G:i r i''w vt Ile MOT FLOOR M'Al1m
Minimum Flood PProtection bred.. Nat applicable lr I 11=2. 11=2. BASF]pIT flaoll fLLVAMr
Y
.r� lE CONS. FLOOR O T N
SECO
YMinimum Flood Adjacent Grade Lot ap i a ble -r i I nn
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Lot /2 aft300 I F, Q slaw PPE ENO sEC1lON
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TYPICAL SWALE DETAIL Fq/
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F I SOT TOPAZ BERM DETAIL =u HAMILTON COUNTY SURVEYOR'S OFFICE
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