Stafford Place - Drees HomesApprovod By
2009042336 ENCROACHME $28.00
07/13/2009 08:46:24A 9 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
43001\td Recorded as Presented
APPROVED G O CONSENT TO ENCROACH APPrIOVM 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
"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 Stafford Place
Subdivision which is located within the corporate limits of the City of Cannel, Indiana, and 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 4, Slide Number 530,
as Instrument Number 2009019235 in the Office of the Hamilton County Recorder on April 6, 2009 as
Stafford Place, Section 1; and
WHEREAS, Owner wishes to construct an entry wall, sign, lighting system and associated
appurtenances, (including but not limited to fixtures, conduit, conductors, control panels), an irrigation
system, a decorative fence, ground lighting and buried electrical conduit and conductors associated with
supplying electrical power for the lighting system, (collectively referred to hereinafter as the "Site
Improvements on the Real Estate; and
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WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Site Improvements on the Real Estate, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit B; and
WHEREAS, the Site Improvements are located within a portion of the Real Estate identified as a
Drainage, Utility and Sewer Easement (the "Easement identified as "20' DU SE" on Exhibit B and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachments
upon the Easement, 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 considered a Site Improvement as defined in this Agreement; and
WHEREAS, the installation of the Site Improvements as proposed by the Owner on Exhibit B
should not materially interfere with the City's use of the Easement.
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)
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the Encroachments exist; and
(ii) Owner complies with the teens and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
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otherwise change the Encroachments from what is identified in this Agreement.
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 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 Site Improvements in the Easement.
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 Easement and /or any improvements
located therein caused by the installation, construction, maintenance or operation of the
Site Improvements.
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 Site Improvements.
8. Owner agrees that its use of the irrigation system will not create standing water and /or
other drainage problems that affect the City or adjacent property owners and that, if such
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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 irrigation system as is necessary to
correct such problems, at Owner's sole cost and expense.
9. Owner agrees that the water flow from the irrigation system shall be directed away from all
street travel lanes and that water from the irrigation 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 certified record drawings of the installed irrigation 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 irrigation system
instruments and /or equipment.
11. Owner agrees that the right -of -way of 146`'' Street is under the jurisdiction of the Hamilton
County Highway Department, and that approval from the Hamilton County Highway
Department shall be required prior to performing any and all construction activities within
their right -of -way.
12. 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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13. The parties hereto agree that the terns of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
14. 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.
15. This Agreement shall be effective as of the date on which the last party hereto executes
same.
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"OWNER"
DREES PREMIER HOMES, INC.
lc
Date:
and Development Acquisition Manager
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AT
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"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
James Braii rd, Presiding Officer
Date:
EST:
Diana Cordra
Date:
Y L-b),in
,_\,o\f-Nr\.c 6,r\
fiKt. G
bk( (NW I rJ L-, a 32-.
AMC Clerk- Treasurer
5ze� o�
Sandra M.Johnsoi
Deputy Clerk for
STATE OF INDIANA
SS:
COUNTY OF �nair, 0
Before me, a Notary Public in and for said County and State, personally appeared JOHN WAITS,
Land Development and Acquisition Manager of DREES PREMIER HOMES, INC., by ine 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 I✓` day of 200?
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State,
Prik6kftcf*E MARY ANN BURKE and LORI WATSON, by me kno\
Members of the City of Cannel Board of Public Works and Safety, and
Treasurer of TI -IF CITY OF CARMEL, who acknowledged the execution
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this Gv day of
My Commission Expires:
con ..-rd to c ITnni place c e Aoc.J 2 I 04]
NOTARY PUBLIC
Printed Narne
G� ti
My County of Residence: Once` A''
NOTARY PUBLIC
c O,,,
Printed Name
My County of Residence:
f1
personally appeared S
and b� =know tob Clerk
of the fore2.oi�n'g t Cgnsent To
1
,11 l i�,tt
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney,
Esquire, City Attorney, One Civic Square, Canne ndiana 4. 32.
LEGAL DESCRIPTION
Part of the East Half of the West Half of the Northeast Quarter
of Section 20, Township 18 North, Range 4 East of the Second
Principal Meridian in Clay Township, Hamilton County,
Indiana
All of the Common Area of the Stafford Place Subdivision
identified as Common Area A on the plat of Section One of the
Stafford Place Subdivision, as recorded in the Office of the
Hamilton County Recorder in Plat Cabinet 4, Slide Number
530 as Instrument Number 2009019235 on April 6, 2009
EXHIBIT "A"
NW COR.; NE Y4
SEC. 20 —T18N —R4E
NORTH LINE NE Ya
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201.80'
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162.09'
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15,213 S.F.
143.53'
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14,216 S.F.
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ZONING:
ZONING R1/ RESIDENCE —R0S0 SETBACKS
FRONT 35 FEET
SIDE 0 FEET, 6 FEET MINIMUM BETWEEN BUILDINGS
THE REQUIRED SIDE AND REAR YARDS ARE INCREASED
AN ADDITIONAL FOOT FOR EACH FOOT SUCH STRUCTURE
EXCEEDS 25 FEET IN HEIGHT.
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