HomeMy WebLinkAboutCherry Creek Estates - Platinum Properties t CO
Oe APPROVED AS TO FORA BY
c004OOOO64R2
Filed for Record in
HAMILTON COUNTY INDIANA
CONSENT TO ENCROACH JENNIFER J HAYDEN
01 -29 -2004 At 03 :12 pm.
ENCROACHMNT 24.00
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Platinum Properties, LLC, 9551 Delegates Row, Indianapolis, Marion County, Indiana 46240 "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 certain real estate "Real Estate which is more
particularly described in Exhibit A attached hereto and incorporated herein by reference "Real Estate
commonly known as the Cherry Creek Estates residential subdivision, which is located within the
corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official plats of the Subdivisions were recorded in the Office of the Hamilton
County Recorder on August 25, 2003, in Plat Cabinet 3, Slides 238/239 as Instrument No. 200300086081
and 200300086082, and as Cherry Creek Estates, Section 1A and 1B; 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 Real Estate, 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 Real Estate designated as Public
Right of Way (the Right of Way), identified as Hazel Dell Parkway and Cherry Creek Boulevard on
Exhibit B, and as Non Access Easements, Landscape Drainage Easements, Variable Drainage Utility
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Easements, Landscape Maintenance Access Easements and Pedestrian Ingress and Egress Easement
(collectively, the "Easements identified, respectively as "5' N.A.E., 25' Landscape and Drainage
Easement, Var. D. &U.E., L.M.A.E. and P.I.E.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 or 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.
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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 Site Improvements 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
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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.
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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"
PLATINUM PROPERTIES, LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
p av ir i g „4:i
Paul F. Rioux, Presid ntmes Brainard, Presiding f er
SSN: 3 3 6 O 3 Date:
Date: (2- (8-03 ,I
Mary Ann Burke, Member
Date:
Lori Watson, Mernize.
Date: 11 /rig
I
ATTEST:
If O`
D iana Cordra rier Treasufer,... ^T
RETURN ORIGINAL TO:
Date:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE r
E
CARMEL IN 46032
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STATE OF INDIANA
ikIZI° SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared PAUL F.
RIOUX, President of PLATINUM PROPERTIES, LLC, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed.
.,cs _•.��_r .Ltt day of DF-cein 2003
OFFICIAL SEAL 1 Al
4 aj\ TIMOTHY J. WALTER
�.L.
Notary Public, State of in di�:
Resident of Hamilton County NOTARY PUBS
Y mtsslon Expires Nov. 11 2007 y :t
,►�T>�
J Printed Name
My County of Residence: -7
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, nod by me l.nown to
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of t`n 2Q)
e Ce/NiK> /9 L(.t(�d� C�
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence: X /ni
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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CHERRY CREEK ESTATES, SECTIONS 1A AND 1B
SECTION 1A
1, the undersigned Registered Land Surveyor hereby certify that the included plat correctly represents a subdivision of part
of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 Ecst, in Hamilton County,
Indiana. more particularly described as follows
Commencing at the Northeast corner of the Northwest Quarter of said Section 22; thence South 00 degrees 03 minutes
45 seconds East along the West line of the Southwest Ouorter of said Section also known at the centerline of Hazel Dell
Parkway. 2644.18 feet to the Northwest corner of the Southwest Quarter of said Section; tnence South 89 degrees 57
minutes 02 seconds East along the North line of said Quarter Section 72.78 feet to the POINT OF BEGINNING of this
descnphon, thence continuing along the North line, South 89 degrees 57 minutes 31 seconds East 1,672.79 feet, thence
South 00 degrees 02 minutes 29 seconds West 100.00 feel; thence North 89 degrees 57 minutes 31 seconds West
510.00 feet to the point of curvature of a curve conccve southeasterly, the radius point of said curve being South 00
degrees 02 minutes 29 seconds Vlest 20 00 feet from said point, thence southwesterly along said curve 31.42 feet to
the point of tangency of sold curve. said point being North 89 degrees 57 minutes 31 seconds West 20 00 feet from the
radius point of said curve, thence North 89 degrees 57 minutes 31 seconds West 50.00 feet to c point on o curve
concave southwesterly. the radius point of said curve being North 89 degrees 57 minutes 31 seconds West 20.00 feet
