13816 Four Seasons Way - Asif/Hala Sharfuddin 2009052809 ENCROACHME $26.00
09/01/2009 10:39:20A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPROVED CONSENT TO ENCROACH
apfirto���� as to t o�;r; L
THIS CONSENT TO ENCROACH (hereinafter the `Agreement is entered into by and between
Asif A. Sharfuddin and Hala F. Sharfuddin, 13816 Four Seasons Way, Westfield, Hamilton County,
Indiana 46074, (individually and collectively, "Owner and the City of Carmel, Hamilton County,
Indiana, by and through its Board of Public Works and Safety "City
WITNES SETH:
WHEREAS, Owner owns in fee simple Lot 106 ('Lot in the Lakeside Park 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 680
as Instrument #200500048186 in the Office of the Hamilton County Recorder on August 1, 2005, as
Lakeside Park, Section 4; and
WHEREAS, the current Owner wishes to install landscaping, a fence and a play set on the Lot (the
"Site Improvements 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
I d, :nuu..,,, Amer, !path .forms uvnent iU encroachnhar(oddm de dx:4 0 1 1
WHEREAS, the Site Improvements will be constructed on a portion of the Lot designated as a
Drainage Easement (the "Easement identified as "15' D.E." on Exhibit B; 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
"Encroachment upon the Easement (approximately twelve feet), which Encroachment is crosshatched
on Exhibit B; 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 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 Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
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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 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, 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 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
cb:msaor :.hared 1pkkef f m comrnlc m co:rcuchoharfoddin ,tt.iN 4 1 041 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.
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.
"OWNER" "CITY"
AS1F A. SHARFUDD1N CITY OF CARMEL, INDIANA,
b//1- BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Signature
Date: 4/(4/0 5 James Brainard, Presiding Officer
Date:
HALA F. SHARFUDDIN
Mary A urke, M�nber
Signature Date: j S 0
Date: x/(6(05
Lori NV; tso•, iv ember
Date: 8( <(DI
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ATTES17:
Attrnf.
Diana Cordray, ieasurer
/Date: 05749
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STATE OF INDIANA
1 SS:
COUNTY OF p UM 'HON
Before me, a Notary Public in and for said County and State, personally appeared ASIF A.
SHARFUDDIN and HALA F. SHARFUDDIN, by me known, and who acknowledged the execution of
the foregoing "CONSENT TO ENCROACH" as his or her voluntar} ct and deed.
Witness my hand and Notarial Seal this day of 200
I L X177 O`7 Er
NOTA PUBLIC
My Commission Expires: L
r"I 1 a firA r 0 42 m f c/7
Printed Name
STELAMAR E. STAMPER
Notary PtabUC r
SEAL My County of Residence: h,
State of Indiana
My Commission Expires Oct 10.2010
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMBS
,BRAINAR MARY ANN BURKE and LORI WATSON, by me known, and wb �v, .rca sow me known to D b the
Members of the City of Carmel Board of Public Works and Safety, and IAN CORD A Cl erk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
r
Witness my hand and Notarial Seal this 5 of 20 O
NOTARY PUBLIC
My Commission Expires:
7 4 Printed Name
My County of Residence: 4
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
1 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.
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LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 20, Township 18
North, Range 3 East in Hamilton County, Indiana
Lot #106 in the Lakeside Park section 4 subdivision. Recorded
in the Office of the Hamilton County Recorder on August 1,
2005 in Plat Cabinet 3, Slide 680 as Instrument
#200500048186.
EXHIBIT "A"
r
LAKESIDE PARK M3 P E L I M I N A R Y
1HST./ S 030 048189
LOT #106 SECTION 4 1
CITY OF' CARMEL, INDIANA PREPARED FOR
13816 FOUR SEASONS WAY DREES HOMES
HOUSE TYPE: LANCOON "H' FULL BASEIAENT
OPT10N5: 3 -CAR SIOELOAD GARAGE
12'x10' CONCRETE REAR PATIO A .1
LOT SIZE: 14,377 SQ.fT BRICK WRAP SIDES /REAR)
Crum FLOAUNF,./
CONC. DRIVEWAY: 1,0103 SOFT, .00tl AS PER PLANS
PUBLIC WALK: 1,1213 SOFT, �1�` A. 7 (4i, TYPICAL SWALf S:f
PRIVATE 'NALK 227± SOFT. O 9 6s l'1 �N
SEEDING. 3, SOFT. 1STf''k y 4+ NOrt: OtMOER 10 E
SOD' 1015* $Q.`!D. I i Q �NO. 1 0RAa ACE AWAr cRC4 STRUCTURE 51
{LS20300026:
STATE Of 1 f f
3. t /NOIAHI• S
1
UPSTRCAU UANNOLE 4530
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OF1M. OF Pm/CAL sroRu
wATCR FLOW PAYIERN FOP
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so: TT/IY
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NOTE;
ORI\'E MIRY TO CoNF0RU will CITY or CAR4EL SYO.
TH E LOCIT»10, DTUO 00NS A O YAOM AWNS THE PR0P05E0 PUBLIC 90EWALIt ACRE SCALE0
OR TAKEN (ROW MGINEERWO ODNSTRuc00B PLANS PREPARCO BY 001ER5 OR ES PRO YIM D,
ARMY SANIYARY LATERAL LOCATION PRIOR TO CONSTRUCTION
E t 1 PROPOSED GRADE 1 0A1U/310N g 5 E 5VLOI LLOCAA11c* s, tat LOCATION CI O THER C PERT ENTT reAIURES U A NO NC
-r s is PRICl TO or CONSrnvC11 IHE INTm5 vsE of TNT; PLOT PLAN IS
000,0 EXISTING GRADE
ONLY MO SHALL NOT BE U3E0 FOR AN' OTHER Pu11P05C
uu03UtYEYw64 ORTRt 01K DATE: 01/23/01 SCALE• I' a 30'
A J /i PEYELOPNiNTCON3 494 07 .'015
True R(Y
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Urv �ying L l INDtARAPOL11.0lO1ANA(43ti ZONING: S P
'8054 :(113�.yp.13f0 EgAI SIDE F,F,E. CAR: 916.6'
'roSLTLNO you 51nit mow
oaEncN FAX (314211.1m REAR F•F•E. 85M T: 907,5'
E) H 1 B IT