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HomeMy WebLinkAboutShorecove Ct - Drees Homes 200400027800 Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN C ENC 2004 At 12:27 pm. ENCRACHMNT 24.00 CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Drees Premier Homes, Inc., 6650 Telecom Drive, Suite 200, Indianapolis, Marion County, Indiana 46278 (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 67 "Lot with a common address of 13641 Shorecove Court, Hamilton County, Indiana 46032, 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 255 as Instrument #200300096181 in the Office of the Hamilton County Recorder on September 17, 2003 as Lakeside Park, Section 2; 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 (the "Right of Way identified as Shorecove Court on Exhibit B, and as Drainage, Utility Sewer [eb:mword:z:\sharcd\dhill\ form \dreeslakeside67consent.doc:3 /23/41] 1 3 Easement and Drainage Utility Easement (the "Easements identified as "Var. D.U. &S.E. and 20' D. U.E." on Exhibit B; WHEREAS, the Right of Way and the Easements are beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachments 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 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. [eh:nsword:zAsharedldhilll forts\ dreeslakeside67consentdoc :3/23/04] 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, 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 [eb:msword:z:\shared\dhill\ forms dreeslakeside67consentdoc :3/23/04] 3 immediately remove, all or any portion of the System as is necessary to correct such problems, at Owner's sole cost and expense. 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 Right of Way and/or the Easements 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. [eb:nsuord:z:\sharedldhill\ forms \dreeslak'eside67consent.doc:3 /23/04] 4 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. 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" DREES PREMIER HOMES, INC. CITY OF CARMEL, INNDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Re—S2&id Andy J nhaC, Drees Premier Homes, Inc. James r inard, Presiding Officer SSN: .7 f 6 7 ��i� te: Date: 3 h 6 Mary Ann ur e, Member Date: r 11 11111r Lori Wq Me. Date: Saner lift. Jo go, f _AA 4" i:t'f a Clerk for '!rna Cordray, IAMrt, Clerk- Treasurer ate: P`- -O OR` S oN E'( JI EL P °1 F P P o GNACNQ 6 032 O cM EL pFt [eb mswordm\shared\dhill\ forms dreeslakeside67consent.doc.3 /23/04] 5 STATE OF INDIANA U SS: COUNTY OF A' [(911 Before me, a Notary Public in and for said County and State, personally appeared ANDY LANHAM, 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 this64y of ID 20 CA NOTARY PUBLI My Commission Expires: I L._ 14 ei rYICifs 1 v `Q ^CCU Printed Name E C My County of Residence: p l .t P t 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 known aan,�,d m noya -ir to be the Members of the City of Carmel Board of Public Works and Safety, and D IAN�.T�:"CO k RA7 lerk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing• "C.onsent To Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 7 day of 1 20® y NOTARY PUBLIC My Commission Expires: e ANN �Iva l 1Y /02 Printed Name My County of Residence: d.ZO.eJ. This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eb:msword:z:\shared\dbill\ forms dreeslakeside67conscnt.doc:3 /23/04] 6 ,..K,z4tt P., V1 4 do 1 ci VAR. 0.J.i S .E s 1 ,..t;. 0 i -/-c7. 1 0 r-- -c.47 1 13 i 0 ~a< l7f C v C y l' \o elli 1 J wk 11C J I O r ..t4c_..R.._c....c) Nle-L Co LD 2 T EXHIBIT "B" V/ RIGHT OF WAY ENCROACHMENT r EASEMENT ENCROACHMENT LAKESIDE PARK SUBDIVISION SECTION TWO I, the undersigned Registered Land Surveyor hereby certify that the included plat correctly represents a subdivision of part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter Section, said point also being the Northwest corner of The Lakes at Hoyden Run, Section Two, recorded as Instrument No. 2003 00079062 in Plot Cabinet 3, on Slide No. 224, in the Office of the Recorder of Hamilton County, thence North 89 degrees 36 minutes 39 seconds East (assumed bearing) along the South line