The Enclave - Kirkpatrick MgmtAPPROVED 6gD
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
The Enclave of Cannel Homeowners Association, Inc., C/O Kirkpatrick Management Company, 5702
Kirkpatrick Way, Indianapolis, Marion County Indiana 46220 "Owner"), and the City of Carmel,
Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City
WITNESSETH:
WHEREAS, the official plat of the Enclave of Cannel, a subdivision in Carmel, Hamilton County
Indiana, (the "Subdivision was recorded as Instrument Number 9125567 in the office of the Hamilton
County Recorder; and
WHEREAS, Owner owns in fee simple certain real estate ("Real Estate in the Subdivision,
which Real Estate is more particularly described in Exhibit A, attached hereto and incorporated herein by
this reference; and
WHEREAS, the Enclave Development Company transferred in fee simple Lot 49 of the
Subdivision to the City on July 2, 2008, the deed of which was recorded in the office of the Hamilton
County Recorder on July 18, 2008 as Instrument Number 2008037328, which is more particularly
described in Exhibit B (hereinafter referred to as Parcel 61 of the City of Carmel Project 07 -08); and
[Eb mswotd:y s11 a red \Ipicket to encroachenclave boa cle lieviscdl.doc 1 (/23/09]
CONSENT TO ENCROACH
1
2010003728 ENCROACHME $56.00
01/25/2010 04:14:05P 23 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APP 1OV O AS TO FORM BY
WHEREAS, the Owner transferred in fee simple a portion of the Real Estate to the City on May 5,
2008, the deed of which was recorded in the office of the Hamilton County Recorder on July 9, 2008 as
Instrument Number 2008035673, which is more particularly described in Exhibit C (hereinafter referred to
as the Parcel #61A of the City of Carmel Project 07 -08); and
WHEREAS, Parcel #61 and #61A of the city of Carmel Project 07 -08 are considered public rights
of way, and the plat of the Subdivision reserved and designated certain areas as public right of way, a
portion of these areas being identified as "Enclave Circle" on Exhibit B and Exhibit C (collectively, the
"Right of Way and
WHEREAS, Owner wishes to construct a decorative wooden or iron fence, (referred to hereinafter
as the "Site Improvement within the Right of Way; and
WHEREAS, Owner has given the City a sketch ("Sketch depicting the location of the Site
Improvement within the Right of Way, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit D; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment")
upon the Right of Way, which Encroachment is highlighted 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 considered a Site Improvement as defined in this Agreement; and
WHEREAS, the installation of the Site Improvement as proposed by the Owner on Exhibit D
should not materially interfere with the City's use of the Right of Way.
[Eb mswoi :v3sha,edllpickettl consent s to encroach\ enclave hoa cte (reviscd).doc• 11/23/09]
2
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 Encroachment from what is identified in this Agreement.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
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 Improvement 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
f Eh: mswoid :y:\shareddpicketOconsents to encroach hoa cte (tevisedl.doc:l 1/23109]
3
Owner, its employees, officers, officials, invitees, licensees and /or agents, regarding or
related to the Site Improvement 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 Improvement.
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 hnprovement.
8. Owner agrees that the placement of the Site Improvement in the Right of Way 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, including, but not limited to, the maintenance of grassy
areas /landscaping or the snow plowing of streets or sidewalks, that causes damage to the
Site Improvement, 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 Site Improvement.
9. 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.
10. 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.
]El: msword:v \shared,Ipickettconsents to encroach enclave hoe cte (tevisedl.doc: 11 /23/119]
4
12.
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.
This Agreement shall be effective as of the date on which the last party hereto executes
same.
"OWNER"
THE ENCLAVE OF CARMEL HOMEOWNERS
ASSOCIATION, INC.
Connie Sanders, HOA President
Date: 2 q Dq
[Eb msword .y.\shared\Ipicketl\consents to enct oacb \enclave boa ate (sanders).doc 12/22/09]
ATT •.T:
Date:
'I affirm, under the pencifes for perjury, that l have
taken reaso ie c c e ro redact each Social Security
number in ,ocument, unJss s quired by law.'
