Traditions On Monon - Centex HomesBoard of Public Works and Safety "City
CONSENT TO ENCROACH
1
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Centex Homes, a Nevada corporation, 8440 Allison Pointe Boulevard, Suite 200, Indianapolis, IN 46250
"Owner of the Improvement and the City of Carmel, Hamilton County, Indiana, by and through its
WITNES SETH:
200600050622
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
08 -28 -2006 At 02:01 pm.
ENCROACHI1NT 26.00
WHEREAS, the City owns in fee simple a portion of real estate that is adjacent to the Traditions on
the Monon development and which is described in Exhibit "A" attached hereto and incorporated herein by
reference "Real Estate which Real Estate is located within the corporate limits of the City of Carmel,
Indiana; and
WHEREAS, the official plat of the Amended Final Plat of the Traditions on the Monon, is recorded
with the Recorder of Hamilton, Indiana under Instrument Number 200500080400, PC 3, Slide 788; and
WHEREAS, the Owner of the Improvement has installed a retaining wall on the Real Estate,
(referred to hereinafter as the "Site Improvements and
WHEREAS, Owner of the Improvement has given the City a sketch "Sketch depicting the
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 constructed on a portion of the Real Estate identified on
Exhibit B; and
WHEREAS, the Real Estate is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachment
upon the Real Estate, which Encroachment is identified on the Sketch; and
WHEREAS, Owner of the Improvement and City acknowledge the location of the Encroachment;
and
WHEREAS, Owner of the Improvement acknowledges that this Agreement does not imply any
approval of existing or future improvements not indicated on Exhibit B; and
WHEREAS, the location of the Site Improvements as indicated by the Owner of the Improvement
on Exhibit B should not materially interfere with the City's use of the Real Estate.
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 of the Improvement complies with the terms and provisions of this
Agreement.
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3. Owner of the Improvement covenants and agrees not to extend, increase, modify, alter,
reconfigure or otherwise change the Site Improvements from what is depicted on Exhibit
B.
4. Owner of the Improvement agrees that City shall have the right to remove any portion of
the Site Improvements as City deems necessary, in City's sole discretion, in its use or
enjoyment of the Real Estate, 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 of
the Improvement for the cost of any damages thereby caused to the Site Improvements or
to Owner of the Improvement.
5. Owner of the Improvement 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 the Site Improvements,
located on the Real Estate, or otherwise, which results directly or indirectly from any act of
Owner of the Improvement, its employees, contractors and/or agents in the Real Estate.
6. Owner of the Improvement agrees to reimburse City for any and all costs and expenses
incurred by City to replace or repair any damage to the Real Estate and any improvements
located therein caused by the installation, construction, maintenance and/or operation of the
Site Improvements.
7. Owner of the Improvement agrees to record this Agreement in the Office of the Hamilton
County Recorder and to provide to City a recorded copy of same within ten (10) business
3
Return to:
Sandra Johnson
City of Carmel
One Civic Square
Carmel IN 46032
days of the effective date of this Agreement. In the event this Agreement is not timely
recorded by Owner of the Improvement, Owner of the Improvement agrees and consents to
City recording same, at Owner of the Improvement's sole expense.
8. The parties 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 parties 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.
1 0. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER OF THE IMPROVEMENT"
x /4744,14.4
Centex Homes, a Nevada corporation
Date: 2- v
ATTES
4
"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Date:
es Brainard re i er
Burke Member
Mary
Date:
Lori Watson
Date:
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e i r re e w ty Clerk tor
9
STATE OF INDIANA
SS:
COUNTY OF .1m.:0i
Before me, a Notary Public in and for said County and State, personally appeared Centex Homes, a
Nevada corporation, by me known, and who acknowledged the execution of the foregoing "CONSENT
TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this /a day of 20Q6..
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
V I /flog
1.1:1brad17Aning it Real Estate Mattcrs\Ccntex\Consent to Encroach 062706.doe
errvy 141 3 r s
Printed lame
My County of Residence:
5
NOTARY'..
SEAL
MERRY WIGGINS
Hancock County
My Commission Expires
June 5, 2013
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 by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk-,
Treasurer H of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent 97.
Encroach on behalf of the City of Cannel, Indiana, ;Kr �'J
L I
Witness my hand and Notarial Seal this 4a'
s day of 20� t t: ��SJw
NOTARY PUBLIC
_LL. Ann t
Printed Namea.
My County of Residence:
THIS INSTRUMENT WAS PREPARED BY JAMES E. SHINAVER, 3105 East 98 Street, Suite 170,
Indianapolis, IN 46280, AND AS THE PREPARER OF THIS DOCUMENT AND PURSUANT TO I.C.
36- 2- 11 -15(d) I AFFIRM UNDER THE PENALTIES OF PERJURY, THAT I HAVE TAKEN
REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT,
ULESS REQUIRED BY LAW.
EXHiCIIIT A
Part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, State of Indiana, and more particularly described as follows:
Comxnencirng at the Southeast Comer of the Southeast Quarter of Section 24, Township 18 North, Range
3 Bast; thence North 90 degrees 00 minutes 00 seconds West (assumed bearing) 7S7_86 feet to the
Southwest corner of a parcel described in Instrument No. 8806085 as recorded in the office of the
Hamilton County Recorder, the Southeasterly right -of -way line of the Monon Railroad and the Point of
Beginning thence Northwesterly 954.30 feet on a curve to the left along the West line of said parcel;
thence North 90 degrees 00 minutes 00 seconds West 24.74 feet to a point 12 feet east of the centerline of
the Monon Railroad (33 feet half right -of way); thence Southeasterly 947.98 feet on a curve to the right
parallel with said centerline; thence North 90 degrees 00 minutes 00 seconds East 21.05 feet to the point
of Beginning and containing 0.46 acres more or less.
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Wall lermlnaWs 0,76's east
of property line (Trail
Retaining Wall As -built Drawing
Traditions on the Monon
Centex Homes
Carmel, Indiana
6TH STREET NW) 586'23
7 40'
July 12, 2006
Mr. Dick Hill
City of Carmel
One Civic Square
Carmel, Indiana 46032
Re: The Traditions on the Monon
Dick,
Please call me if you have any questions.
Sincerely,
,n
Jonathan D. Isaacs,
Land Entitlement Manager,
Centex Homes, Indianapolis
317.714.7713 cell
317.806.1766 office
CENTEX
Attached you will find a signed copy of the Right to Encroach Agreement for the
retaining wall at Traditions on the Monon. Also attached is a signed executed Quit Claim
Deed for the "Common Area R" to be dedicated to the City of Carmel along with the
Acceptance of Dedication Document.
Please place us on the Board of Public Works Hearing on July 19, 2006 for the
Dedication of the property to the City of Carmel as well as the right to encroach for the
retaining wall. We have put these agreements together based on Carmel Engineering's
request to Dedicate the property to the City. Centex Homes is expecting that these issues
be acted upon together at the July 19th, Board of Public Works Hearing.
Corporate Office
8440 Allison Pointe Blvd.
Suite 200
Indianapolis, IN 46250
Phone: 317-915-2200
Fax: 317-915-2201