14038 Salsbury Creek - Singh, Gopal j CO
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APPROVED an 41. CONSENT TO ENCROACH
APP nOV:.D AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Gopal Singh, 14038 Salsbury Creek Drive, 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 26 "Lot in The Woods at Williams Creek
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 3, Slide Number 75
as Instrument Number 200200081175 in the Office of the Hamilton County Recorder on October 29,
2002, as The Woods at Williams Creek; and
WHEREAS, the current Owner proposes to install a new fence, has installed landscaping and soil
mounding, and has installed a driveway on the Lot (collectively, the "Site Improvements and
2010025911 ENCROACHME $26.00
06/11/2010 09:08:19A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
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(eb:ms.ord:):'sharcd'Ipicketoconsents to cncroachtsingh de (fence).doc:4 /?0'111] 1
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WHEREAS, The Woods at Williams Creek Homeowners Association "HOA approved the style
and location of the fence on March 1, 2010; and
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 portions of the Lot designated as
Drainage and Utility Easements (the "Easements"), identified as "15' Drainage Utility Easement" on
Exhibit B; 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
"Encroachment 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.
eb: ms eord:p:\vhared•Ipickpnconsents to eneroach\sineh ete (fence).doc:4120!10] 2
I
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 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, and /or for any failure of proper disclosure pursuant to Paragraph 11
hereof, 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
[cha MN, ord:y shat cddpicketr∎ consents to encroachrsineh cte (fence). doe :4 /20 3
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
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 terns 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.
11. 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.
12. Owner agrees not to further alter the ground surface elevation within the limits of the easement
at any time.
13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on
the Lot or adjacent properties deternined by the City to be resulting from the Encroachments
or from the landscaping and soil mounds located at the southwest corner of the Lot.
eh: mseord:y: to encroachsineh cte (fence). doe :420 4
"OWNER "CITY"
COPAL SINGH CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Sig tune
Date: f://2f//0 J nes Brainard, Presiding. Officer
Date s
Mary Burke, Member
Date:
i
Lori Watson _ember
Date: 5 /IC //0
ATTES
T% I J
ana Cordiay, IA Clerk- Treasurer
Date: 5111110
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STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared GOPAL SINGH,
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 r day of i/ri( 20/
Zdk-efil
NOTARY BL'
My Commission Expires: n A, 1 WM 1en
de c 9Of e Printed NNaanie
My County of Residence: 42/0/0/1
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 know an by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and e r�c
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 11 day of
aaJ
NOTARY PUBLIC
My Commission Expires: Q
r\ J�S
3 Printed Name
My County of Residence: '.-mil
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for peijury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
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LEGAL DESCRIPTION
Part of the East Half of the Southeast Quarter of Section 22,
Township 18 North, Range 3 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana
Lot #26 in The Woods at Williams Creek subdivision.
Recorded in the Office of the Hamilton County Recorder on
October 29, 2002 in Plat Cabinet 3, Slide 75 as Instrument
#200200081175.
EXHIBIT "A"
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and Setback Line ,00,,x1
V 15' Drainage 4- rt 1
U tility Easement
42.g 0 38 .73' 43 68' I 109.18' .178'i� l N
E c7(I rtALSIBUIRY CREEK -70
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44 152.86'
4 9 (out D I V E
1 80 152.86 u lu2v2sc
N ON W 1:;0.00' 1 S 00'27'30" W 409.03'
S 89'32'30" E
0 N
m N 6-1 15' wide Gas Line Easement granted to Indiana Gas Ci
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