Name
5
"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Mary
Date:
Lori
Date:
iana Cordray, IA
Meynbe
I (10
1
James Brainard, Presiding Officer
Date:
Burke, Member
Clerk
ea urer 'S �b
rea 44V
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared CONNIE
SANDERS, President of THE ENCLAVE OF CARMEL 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 oC l day of 0,0 2009
My Commission Expires:
if2e.fith_43 9t9 i4
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
4 7
[Et): tnsword:y.\shai echlpickettoconsents to enct oach`enclaN e [oa cte (sanders) doc. 1222/09]
6
NOTARY PUBLIC
do 1 .84ss
Printed Name
My County of Residence: /OR/ 1t)
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 and b me known to die the
Members of the City of Carmel Board of Public Works and Safety, and Y L erk-
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 f p day of d�111,t
e.
NOTARY PUBLIC
L',•Qnn N45
20J
Printed Name
My County of Residence: Lit;
1 affirm, under the penalties for perjury, that 1 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, Cannel, Indiana 46032.
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 30, Township 18
North, Range 4 East, in Clay Township, Hamilton County,
Indiana
All of the areas identified as "Common Area" of the Enclave of
Carmel, a subdivision in Carmel, Hamilton County, Indiana,
the plat of which is recorded as Instrument Number 9125567 in
the office of the Hamilton County Recorder.
EXHIBIT "A"
DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
«day of `I'i y ,20(S
ht,772,14, Auditor of Hamilton County
Parcel gi t
THIS INDENTURE WITNESSETH, That the Enclave Development Company, Inc.
"Grantor conveys and warrants to the City of Carmel, Indiana ("Grantee"), for the sum of
Forty-Two Thousand Dollars ($42,000.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following described real estate in Hamilton
County, State of Indiana:
See Exhibit A and Exhibit B, which are attached hereto and incorporated herein
It is understood between the parties hereto, and their successors in title, and made a
covenant herein which shall run with the land, that all real estate herein described (excepting any
parcels or portions thereof that are specifically and expressly designated as easements or
temporary rights of way) are conveyed in fee simple and not merely for right of way purposes,
and that no reversionary rights whatsoever are intended to remain in the Grantor.
IN WITNESS REOF, Grantor has caused this Warranty Deed to be executed this
2 Jix day of 2008.
Its:
Subject to any and all easements, agreements, restrictions and other matters of record.
GRANTOR:
THE ENCLAVE DEVELOPMENT COMPANY, INC.
Printed: C /4,4,T
WARRANTY DEED
2008037328 WARR DEED $28.00
07/18/2008 12:11:37P 7 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
Project: 07 -08 (Keystone Parkway)
Parcel 61
0
EXHIBIT ''8" X07
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared j aka C;. 1 of the Enclave Development Company, Inc., who acknowledged the
execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who, having
been duly sworn, stated that the representations therein contained are true.
Send tax bills to: One Civic Square, Carmel, Indiana 46032
1159250
WITNESS my hand and Notarial Seal this day of 2008.
EXHIBIT 1
My Commission Expires: cl y ,,,..p a Cl (a
ot 3 11 t l I
�d 4
County, o \s2 0 0 Notary Signature
o �J°0
N��yyOTARY SEE
p08 1!11 11
This instrument was prepared by Alan S Townsend, Bose McKinney Evans LLP, 2700 First
Indiana Plaza, 135 North Pennsylvania Street, Indianapolis, Indiana 46204.
Notary Printed Name
After recording, return deed to: Alan S. Townsend, Bose McKinney Evans LLP, 2700 First
Indiana Plaza, 135 North Pennsylvania Street, Indianapolis, Indiana 46204
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. Alan S. Townsend
2/7
EXHIBIT A
EXWitb1T B
Project: 07 -08
Parcel 61
Sheet I of I
Fee Simple
Lot 49 in the Secondary Plat of The Enclave of Carmel. a Subdivision in Carmel, Hamilton
County, Indiana, the plat of which subdivision is recorded as Instrument Number 9125567 in
the Office of the Recorder of Hamilton County.
