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Home My WebLink AboutAsherwood_ENCROACHMENT_202112172021090105 ENCR $25.00 12/17/2021 09:05:28AM 10 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented TGR Encroachment Agreement This Agreement, made this day of �)e-4--e,%,-,`' . r , 2021, by INDIANA GAS COMPANY, INC., an Indiana corporation doing business as CenterPoint Energy Indiana North, hereinafter referred to as "UTILITY", and Asherwood Carmel LLC, their successors and assigns hereinafter referred to as "Grantee". WITNESSETH: That in consideration of compliance with the following terms and conditions and for other valuable consideration, UTILITY has consented to the Grantee's constructing, installing and maintaining an asphalt drive, 8" PVC Sanitary Sewer, 21" R.C.P. Storm Sewer, and 8" Ductile Iron Water Main hereinafter referred to as "Encroachment", within UTILITY's natural gas pipeline easement and near its pipeline. This Agreement pertains to a 60 foot easement, Miscellaneous Book 57, Pages 570 as recorded in Hamilton County Recorder's office and located in the NE'/4 of Section 9, Township 17N, Range 3E, in Clay Township. This Agreement shall become binding and enforceable upon Grantee's acceptance and performance of the following terms, conditions, and responsibilities: 1. Grantee shall indemnify, defend and hold harmless UTILITY from and against any and all claims, costs, losses, suits or judgments, including attorneys' fees, for damages, injuries to or death of persons, or damage to or destruction of property arising from or related to the construction, installation, maintenance, operation and/or removal of the Encroachment and/or appurtenances, including, but not limited to any removal required by UTILITY to access its facilities or to perform maintenance and/or to fulfill other operational needs within its easement. 2. This consent by UTILITY is not intended as a waiver of rights nor as a release of Grantee from any obligation, restriction or encumbrance to which Grantee's interest in the real estate is subject by virtue of any document including a deed, easement, lease, or plat, or by virtue of any governmental action including a statute, regulation, ordinance, permit, code or the statute of limitations with respect to adverse possession of the Encroachment, which shall not begin until after this Agreement is terminated. 3. The Encroachment shall not restrict or impair UTILITY's access to its facilities, weaken the integrity of UTILITY's facilities nor otherwise interfere with UTILITY's use of the easement. 4. This Agreement shall be binding upon, enforceable by and inure to the benefit of the Grantee, UTILITY, and their respective heirs, personal representatives, successors and assigns. 5. Grantee shall comply with the provisions of Indiana Code § 8-1-26-1 et seq. relating to damage to underground facilities. Encroachment Program Page 1 of 4 6. Should UTILITY need to access its facilities for emergency maintenance, improvement or otherwise, Grantee shall hold UTILITY harmless from any resulting damage or injury to owner's Encroachment, including all costs and expenses, with the exception of any damages or injuries to third parties, which result from the sole negligence or willful misconduct of UTILITY. 