from said point; tnence northwesterly along said curve 31.42 feet to the point of tangency of scid curve. said paint
being North 00 degrees 02 minutes 29 seconds East 20.00 feet from the radius point of scid curve. tnence North 89
degrees 57 minutes 31 seconds West 241.38 feet to the point of curvature of a curve concave southerly. the radius
point of sold curve being South 00 degrees 02 minutes 29 seconds West 160.00 feet from said point: thence westerly
clung sold curve 90.19 feet to the point of tangency of said curve, said point being North 32 degrees 15 minutes 17
seconds West 160.00 feet from the radius point of said curve, thence South 57 degrees 44 minutes 43 seconds West
239 79 feel to the point of curvature of a curve concave northwesterly, the radius point of said curve being North 32
degrees 15 minutes 17 seconds West 240.00 feet from said point, thence southwesterly along said curve 56.33 feet to
the point of tangency of sold curve, said point being South 18 degrees 47 minutes 44 seconds Eost 240.00 feet from
the radius point of soid curve. said point also being the point' of curvature of a curve concave southeasterly, the radius
posit of said curve being South 18 degrees 47 minutes 44 seconds East 20.00 feet from said point; thence
southwesterly along sold curve 24.84 feet to the point of tangency of scid curve, said point being North 89 degrees 57
minutes 31 seconds West 20.00 feet from the radius point of sold curve; thence South 00 degrees 02 minutes 29
seconds West 13.93 feet. thence North 89 degrees 57 minutes 31 seconds West 50.00 feet to a point on o curve
concave southwesterly, the radius paint of sold curve being North 89 degrees 57 minutes 31 seconds West 20.00 feet
from sold point, thence northwesterly along said curve 31.42 feet to the point of tangency of sold curve, sold point
being North 00 degrees 02 minutes 29 seconds East 20.00 feel from the radius point of sold curve; thence North 89
degrees 57 minutes 31 seconds West 390.89 feet. thence South 45 degrees 44 minutes 25 seconds West 35 96 feet;
thence North 01 degrees 26 minutes 22 seconds East 315.21 feel to the place of beginning. Containing 6.691 acres,
more U less, subject to ell legal highways, rights -of -ways, easements, and restrictions of record.
This subdivision consists of 4 tots numbered 1 -4 (all inclusive) and 1 Common Arco labeled C. A. #1. The size of lots
old width of streets ore shown in feet and decimal ports thereof.
SECTION 113
I, the undersigned Registered Land Surveyor hereby certify thot the included plat correctly represents a subdivision of port of the
Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly
described as follows:
Conrnencing at the Northeast corner of the Northwest Quarter of said Section 22; thence South 00 degrees 03 minutes 45 seconds
Eost along the West line of the Southwest Quarter of said Section along know as the centerline of Hazel Dell Parkway, 2,644.18 feet
to the Northwest corner of the Southwest Quarter of said Section; thence ,South 89 degrees 57 minutes 02 seconds East along the
North line of said Quarter Section 72.78 feet; thence South 07 degrees 26 minutes 22 seconds East 315.20 feet to the POINT OF
BEGINNING of this description, thence North 45 degrees 44 minutes 25 seconds East 35.96 feet; thence South 89 degrees 57
minutes 31 seconds East 390 89 feet to the point of curvature of a curve concave southwesterly, the radius point of said curve
being South 00 degrees 02 minutes 29 seconds Vest 20.00 feet from said point; thence southeasterly along said curve 31.42 feel
to the Point of tangency of said curve. said point being South 89 degrees 57 minutes 31 seconds Eost 20.00 feet from the radius
point of surd curve; thence South 89 degrees 57 minutes 31 seconds Eost 50.00 feet; thence North 00 degrees 02 minutes 29
seconds East 13.93 feet to thee. point of curvature of a .curve concave southeasterly, the radius point of said curve being South 89
degrees 57 minutes 31 seconds East 20.00 feet from said point; thence northeasterly olong said curve 24.84 feet to the point of
tangency of said curve, said point being North 18 degrees 47 minutes 44 seconds West 20.00 feet from the radius point of said
curve, said point also being the point of curvoture of a curve concave northwesterly, the radius point of said curve being North 18
degrees 47 minutes 4.1 seconds West 240.00 feet from said point; thence northeasterly along said curve 56.38 feet to the point of
tangency of said curve, said point being South 32 degrees 15 minutes 17 seconds East 240.00 feet from the radius point of said
curve; thence North 57 degrees 44 minutes 43 seconds East 239.79 feet to the point of curvature of a curve concave southerly,
the radius point of said curve being South 32 degrees 15 minutes 17 seconds East 160.00 feet from said point; thence easterly
along said curve 90.19 (eel to the point of tangency of said curve, said point being North 00 degrees 02 minutes 29 seconds East.
