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HomeMy WebLinkAboutWoodland Way at 146th - Woodfield HOA 20030012 Filed for Record in IANA HAMILTDN COUNTY IND JENNIFER J HAYDEN 1 c3- 2[)t)3 At 11:20 am. ENCROACHMNT 00 CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between The Woodfield Homeowners' Association, Inc., 5133 Woodfield Drive Carmel, Hamilton County, Indiana 46033 "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 in the Woodfield Subdivision 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 the Office of the Hamilton County Recorder on April 6, 1992 as Instrument No. 9212166, in Plat Cabinet No. 1, Slide No. 222 as Woodfield, Section 7B; and WHEREAS, Owner wishes to reconnect water and electric service lines (the "Service Lines reinstall/reconnect a decorative pole lamp (the "Lamp reconnect low voltage entrance lighting (the "Lighting refurbish and revise the landscaping (the "Landscaping and to install stamped concrete (the "Concrete in the Right of Way of Woodland Way at the 146 Street entrance median to the subdivision and to install stamped concrete (the "Concrete between the curb and sidewalk at either side of the entrance (individually and collectively referred to hereinafter as the "Site Improvements and [cb:rnsword:z:\sharcd/dh ill forms \woodfieldconsent.doc: 10 /22/03] 1 WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Site Improvements in the Right of Way, copies of which are attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvements will be constructed on a portion of the Real Estate designated as dedicated public right of way (the "Right of Way identified as "Woodfield Way" on Exhibit B; and WHEREAS, the Right of Way is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the "Encroachment upon the Right of Way, which Encroachment is crosshatched on the Sketch; 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 Right of Way. 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 the terms and provisions of this Agreement. [ebarsx ord. \shared\dbill forms woodfieldwnsent.doc. 10 /22/031 2 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Site Improvements and /or the Encroachment from what is depicted on Exhibit B. 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 any or all of the Right of Way, 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 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 agents in the Right of Way. 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 any improvements located therein caused by the installation, construction, maintenance or operation of the Site Improvements. 7. 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 [eb:rtsword:z\ shared 'dhill forms \woodfieldconsem doc: 10/22/03] 3 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 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. 9. 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. 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" WOODFIE D- IMEOWNERS' CITY OF CARMEL, INDIANA ASS�CIATI INC. BY AND THROUGH ITS BOARD OF By:'Robe Christia n, u orized epresentative PUBLI WORKS AND SAFETY Robert L. Christianson Q amen Brainard, Presiding Officer SSN: 3 L o Date: ?'J..3 Date: /a Z-7 ©,j 1)i Mary An Burke Member Date: 1 RETURN ORIGINAL TO: Lori Watson, Member; SANDRA JOHNSON Date: 1 /1 1 O CITY OF CARMEL S a M. Johnso 9 ONE CIVIC SQUARE ATTEST: clerk for CARMEL IN 46032 Ll,(Aaje Diana Cordray, A� Clerk- Treasurer Date: e i I eb: mword: z:\ sharcd \dhill \forns \woodficldconsrntdoca 0 /22/03] 4 STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared ROBERT L. CHRISTIANSON of the Woodfield Homeowners' Association, Inc., by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed. Witness my hand and Notarial Seal this 7 day of (0,r�., 2(03. NO1 'YPG:LTC My Commission Expires: 97,1, h r 6 oZ -o Printed Name My County of Residence: d&—ev y. 3t L STATE OF INDIANA �a A SS: �•y. 1; z':: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appe