7. Grantee understands and agrees that should the Encroachment fail to conform with the approved Encroachment, UTILITY has the right to require Grantee to modify or remove all or a portion of the Encroachment at Grantee's sole expense. 8. UTILITY hereby consents to the Encroachment, as depicted on Exhibit "A" attached hereto and made a part hereof. 9. In the event of the necessary removal of the Encroachment and/or appurtenances by UTILITY due to the operational need to conduct maintenance or repair work on said pipelines, restoration of the Encroachment and/or appurtenances shall be at the expense of the Grantee and shall be subject to this Agreement. 10, Grantee agrees that any future changes to the Encroachment and/or its appurtenances, including additions, expansions, replacement and/or rebuilding will not be done within UTILITY's easement. 11. UTILITY reserves the right to deny any modification or continuation of the Encroachment that will hamper its ability to safely and effectively maintain and operate its facilities. 12. UTILITY shall not be responsible for damages to property that cannot reasonably be removed or relocated, should UTILITY need to perform maintenance or fulfill other operational needs on its facilities located within the easement. 13. This Agreement in no way grants consent for future encroachments. 14. Grantee further agrees to coordinate any work within the easement by calling the local UTILITY Area Supervisor at (812)746-1405 at least 48 hours prior to commencing any work. Encroachment Program Page 2 of 4 The parties hereby indicate their understanding and acknowledgment of the terms and conditions contained herein by executing this Agreement where indicated below. UTILITY hereby expressly states that its approval of the Encroachment as described in this document is conditioned upon Grantee's acceptance of the terms of this agreement and UTILITY further expressly states that the preparation of this document by UTILITY does not imply any acceptance or approval of the Encroachment until this document is signed by both parties. In the event this document is not executed by (1/02/2022) UTILITY withdraws its preliminary approval of the Encroachment and will consider the Encroachment to be constructed within its easement adverse to UTILITY's interests and consent and subject to removal by all means available to UTILITY. The undersigned persons executing this instrument on behalf of UTILITY represent and certify that they are duly elected officers of UTILITY and have been fully empowered to execute and deliver this instrument and that all necessary corporate action for the granting of such agreement has been taken and done. This Agreement may be executed by the parties in any number of counterparts and may be executed by way of facsimile or electronic transmission, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument and all signatures so obtained will shall be deemed to be an original signature, Asherwood Carmel: LLC Signed by: VOA2 � > Grantee Mark Gradtson, Manager STATE OF ra%,*Vvl ' e } ss: COUNTY OF �k *,c%.00 Before me, a notary public, in and for said County and State, personally appeared Mark Gradison, Manager, Asherwood Carmel LLC who acknowledged the execution of the foregoing Agreement to be their voluntary act and deed and