Village Green Townhomes - Drees Homesand
20 08007035 ENCROACHME $26.00
02/12/2008 03:17:56P 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
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CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
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APPROVED AS TO FORM BY
Drees Homes, 6650 Telecom Drive, Suite 200, Indianapolis, Marion County, Indiana 46278 "Owner
and the City of Carmel "City Hamilton County, Indiana.
WITNESSETH:
WHEREAS, Owner owns certain Real Estate "Real Estate which is more particularly described
in Exhibit "A attached hereto and incorporated herein by reference, said Real Estate being commonly
known as the Village Green Townhomes residential subdivision, which is located within the corporate
limits of the City; and
WHEREAS, the official plat of the Subdivision containing the Real Estate was recorded in the
Office of the Hamilton County Recorder on November 8, 2006, in Plat Cabinet 4, Slide 180 as Instrument
#200600066899 as Village Green, Section 1; and
WHEREAS, Owner wishes to construct an irrigation system (the "System and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the System, copies of which are attached hereto and incorporated herein by this reference as Exhibit "B
WHEREAS, the System will be constructed on a portion of the Real Estate that is designated as
Drainage, Utility and Sewer Easements (the "Easements identified as "7.5' D. 15' D. 20'
D.U. V.W. D. &U.E. and V.W. D.U. &S.E." on the Sketches; and
WHEREAS, 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
Easements, which Encroachments are crosshatched on the Sketches; 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 the Sketches; and
WHEREAS, the installation of the System as proposed by the Owner on the Sketches should not
materially interfere with the City's use of 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 Encroachment for only so long as:
(i) the Encroachment exists; 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 Encroachment from what are depicted on the
Sketches.
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 Easements or Right of Way, or
for any other lawful purpose, and that, should the City take such action, the City shall incur
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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, locafed--
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 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 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
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
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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 Easements shall be at Owner's cost,
expense and risk and that, if City, in its sole discretion, performs any work in the
Easements and/or the Right of Way, 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.
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.
13. 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.
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.
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"OWNER"
DREES HOMES
Date:
15. This Agreement shall be effective as of the date on which the last party hereto executes same.
nd Acquisition and Development
/2
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"CITY"
7/4
Michael T. McBr' ee
de. City Enginr_
Date:
STATE OF INDIANA
SS:
COUNTY OF is
Before me, a Notary Public in and for said County and State, personally appeared JOHN WAITS,
Land Acquisition and Development Manager of Drees Homes, 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 this ay of
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Witness my hand and Notarial Seal this /6 day of
My Commission Expires:
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L- 112Q20A4
NOTARY PUBLIC
Printed Nam
My County of Residence:
4o 6t A:;
Before me, a Notary Public in and for said County and State, personally :appeared .MICHAEL T
MC BRIDE, by me known, and by me known to be the City Engineer of th'e. ,City _of Carmel, who
acknowledged the execution of the foregoing "Consent To Encroach" on behalf of'the City of Carmel;
Indiana.
NO A RY UBLIC
G -C76
Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
signature)
s o ,,.14 1 11 1 4 r4
I affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Security Number in
this document, unl ss requir by law.
DESCRIPTION
PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 18
NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, HAMILTON COUNTY, INDIANA
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID EAST HALF QUARTER SECTION; THENCE
ALONG THE WEST LINE THEREOF SOUTH 00 DEGREES 13 MINUTES 06 SECONDS EAST
(ASSUMED. BASIS OF BEARINGS) 50.01 FEET; THENCE NORTH 88 DEGREES 33 MINUTES 34
SECONDS EAST 240.42 FEET; THENE SOUTH 01 DEGREE 02 MINUTES' 20 SECONDS EAST
317.75 FEET; THENC NORTH 88 DEGREES 57 MINUTES 40 SECONDS EAST 69.72 FEET;
THENCE SOUTH 01 DEGREE 02 MINUTES 20 SECONDS EAST 168.97 FEET; THENCE NORTH
-88 DEGREES 57 .MINUTES 40 SECONDS 147_.37 FEET TO THE -WEST UNE OF- THE
LAND OF THE CITY �OF CARMEL AS RECORDED IN INSTRUMENT NUFAB`ER 1999 9967352 IN
THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE ALONG SAID WEST
LINE NORTH 01 DEGREE 02 MINUTES 20 SECONDS WEST 538.24 FEET TO THE NORTH TUNE
OF SAID EAST HALF QUARTER SECTION; THENCE ALONG SAID NORTH UNE SOUTH dS
DEGREES 33 MINUTES 34 SECONDS WEST 456.80 FEET TO THE POINT OF BEGINNING,
CONTAINING 2.684 ACRES, MORE OR LESS.
VILLAGE GREEN TOWNHOMES
EXHIBIT "A"
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