160.00 feel from the radius point of said curve; thence South 89 degrees 57 minutes 31 seconds East 241.38 feet to the point of
curvature of a curve concave southwesterly, the radius point of said curve being South 00 degrees 02 minutes 29 seconds West
20 00 feet from said point; thence southeasterly along said curve 31.42 feet to the point of tangency of said curve, said point
being South 89 degrees 57 minutes 31 seconds East 20.00 feet from the radius point of said curve; thence South 89 degrees 57
minutes 31 seconds East 50.00 feel to a point on a curve concave southeasterly, the radius point of said curve being South 89
degrees 57 minutes 31 seconds East 20.00 feet from soid point; thence northeasterly along said curve 31.42 feet to the point of
tangency of said curve. said point being North 00 degrees 02 minutes 29 seconds East 20.00 feet from the radius point of said
curve; thence South 89 degrees 57 minutes 31 seconds Eost 842.53 feel; thence South 06 degrees 24 minutes 19 seconds East
20.13 feet; thence North 89 degrees 57 minutes 31 seconds West 480.70 feet; thence South 31 degrees 02 minutes 39 seconds
West 25.00 feet to o point on a curve concave southerly, the radius point of said curve being South 31 degrees 02 minutes 39
seconds West 80.00 feet from said point; thence westerly along said curve 43.29 feet to a point onyyyyy said curve, said point
being North 00 degrees 02 minutes 29 seconds East 80.00 feet from the radius point of said curve; thence North 89 degrees 57
minutes 31 seconds West 10.00 feet to the point of curvature of o curve concave southerly. the radius point of sold curve being
South 00 degrees 02 minutes 29 seconds West 80.00 feet from said point; thence westerly along said curve 43.29 feet to the point
of tangency of said curve, said point being North 30 degrees 57 minutes 41 seconds West 80.00 feet from the radius point of said
curve; thence North 30 degrees 57 minutes 41 seconds West 25.00 feel; thence North 89 degrees 57 minutes 31 seconds West
145.92 feel; thence South 00 degrees 02 minutes 29 seconds West 231.31 feet; thence South 11 degrees 26 minutes 53 seconds
East 54 21 feel; thence South 25 degrees 55 minutes 48 seconds East 287.24 feet; thence South 15 degrees 48 minutes 52
seconds West 61.03 feet; thence South 89 degrees 57 minutes 31 seconds East 290.00 feet; thence South 22 degrees 09 minutes
55 seconds East 79.10 feet; thence South 16 degrees 10 minutes 06 seconds East 50.00 feet to a point on a curve concave
northwesterly, the radius point of said curve being North 16 degrees 10 minutes 06 seconds West 175.00 feet from said point;
thence northeasterly along said curve 190.62 feet to the point of tangency of said curve, said point being South 78 degrees 34
inn rules 38 seconds Last 175.00 feet from the radius point of said curve; thence South 43 degrees 25 minutes 15 seconds East
306.35 feel, thence South 01 degrees 49 minutes 34 seconds Eost 116.74 feet; thence South 88 degrees 35 minutes 45 seconds
West 721 28 feet, thence North 85 degrees 12 minutes 37 seconds West 44.05 feel; thence South 00 degrees 02 minutes 29
seconds West 47.25 feel; thence South 89 degrees 58 minutes 42 seconds West 360.00 feet; thence South 00 degrees 02 minutes
29 seconds West 180.00 feel; thence South 89 degrees 58 minutes 42 seconds West 34.03 feet; thence South 00 degrees 01
minutes 18 seconds East 140 00 feet; thence South 89 degrees 58 minutes 42 seconds West 204.58 feet; thence South 00 degrees
01 minutes 18 seconds East 140.00 feel; thence North 89 degrees 58 minutes 42 seconds East 46.08 feet; thence South 00
degrees 01 minutes 18 seconds East 195.00 feet; thence South 89 degrees 58 minutes 42 seconds West 446.91 feet; thence North
00 degrees 06 minutes 16 seconds West 37.83 feet; thence North 89 degrees 57 minutes 34 seconds West 300.35 feet; thence
north 03 Degrees 32 minutes 17 seconds East 372.43 feel; thence North 00 degrees 27 minutes 40 seconds East 300.00 feet;
thence North 02 degrees 24 minutes 06 seconds West 600.89 feet, thence North 01 degrees 26 minutes 22 seconds Eost 141.10
feet to the place of beginning Containing 44.711 acres, more ar less. subject to all legal highways, rights -of -ways, eosements. and
restrictions of record
this subdivision consists of 77 lots numbered 5 -73, 100, 102, 121 -123 and 134 -135 (all inclusive) and 2 Common Areas labeled
C. A, y2, C.A. y3, C.A. b4. C.A. //5, C.A. 116 and C. A. j#7 (all inclusive). The size of lots and width of streets are shown in feet
and decimal parts thereof.
EXHIBIT "A"
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