did say they are the owners of the aforesaid property. Witness my hand and notarial seal this 3 day of 'D46 e-w- �� , 2021 My Commission expires My County of Residence is (Signed) Notary Public (Printed) Notary Public KatherineE. Wagner Notary Public, State of Ind'€ana SFAI_'i ? Hamilton County Commission Number NPQ71T324 o,iyD Arip ,,`' W Commission Expires December 4, 2026 Encroachment Program Page 3 of 4 Indiana Gas Company, Inc. d/bla CenterPoint Energy Indiana North Signed by, Matthew R. Dowell Manager, Land Management Division Agent STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on l (11` , 2021 by Matthew R. Dowell, Manager of the Land Management Division of CenterPoint Energy Houston Electric, LLC, as Agent for Indiana Gas Company, Inc., d/b/a CenterPoint Energy Indiana North, on behalf of said corporation. Witness my hand and notary seal this &/ day of L� `�'`C Z,2 21. My Commission expires ` C� (�J 1 , >l ` � � �� C% % 2 i ned) Notary Public My County of Residence is (Printed) Notary Public This instrument prepared by UTILITY by Alexander Barrett. I affirm, under the penalties for perjury, that have taken reasonable care to redact each Social Security Number in this document, unless required by law. Alexander Barrett LISA AL)AMS NOTARY ID #522496-4 My Commission Expires March 30, 2022 Encroachment Program Page 4 of 4 60' GAS PIPELINE EASEMENT—� OSS REFERENCE: SOON 57, PACE 570 i i A51'39'3i11' 7220' � i CAS LIAIN POT HOLE T.O-11N 3 c Of HOLE GAS MAIN POT P.O.B.72. 1708065,7383 0. .3452 roan Am ENCROACH ENT 855 fPfROPOSED GRADE ' 855 ./ A, I 850 850 _ EXIST. GROUND T , £ ANE PIP 845 D.I. 0108 WATER Mi NG w PROPOSED WRfARY IN -E" sm 35 P9C INY.�4J�,98 840 840 PROPOSED SiOHl1 MU CFiO W 21' R.C.P. 835 Nr1c.n o35 rnuuy n0 r.TcIR OD � 00 n Co. ) Tp to Ln 50 00 LO Ln OD 00.00 to a m 12+50 13+00 13+50 14+00 14+50 15+00 LEGEND 18 I N GAS NDR,H ❑I 5.5' ASPHALT PAVUAENT. - 2IINDOT SUBAGRADEETREATMENTGATE, Na�w H: !"=50 � `' V:1"=5 1 SHEETNUMBER. CENTERPOINT ENERGY GAS LINE ENCROACHMENT APPROVAL PENDING Kiley>>> Horn 1 Of6 EXHIBIT NOTPOR o 2OZ VIIEWN AND ASSWAtE$ NR ASHERWOOD CONSTRUCTION 250 EAST "TH SIl4,ET. SUDS 611R � N ROSiC MO.757 - -d5D0 CARMEL,INDIANA ��-NORRA P.O.E. N: 1708128.2443 E: 181702.6920 i 6D` GAS PIPELINE EASEMENT— P (SS REFERENCE: BOOX 57, PAGE 570 1708133.8551 E: 181720,1021 i PROPOSED WA7ER CROSSING N5139'33'W � � 72.2 PROP. GRADE=853.76 GAS ASAIN POT ROLE d� T.O.P. 849.37R STORIA CROS9N i a P.O.E� , 1,° 5010'00'W N: 1708103.4301 E: 181625.6933 PL PROP. GRADE=853.79 1 Et OME-857-23 GAS LIIAIN POT HOLE TA-P, 843,87 � PROPOSED W CROSSING N63V21'W a 74.27- P.O.B, N 1708059.7477 1w 181685.7562 P.O.E. i N: 1708083,4554 E: 181759.3214 P.O.B. N: 1708088.3838 E: 161774.6142 UJ asa ENCROACHIOENT 3 855 PROPOSED GRADE_ i 855 A_ I t 850 850 ~t EJeST GRAND " PIP NE n 845 D.i. i ATER "5 PRUP05E13 &WARY CRDS9NC Ir SUR 35 PYO kIV.MDf3.46 840 840 PRaPasr;n smR�1 c�o�xc 21' RAP. 835 IiV�83777 n35 h M co r p — Ori k r p to io On Lo In Lo I LL to Lo IIn W co O3 OD co co OD CO 12+50 13+00 LEGEND In 8.5' ASPHALT PAVEMENT. OA 5' COMPACTED AGGREGATE, Na 53. at 12`INDOT SUBGRADE TREATMENT 13+50 14+00 14+50 1 81N GAS H: 1 "=50 ; V: 1 "=5 15+00 NORTH _W-WIG WAIS IN SHEET NUMBER CEN'T=INT ENERGY GAS Kimigl Horn LINE ENCROACHMENT APPRO- 2 of 6 