Brighton Ave - Claybridge HOA (2)and
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and
between the Claybridge Homeowners' Association, Inc., 660 Suffolk Lane, Carmel, Hamilton
County, Indiana 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through
21)0500037913
its Board of Public Works and Safety "City Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
WITNESSETH: 06-20 -2005 At 11004 cam.
ENCRDAC:HMNT 29.00
WHEREAS, Owner warrants and asserts that Owner owns an easement for installation and
maintenance of an entry wall and landscaping encumbering certain real estate "Real Estate located
in the Springmill Streams, Section 6 and Claybridge at Springmill subdivisions "Subdivisions
which Real Estate is described as Lots 106 and 107 on Exhibit B, attached hereto and incorporated
herein by reference, such Real Estate being located within the corporate limits of the City of Carmel,
Indiana "City and
WHEREAS, the official plats of the Claybridge at Springmill and Springmill Streams
Subdivisions were recorded in the Office of the Hamilton County Recorder on December 5, 1989,
in Plat Cabinet 1, Slide 72, Instrument No. 8927503 as Claybridge at Springmill and November 5,
1987, in Plat Book 14, Pages 148 -149, Instrument No. 8746555 as Springmill Streams, Section 6;
WHEREAS, Owner has constructed an entry wall "Wall portions of which encroach into
the Right of Way of Mayfair Lane at its intersection with Brighton Avenue located in the Springmill
Streams, Section 6 Subdivision; and
WHEREAS, Owner has given City sketches "Sketches depicting the existing location of
the Wall in the Right of Way, copies of which are attached hereto and incorporated herein by this
reference as Exhibit B, Exhibit C, and Exhibit D; and
WHEREAS, the Wall is constructed on a portion of the Real Estate designated as dedicated
public right of way (the "Right of Way identified as Mayfair Lane on Exhibit B, Exhibit C, and
Exhibit D; and
WHEREAS, the Right of Way is beneficial to City and its residents; and
WHEREAS, as indicated on the Sketches, the Wall encroaches (the "Encroachment") upon
the Right of Way, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Wall as indicated by the Owner on Exhibit D should not
materially interfere with 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.
City consents to the Encroachments for only so long as:
(i) the Encroachments exist; 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 Wall and /or the Encroachment from what is depicted on Exhibit D.
4. Owner agrees that City shall have the right to remove any portion of the Wall 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,
2
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 Wall or to Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees, attorneys, and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising out of City's entry into this Consent to
Encroach and /or from any bodily injury and /or death, from any destruction or damage to any property
or improvements located on the Real Estate, and from any other injury or claim whatsoever, which
results directly or indirectly from any act of Owner, its employees, officers, officials, invitees,
licensees and agents in, on, across, under or over 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 Wall.
7. Owner agrees to record this Agreement in the Office of the Hamilton County
Recorder and to provide the City with a recorded copy of the 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 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.
3
"OWNER"
CLAYBRIDGE HOMEOWNERS'
ASSOCIATION, INC.
By: Richard J. Scott, President
R chard J. Scott
Date: cod c2 /01 69-6)DS
4
"CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
es Brainard, Presiding Officer'
ate:
Many Ann
Date:
llb7 geSznf"
Lori Watson
t
ATTEST:
urke, rmber
J
ember
05
Diana Cordr y, IA C, Clerk Treasurer
Date: _6l
Return to:
Sandra Johnson
City of Carmel Clerk Treasurer's Office
One Civic Square
Carmel, IN 46032
Johnson9
Jerk for
STATE OF INDIANA
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared RICHARD
J. SCOTT, President of the Claybridge Homeowners' Association, Inc., by me known, and who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary
act and deed.
d
Witness my hand and Notarial Seal this �'�j day of
My Commission Expires:
My County of Residence:
STATE OF INDIANA
COUNTY OF HAMILTON
My Commission Expires:
(5,4l /9 /ae
My County of Residence:
I I +On
I- I: \EDC \Claybridge \consent to encroach.wpd
SS:
SS:
otary Public
(Printed Name)
2005.
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 me known to be
the Members of the City of Carmel Board of Public Works and Safety, and IANA t'`CttE91M,
Clerk-Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" on behalf of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this 61 day of 2005.
5
acze.-.2
0
Notary Public
4 n n 1J a k/1
(Printed Name)
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EXHIBIT "B"
RIGHT OF WAY ENCROACHMENT LOCATION
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e ntrel, leitanA;tAls )1.1: viva given vgiV•i‘ 3 1,
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C7 CEcr 55,5, 79205 /E0.7/
7172 Graham Road
Indianapolis, IN 46250
317 842 -6777
FAX: 317-841-4798
www.cripe.biz
Architecture
Construction
Administration
Engineering
Geographic
Information
Services
Landscape
Architecture
Land Planning
Land Surveying
Real Estate
Consulting
Transportation
Engineering
IS 001
aU A1J SCE
Now
LEGAL DESCRIPTION
Commencing at the West Right -of -Way of Mayfair Lane
at the Entry Way Easement Corner at Lot 107 in
Springmill Streams Section Six, the plat of which was
recorded November 5, 1987, as instrument No.