This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 27 day of February, 2008.
tut outu Hullinn
G y L. M
I No. NIA,
120500009: STATE OF 1, s
l s' u R v,�;.�
EXHIBIT B
EXH18/T "8
5/7
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
e'
Enclave C\
COMMON AREA B'� R/W
0
O
u0
07 -08
Keystone Parkway
Hamilton
30
18 NORTH
4 EAST
RIGHT -OF -WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERICAN
EXISTING R/W
STRUCTUREPOINT
INC.
Line "S -7 -E"
The Enclave Development Company Inc.
61
27.57' 84.18'
126th Street
C r2:2= HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
DRAWN BY: JEM
CHECKED BY: TLM
SHEET 1 OF 2
0 50' 100'
SCALE: 1".100'
555 +00
550 +00
INSTRUMENT NUMBER 9121838, DATED JULY 24, 1991
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
P.XH
Point
North
East
Station
Offset
C
49
53
54
See Location Control Route Survey Plat
57
67
376
26185.0880
13716.1178
+PL(46 +92.51)
R /W(48.51')Lt.
5 -7 -E
377
26243.9793
13781.3997
+PL(47 +57.64)
R/W(107.57')Lt.
S -7 -E
378
26277.1324
13918.3832
+PL(550 +01.58)
R/W(105.80') Lt.
E
RIGHT -OF -WAY PARCEL PLAT
Prepared For IThe City of Carmel
by: AMERICA
STRUCTUREPOINT
INC
POINT REFERENCE CHART (Feet)
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control
Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of
Hamilton County, Indiana, incorporated and made a part hereof by reference,
comprise a Route Survey executed in accordance with Indiana Administrative Code
865 IAC 1 -12 "Rule 12
Tracy L. McGill Date
Reg. Land Surveyor No. LS20500009
State of Indiana
C
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
OWNER: The Enclave Development Company Inc.
PARCEL: 61
PROJECT: 07 -08
ROAD: Keystone Parkway
COUNTY: Hamilton
SECTION: 30
TOWNSHIP: 18 NORTH
RANGE: 4 EAST
DRAWN BY: JEM
CHECKED BY: TLM
AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
EXHIBIT ''/3
2.27.2008
SHEET 2 OF 2
tptt lriitniilrrr� uryf/n' 4i
a k%
`,1 No.
2 04.qc
500009;
STATE OF i k"
7/
GRANTOR:
Printed:
Its: 77
DULY ENTERED FOR TAXATION
Subject t0 f Inal acceptance for transfer
day of. 20
Auditor of Hamilton County
Parcel
the.aE L. Aloie.drw -.J
WARRANTY DEED
a
2008035673 WARR DEED $28.00
07/09/2008 11:26:05A 7 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
Project: 07 -08 (Keystone Parkway)
Parcel 61A
THIS INDENTURE WITNESSETH, That the Enclave of Carmel Homeowners
Association, Inc. "Grantor conveys and warrants to the City of Carmel, Indiana "Grantee
for the sum of Nine Thousand Two Hundred Forty -Seven Dollars and Sixty Cents ($9,247.60)
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the following described real estate in Hamilton County, State of Indiana:
See Exhibit A and Exhibit B, which are attached hereto and incorporated herein
Subject to any and all easements, agreements, restrictions and other matters of record.
It is understood between the parties hereto, and their successors in title, and made a
covenant herein which shall run with the land, that all real estate herein described (excepting any
parcels or portions thereof that are specifically and expressly designated as easements or
temporary rights of way) are conveyed in fee simple and not merely for right of way purposes,
and that no reversionary rights whatsoever are intended to remain in the Grantor.
L IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this
5 i%) day of Yt LLA 2008.
THE ENCLAVE HOMEOWNERS ASSOCIATION, INC.