PENDING EXHIBIT NOTFOR 02OZ WWEY-H NQ most m HR ASHERWOOD CONSTRUCTION 250 EASE 9M SM BORE BW w AWH N 40240 CARMEL, INDIANA � wo E y-FN"4W P.O.E, N: 1707801.7444 .O.E. E. 180689.5597 1707789.328 PROPOSED STORM CROWNG i - 180651.0315 N77'b7'39*W i 120.36' - EX. GRAOE� 8fi1.78 7 CAS MAIN POT HOLE a $ P.O.E. i T,O,P.857,98 t� N: 1707766.11 �' E: 180578.9926� PROP. GRADE=864.73 E1G GRADE=H65.92 i '� G PROP. GRADE=863.71 EX. GRADE=864.72 P.0.6. GAS MAIN POT HOLE LO.R 860.P * ---GAS MAIN POT HOLE � i N: 1707776.6399 � E: 180807.2701 OPOSED W TER-dOSSIN6 T.O.P. 859.5� i 60' GAS PIPELINE EASEMENT k3231'48'E G y i CROSS REFERENCE: BOOK 57, PAGE 570 i 77.W h& PROPOSED SANITARY CROSSING i N29'4131 P P.O.B. ' RaEl. X �N: 1707686.9779 E: 180529,0482 '1 a.� �$ N: 1707712.0185 E: 180606,7493 VA R75 A75 870 NCftOA LAMENT 870 8$5 PROP05E0 GRADE EXIST. GROUND,. 865 _ � No PQ 860 855 1" D.I. WA ER MAIN ?n 855 - 850 SANTARY 35 P1C CROSSAID -PROPOSED 27' R,C INV. S'tnAM SEVER CRO; P. 48 850 PRDPOSED Ir S.D.R. t1.-M14 M co 07 V cq 00 00 n GD Do w n OD no cq ro N o7 1+50 2+00 2+50 3+00 3+50 4+00 4+50 LEGEND 1 Q{ �, I G A S Noa H 1❑ 8.6' ASPHALT PAWMENT. on tJJ T V 0` COMPACTED AGGREGATE. Na 5$. on „ N ' �. 15 IV INDOT SUBGRADE TREATMENT CRAP G�� SHEET NUMBER LINE NTE CROAPOINTENERGYGAS Kimle *Horn LINE ENCROACHMENT APPROVAL 4 D16 PENDING EXHIBIT NOTfoa o sua Ir>�c-H AtRD ASSOQAYq NG ASHERWOOD CONSTRUCTION 2w EASY SM UMWr.. SURE 600 MMk N 40740 CARMEL, INDIANA PHO O 317-210-mm FAM 630-M-590 WA1F4Oiw_fi 8HAot1 7EILIIJE EASEIIENFCROSS R€EET( 57, PACE 570�y -CA DIN POI HOLE —� i TO.P.856.03 �G//•ice P.O.E. � N: 1707924.2798 J E: 181089.7882 i i PROPOSED STORM fROS51NG c `NU71'S4'E G �„s 63.17' G / .0.8. N: 1707861.1y}3 ' X E: 181069.3856 i C.A. 91.4 :E 570 e R70 R70 865 865 EXIST. GRONN0`-'- -- 1 860 860 855 — _ 855 RIFE N✓: PROP05EU 51dW SE1iR CR45SMiG 16' Up. 850 MV 79 8 O fi ro O 7 r7 CO cp O cO 00 00 00 7+00 7+50 8+00 1 81 N GAS H: 1 "= 50 ; V: 1 " = 5 sNEErNUMseR CENTERPOlNT ENERGY GAS LINE ENCROACHMENT APPROVAL /% Kim1e� > Horn EXHIBIT NOTFOR a 2OZ WWEy-N "AS3poAtEs, N0. ASHERWOOD CONSTRUCTION 2D 250 Mr sS ZMELT�� CARMEL,INDtANA ��M44� WNwx"v..tpp Aw BENCHMARKS & LAND DESC: TO Hat rltb waabar Hi1 07810Ap • r8140B dab ELEV. - 855.518 {NAND lgaa) TBIt//��0pp11 — Raba wi81�p M:170733IA- 1 L. 1830 IA5 ELEV. - 041.18 (NAW 1188) T811 — Raba with M:1 0038.400 C 18302lA�70 n". - 841,005 (NAW HISA) 10120 DITCH ROAD CAMEL. N4 43032 FW OF ME 1MRM W(F MEMUM WM AM P)1N OF ME 501MW 07AVMA0 9.M 0, VOr 17 WMR 993 WR I0AXK WIM PDAYAIOE FARW7RY DWW AS RUM OW 9W1M"mDIM IFIESD7MNNTOF4fMORME7510URERIFSAD51AD IL98PON1ONOSCUM00[f=A WM It SDOOti5W ME WDFA 0aM 0FSW (lA1T1£ WILE NM W FAA Mmsm 37 :T m Od11000 Rtfi ma ! DUKE m au [EW1S le "ms MORE MORN 00 OD m n Wms 600 AM WE Ot LEA MCI CURRENT PROPERTY OWNER ASHERWOOD CARMEL. LLC 6330 E, 75Lh STREET, SUITE 156 INDIANAPg1S, IN 46260 INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD a3) " mmilu 11=W. AFC h K`! s un. L Smaaaoos� lqy� BURY ip� �nnmmmtm LOCATION MAP: sHEET NUMBER CENTERPOINT ENERGY GAS I LINE ENCROACHMENT APPROVAL �� Kimi > Horn 6 Of 6 EXHIBIT PENDING 14OTFOR CMSTRUCTION o 2=1 NM Y-H AM ASSOCIATES, INM 250 EAA71s711 SHEET Mea INWANA N 45240 ASHERWGOD SLkIE PFIOI� J17-21A-�0M0 ro% 0�-457-am CARMEL, INDIANA WAiPNrS2Y-1LOIW COAL