5731 Kenderly Ct - Kolur, Nagabhushana 2 00400040385
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
06 10 -2004 At 03 :43 m.
ENCROACHMNT 24.00
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Nagabhushana Kolur, 5731 Kenderly Court, Carmel, Hamilton County, Indiana 46033 (individually,
"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 Number 94 "Lot with a common address of 5731
Kenderly Court, Carmel, Hamilton County, Indiana 46033, in the Lakes at Hazel Dell 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 2, Slide 645 as
Instrument #200100051413 in the Office of the Hamilton County Recorder on August 16, 2001 as the
Lakes at Hazel Dell, Section 3; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the System on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the System will be constructed on a portion of the Lot designated as Public Right of
Way and as Drainage, Utility Sewer Easements (the "Easements identified as Kenderly Court and as
"10' D.0 &S.E. and 25' D.U. &S.E." on Exhibit B;
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WHEREAS, the Right of Way and Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachment upon the
Right of Way and Easements, which Encroachments are crosshatched on the Sketch; 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 installation of the System as proposed by the Owner on Exhibit B should not
materially interfere with the City's use of the Right of Way and/or 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:
(i) the Encroachments exist; and
(ii) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the System and/or the Encroachments from what are depicted on Exhibit
B.
4. Owner agrees that City shall have the right to remove any portion of the System as City
deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines,
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sewer lines or drainage ditches located in any or all of the Right of Way and/or 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 System 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 and /or damage to any property or improvements, located
on the Real Estate, or otherwise, which results directly or indirectly from any act of the
Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or
related to the System or the Encroachments in the Right of Way and /or 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 any or all of the Right of Way and/or the Easements
and /or any improvements located therein caused by the installation, construction,
maintenance or operation of the System.
7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the System.
8. Owner agrees that its use of the System will not create standing water and/or other drainage
problems that affect the City or adjacent property owners and that, if such problems arise,
City, in its sole discretion, may itself remove or may notify Owner who shall then
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
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9. Owner agrees that the water flow from the System shall be directed away from all street
travel lanes and that water from the System shall not be permitted to spray onto, traverse or
otherwise come into contact with any travel lanes or paved areas of any street or street
intersection.
10. Owner agrees that the placement of the System in the Easement shall be at Owner's cost,
expense and risk and that, if City, in its sole discretion, performs any work in the Right of
Way and/or the Easements, including, but not limited to, the maintenance of grassy
areas /landscaping or the snow plowing of streets or sidewalks, that causes damage to the
System, or any part thereof, any and all repairs to same shall be the sole responsibility of
the Owner and that, under no circumstances shall the City be_responsible for any costs of
relocation and/or repair of the System.
11. Owner agrees that certified record drawings of the installed System shall be provided to the
City immediately upon completion of the construction of same, which drawings shall show
by dimensional location, among other things, the location of all sprinkler heads, piping,
controllers, valves, meter pits, and similar System instruments and/or equipment.
13. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City with a recorded copy of same within ten (10) business days from 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 cost and
expense.
14. The parties hereto agree that the terms of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
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T i
15. The persons 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.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUB C WORKS AND SAFETY
■Il, ff.
Nagabhushana lur I es Brainard, Presiding Officer
SSN: 3 •1 1 2-116 S D. e: 0
Date: L/- /9-6V
wiz-
Mary Ann r ke, Member
Date:
-AIM'
Lori'Watson, Me aI.er
Date' 0
ATTEST:
I Sandra ',I Ja
iana Cordray, I MC F lerk- Treasurer
Date: .5 Wp
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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1 4F lit i ii i
1 ..N' 1
STATE OF INDIANA r-,..-
ss: 4 x,.
COUNTY OF d A evu u z .1
Before me, a Notary Public in and for said County and State, personally appeared
NAGABHUSHANA KOLUR, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his voluntary act and deed.
Witness my hand and Notarial Seal this 1 day of k e e-l(,, 20 0:
0 4 i 1
NOTARY PUB
My Commission Expires:
k� q. e r
E c 1 Printed Name
My County of Residence: Y Q \i 11
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 ii a rr d b known o, e,the
Members of the City of Carmel Board of Public Works and Safety, and llA�TiT _...6 '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., x. i,,), i
Witness my hand and Notarial Seal this day of "'D 'h n
IA
NOTARY PUBLIC
My Commission Expires: .r,•
Printed Name ,''rrttF,l,tii
My County of Residence: H4/72/X.70/1)
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LAND DESCRIPTION
Part of the East half of the Northeast Quarter of Section 33, Township 18 North, Range 4 East of the Second Principal Meridian
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the northeast corner of said Half—Quar ter; thence North 89 degrees 44 minutes 17 seconds West (basis of
bearings is from the record plat of Lynnwood, Section 2, Instrument Number 9559878, as recorded in the Office of the Hamilton
County Recorder) along the north line thereof a distance of 1329.07 feet to the northwest corner of said half— Quarter; thence
South 00 degrees 23 minutes 23 seconds West along the west line of said Half— Quarter a distance of 1498.32 feet to the
southwest corner of the Lakes at Hazel Dell Section 12, the Secondary Plat of which is recorded as Instrument Number
200000061137, Plot Cabinet 2, Slide 522 in the Office of the Recorder of Hamilton County, thence South 89 degrees 36 minutes
37 seconds East along the southerly line thereof and the boundary of the Lakes at hazel Dell Section 1, the Secondary Plat of
which is recorded as Instrument Number 199909944846, Plat Cabinet 2, Slide 295 a distance of 471.00 feet to the Northwest
corner of the Lakes at Ilazel Dell Section 2, the Secondary Plat of which is recorded as Instrument Number 200000026090;
the following four courses are along the boundary thereof) (1) thence South 00 degrees 23 minutes 23 seconds West a distance
of 449.80 feet to the Point of Beginning; (2) thence South 89 degrees 36 minutes 37 seconds Eost a distance of 130.39 feet;
(3) thence South 00 degrees 22 minutes 29 seconds West a distance of 50.04 feet; (4) thence South 89 degrees 37 minutes
31 seconds East a distance of 180.00 feet to the westerly boundary of said The Lakes at Ilazel Dell Section 1; (the following
two courses are along the boundary thereof) (1) thence South 00 degrees 22 minutes 29 seconds West a distance of 80.00
feet; (2) thence South 10 degrees 36 minutes 03 seconds East a distance of 129.02 feet; thence South 61 degrees 18 minutes
17 seconds West a distance of 180.00 feet to a non tangent curve_ to the right, having a radius of 375.00 feet, the radius
point of which bears North 61 degrees 18 minutes 1 seconds East; thence northwesterly along said curve an arc distance of
47.01 feet to a point which bears South 68 degrees 29 minutes 17 seconds West from said radius point; thence South 83
degrees 05 minutes 05 seconds West a distance of 119.86 feet; thence North 89 degrees 37 minutes 31 seconds West a
distance of 509.61 feet to the west line of said half— Quarter; thence North 00 degrees 23 minutes 23 seconds East along said
west line a distance of 317.11 feet; thence South 89 degrees 36 minutes 37 seconds East o distanc8L}jY47N.jEDtFORtrfj(pj
Point of Beginning. Containing 5.473 acres, more or less.
EXHIBIT "A"
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EXHIBIT "B"
WA Y A RIGHT OF 11� EASEMENTVENCROACOHMC LAMENT