"7
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared dielti E L. t4j f the Enclave of Carmel Homeowners Association, Inc., who
acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor,
and who, having been duly sworn, stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal this day of
My Commission Expires: 7/ i o
County of Residence: doh' E ffn1
This instrument was prepared by Alan S. Townsend, Bose McKinney Evans LLP, 2700 First
Indiana Plaza, 135 North Pennsylvania Street, Indianapolis, Indiana 46204.
Send tax bills to: One Civic Square, Carmel, Indiana 46032
After recording, return deed to: Alan S. Townsend, Bose McKinney Evans LLP, 2700 First
Indiana Plaza, 135 North Pennsylvania Street, Indianapolis, Indiana 46204
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. Alan S. Townsend
1132116
EX /ibFr C
Notary Signature
2008.
cif* Xi AJE e 6 LE
Notary Printed Name
7-/-7
EXHIBIT A
Project: 07 -08
Parcel 61A
Sheet 1 of 1
Fee Simple
Common Area "B" in the Secondary Plat of The Enclave of Carmel, a Subdivision in Carmel,
Hamilton County, Indiana, the plat of which subdivision is recorded as Instrument Number
9125567 in the Office of the Recorder of Hamilton County.
This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 29 day of February, 2008.
STC f��5 C
d No. 0
20500
STATE OF
i q rW�r�iun ti+v 0
E i -1/6 /T m n 4/7
EXHIBIT B
X/1 /P /r 1 G if
LOT 14
O
O
In
RIGHT -OF -WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERICAN
STRUCTUREPOINT
INC
Line "S -7 -E"
126th Street
EXH1BiT''G, n
SHEET 1 OF 2
0 50'
100'
SCALE: 1" =100'
L= 11.93'
LOT 13
COMMON
AR
LOT 41
LOT 42
LOT 43
LOT 44
LOT 45
COMMON AREA "8" Enclave CC LOT 49
L= 43.04' L'
W
%I�. 27.57'
115.86'
L =60.98
555 +00
550 +00
0
O
0
C�
Or AM'
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
61A
07 -08
Keystone Parkway
Hamilton
30
18 NORTH
4 EAST
DRAWN BY: JEM
CHECKED BY: TLM
IN511tUMENT NUMBER 9121838, DATED JULY 24, 1991
THIS PLAT WAS PREPARED FROM PUBUC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
Point
North
East
Station
Offset
53
See Location Control Route Survey Plat
54
371
26177.1997'
13475.4350
+PL(44 +51.85)
R /W(40')Lt.
S -7 -E
372
26178.6050
13475.4387
+PL(44 +51.85)
R/W(41.40
5-7 -E
373
26186.0836
13483.1080
+PL(44 +59.50)
R/W(49.90')Lt.
S -7 -E
374
26182.4115
13645.6532
+PL(46 +22.06)
R/W(45.65')Lt.
S -7 -E
375
26186.7121
13688,3612
+PL(46 +64.75)
R/W(50.06')Lt.
S -7 -E
376
26185.0880
13716.1178
+PL(46 +92.51)
R/W(48.51')Lt.
S -7 -E
377
26243.9793
13781.3997
+PL(47 +57.64)
R/W(107.57
S -7 -E
RIGHT -OF -WAY PARCEL PLAT
Prepared For IThe City of Carmel
by: AMERICAN
STRUCTUREPOINT
INC.
POINT REFERENCE CHART (Feet)
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control
Route Survey" recorded as Inst. No. 200200088040 in the Officer of the Recorder of
Hamilton County, Indiana, incorporated and made a part hereof by reference,
comprise a Route Survey executed in accordance with Indiana Administrative Code
865 IAC 1 -12 "Rule 12
2
219.2008
Tracy L. McGiII Date
Reg. Land Surveyor No. LS20500009
State of Indiana
EXW1 P/T nG R
SHEET 2 OF 2
om milimiw u
A Gd L.
No. 4 t,
'20500009:
STATE OF e
p SUR •r
u uu„uuuwn�u
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
DRAWN BY: JEM
61A CHECKED BY: TLM
07 -08
Keystone Parkway
Hamilton
30
18 NORTH
4 EAST
AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
7�7
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