of the said Quorter Section and North line of said The Lakes at Hoyden Run, Section Two, 675.28 feet to the POINT OF BEGINNING of this description; thence North 00 degrees 23 minutes 21 seconds West 158.83 feet to a point on o curve concave southerly, the radius point of said curve being South 03 degrees 21 minutes 23 seconds West 365.00 feet from said point; thence easterly along said curve 34.80 feet to the point of tongency of said curve, said point being North 08 degrees 49 minutes 10 seconds East 365.00 feet from the radius point of said curve; thence North 08 degrees 21 minutes 03 seconds East 70.00 feet to a point on o curve concave southwesterly, the radius point of said curve being South 08 degrees 44 minutes 39 seconds West 435.00 feet from said point; thence southeasterly along said curve 244.39 feet to the point of tangency of said curve, said point being North 40 degrees 56 minutes 03 seconds East 435.00 feet from the radius point of said curve; thence South 49 degrees 03 minutes 58 seconds Eost 39.00 feet to a point on a curve concave northerly, the radius point of said curve being North 40 degrees 56 minutes 50 seconds East 50.00 feet from said point; thence easterly along said curve 44.49 feet to the point of tangency of said curve, said point being South 10 degrees 02 minutes 36 seconds East 50.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave southerly, the radius point of said curve being South 10 degrees 02 minutes 36 seconds East 85.00 feet from said point; thence easterly along said curve 19.18 feet to the point of tangency of said curve, said point being North 02 degrees 53 minutes 02 seconds East 85.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave northwesterly, the radius point of said curve being North 02 degrees 53 minutes 02 seconds East 50.00 feet from said point; thence northeasterly along said curve 44.49 feet to the point of tangency of said curve, said point being South 48 degrees 06 minutes 30 seconds East 50.00 feet from the radius point of said curve; thence North 41 degrees 54 minutes 25 seconds East 188.37 feet to the point of curvature of a curve concave westerly, the radius point of said curve being North 48 degrees 05 minutes 35 seconds West 265.00 feet from said point; thence northerly along said curve 214.80 feet to the point of tangency of said curve, said point being North 85 degrees 27 minutes 51 seconds East 265.00 feet from the radius point of said curve; thence North 89 degrees 50 minutes 54 seconds East 491.41 feet; thence North 58 degrees 54 minutes 31 seconds East 237.23 feet; thence North 70 degrees 36 minutes 48 seconds East 86.38 feet; thence North 11 degrees 24 minutes 44 seconds West 118.86 feet; thence North 78 degrees 35 minutes 16 seconds East 46.74 feet to the point of curvature of a curve concave southwesterly, the radius point of said curve being South 11 degrees 24 minutes 44 seconds East 20.00 feet from said point; thence southeasterly along said curve 29.46 feet to the point of tangency of said curve, said point being North 72 degrees 38 minutes 40 seconds East 20.00 feet from the radius point of said curve; thence North 72 degrees 01 minutes 36 seconds East 50.01 feet; thence South 75 degrees 27 minutes 37 seconds East 173.24 feet; thence South 19 degrees 00 minutes 26 seconds East 371.42 feet; thence South 04 degrees 21 minutes 22 seconds West 137.77 feet; thence South 40 degrees 22 minutes 34 seconds West 177.83 feet; thence South 00 degrees 23 minutes 21 seconds East 43.38 feet to a point on the South line of the soid Southeast Quorter Section; thence South 89 degrees 36 minutes 39 seconds West along soid South line 952.39 feet to the Northeast corner of said The Lakes at Hayden Run, Section Two; thence continuing South 89 degrees 36 minutes 39 seconds West along the said South line of said Quarter Section and along the North line of said The Lakes of Hoyden Run, Section Two 665.01 feet to the place of beginning, containing 15.838 acres, more or less subject to all legal highways, rights -of -ways, easements, and restrictions of record. EXHIBIT "A"