8746555, in the Office of the Recorder of Hamilton
County, Indiana thence North 28 degrees 17 minutes 15
seconds East on and along said Right -of -Way line 30.00
feet to the Point of Beginning; thence continuing along
said Right -of -Way; North 28 degrees 17 minutes 15
seconds East 30.00 feet; thence South 60 degrees 00
minutes 00 seconds East 68.93 feet to the East Right -of-
Way line of said Mayfair Lane at Lot 106; thence South
31 degrees 47 minutes 00 seconds West on and along
said Right -of -Way line 30.00 feet; thence North 60
degrees 00 minutes 00 seconds West 67.10 feet to the
West Right -of -Way line of said Mayfair Lane at Lot 107
to the Point of Beginning containing 1,736 square feet
more or less.
EXHIBIT "C"
RIGHT OF WAY LEGAL DESCRIPTION
........E,
EXHIBIT "D-1"
/A I a VA IA I I 6 1 RIGHT OF WAY ENCROACHMENT
NOT TO SCALE
P
0 8,
Pv
f
LOT 107
LEGEND
0 15 30 60
7.5 22.5 45
SCALE: 1"=30'
i
E.W.E. ENTRY WAY EASEMENT
P.E. PLANTING EASEMENT
S. U. E. SEWER UTILITY EASE,
i
40' BUILDING LINE
91 7 R= 278
L= 31,10'
8R ToN AVENUE
P- JI0.00'
L
7172 GRAHAM ROAD
INDIANAPOLIS, INDIANA 46250
(317) 842 -6777 FAX (317) 841 -4798
E -Mail picripeOpicripe.corn
L= 109.26
20' P.E.
34 p
LOT 106 SPRINGMILL
STREAMS SECTION SIX
SIGN EXHIBIT
EXHIBIT "D -2"
RIGHT OF WAY ENCROACHMENT
ARCHITECTURE
CIVIL ENGINEERS
LANDSCAPE ARCHITECTURE
LAND PLANNING
LAND SURVEYORS
nIVIROf1Mr.NTAL CONSULTANTS
TRANSPORTATION ENGINEERS
ci
SCALE:
1
PROJECT NO
04006-00001
Dote:
9 -01 -20 4
LOT 108
December 3. 2001
‘.11.
.14
C'r I'Ii To, Claybridge Homeowners AssoCiation,Inc
N
LOT 107
0,53 ACRES
4" PINE
2t RAI. I uENT
(41013/0EASCarat lafE
DICTIOC UE119
150420 CASIUDI
0(000410 015E4
S6„
1 48 19
8,3
LOT 107 SPRINGMILL STREAMS-SECTION SIX
1 the undersigned hereby cerbly that to Inc best of my professional knowledge and belief
the within plot 000010111y represents o survey 40002 001/20 my supervision on November 26, 2001
and performed in accordance with Indiana Administrobve code. Title 865. Article I I. Rule 12.
on 11,0 following 00111 estate
105 07 in Springinill Streams—Section Sir. the plat of which was recorded November 5. 1987.
us Instrun,ent No. 8746555. in Inc Office of the Recorder of Hornaton County. fncl;ono.
80 1*
21011 OF' E
20' SC*, WARY U.71
10E010410 RiSER
EXHIBIT "D-3"
RIGHT OF WAY ENCROACHMENT
0 _10 20 40
SCALE- I'w20'
0 INDICATES SET 5/9" REBAR W/CAP MARKED P I CRIPEMC.
II 3 INDICATES SET WOOD HUB VI/TACK IN TOP
Cues
00.0.1,
0 60101/151
mteRie.
STOP 005
1ff OM
r
6109001010
845165"1I 2
PtlAtrR14/0
5000116l
511
u/loiCtE
1P91010? Mt 10
EDC.E CI' UZSC.E
SURVEYOR'S REPORT
RA010543100
1[06111.60°o'
LOT 106
10 accordance with Title 865. Article 1.1. Chapter 12 of Inc Indium:, Administrative Code,
establishing minimum standards for the proctice of lond surveying in Indiana. eflectire
August 16. 1991. Inc lollowing observutions and opinions ore submitted regardong Inc
various uncertainties 0 the locotions of the hoes and corners established on this survey
The Theoretical Uncerto;nly (due to random errors in measurement) of the corners ol the
subject truck established by thin survey i3 with.) the spc,ficulions Inc u C101.s A survey
(±0,10 feet) as defined in IAC 865
The boundary lines of Inc subject real estate ore dependent upon the recorded plat
location ond dimensions Rrev.ously set centerline copper w cid monuments in Brighton
Avenue that were found and checked during this 411002, were used to estobtish the
property corners.
There Is no evidence of occupotion along properly lines
LOT 107
REVISIONS
111t1trlf f 0 r
Wo041.11:.; 0012
CONCEPT 201/
Er16 CNA,
ORAVd/
HU ICI
Di0(7116. OW:
SCALE:
rii07
08001116 111LE'
DATE [CLIENT.
11.01.11411 Cloyhridue 11"ineowrin, Inc
Exhibit ()rowing
7172 CR AtlAki ROAD
11 11101/41A 96250
(3,7) 80201777 (00 (310 841-1798
(-AIN at pi,ripe10pic0pe cam
[MC TYPE I FILE 11U08(8
JOB NUMBER
07.11(CIURC
CIVIL VIC.tPS
LANDSCAPE A...11C,
SUFI .45
I.,1170.4/41, COMA
IftuiS.,114.1i. Et,"
CIS
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