BRAINARD, MARY ANN BURKE and LORI WATSON, by me known a a y me kno ,tb Members of the City of Carmel Board of Public Works and Safety, and DL A L C .C;l i Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this d of VY1 0 2003. e. ‘c 3 NOTARY PUBLIC My Commission Expires: arli L 4 �s 0 09 8 Printed Name My County of Residence:- K( r This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. [eb:rtrcwordzAsharedldhill\ forms woodfieldconsentdoc: 10 /22/03] 5 I, the undersigned, a registered Land Surveyor in the State of Indiana, hereby certify that the within plat represents a survey and subdivision of part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East in Cloy Township, Hamilton County, Indiana, described as follows: Beginning on the North line of the Northwest Quarter of Section 21, Township 18 North, Range 4 East 841.00 feet North 89 degrees 27 minutes 13 seconds West (assumed bearing) from the Northeast corner of said Northwest Quarter; thence South 00 degrees 19 minutes 15 seconds West 215.00 feet to the point of curvature of a curve to the left having a radius of 175.00 feet; thence Southeasterly, curving to the left on said curve, an arc distance of 84.43 feet to the point of tangency of said curve; thence South 27 degrees 19 minutes 15 seconds East 60.96 feet to the Northwest corner of WOODFIELD, SECTION 7A, a subdivision in Hamilton County, Indiana, the Secondary Plat of which is recorded on Slide Number 144 in Plat Cabinet 1 as Instrument Number 9030997 in the Office of the Recorder of Hamilton County, Indiana; thence South 31 degrees 37 minutes 45 seconds West on the Westerly boundary line of said subdivision 68.34 feet to an angle point in said Westerly line; thence South 00 degrees 19 minutes 15 seconds West on said Westerly line 409.99 feet to an angle point in said boundary line; thence South 89 degrees 40 minutes 45 seconds East on the boundary line of said subdivision 22.75 feet to an angle point in said Westerly line; thence South 00 degrees 19 minutes 15 seconds West on said Westerly line 165.59 feet to an angle point in said boundary line on the Northerly line of Lot #157 in said subdivision; thence South 76 degrees 59 minutes 35 seconds West on said Northerly line 36.48 feet to the Northwesterly corner of said Lot #157; thence .North 89 degrees 27 minutes 13 seconds West parallel with the North line of said Northwest Quarter 324.50 feet; thence North 00 degrees 19 minutes 15 seconds East 222.72 feel; thence South 89 degrees 40 minutes 45 seconds East 7.25 feet; thence North 00 degrees 19 minutes 15 seconds East 120.00 feet; thence North 53 degrees 31 minutes 59 seconds West 64.26 feet; thence North 00 degrees 16 minutes 41 seconds East 322.12 feet; thence North 89 degrees 27 minutes 13 seconds West 150.09 feet; thence North 00 degrees 32 minutes 49 seconds East 290.00 feet to the North line of said Northwest Quarter; thence South 89 degrees 27 minutes 13 seconds East on said North line 518.33 feet to the place of beginning, containing 9.369 acres, more or less. Subject to all legal easements and rights —of —way. This subdivision consists of 16 lots, numbered 160 through 170 and 183 through 187, and streets as shown hereon. The 1n1 size of the lots and the width of the street rights —of —way is shown in figures denoting feet and decimal parts H. W thereof. P 4 Witness my signature this2Zeday of 19.1/. N0. SI T' i This Instrument prepared by Allan H. Weihe -1j Q TATE OF ND IANP.•' v SU Ey Allan H. Weihe, Reg. L.S. Indiana #10398 Ri IEXHIBIT "A Q'� CH ASIES WS 1d1�®FS cry z�I(J�/0.1? -214 }t114RaD W �I v04�. To VsztP" .ryfL /i N. «IIPIAS f ...7.....----- a D 1 T� Ste. 1?,�.tP- -4"- i'.� ,P', ��0. r f® Fdu click ld J i t< VEMerRiG eV/ CE /sum S! .4' rte ANNA -i f 1 j dr i I iti 1 ....:4 4 Q;',%.' `,,,e' I' "1,:'`...- •N‘''' 1., -sr ma q .1 reptc L.R 71.4,:a. i. /fit ,l ''"l .9 ..,/•••••..„,:rv,...„,. SzS* v R c rAst J,-;:_.--: ._-3- :41 i, ...t 7. -2 ,4,...._ pow, "7 EXHIBIT «B" 2 V ENCROACHMENT