West Road-Woods at Lions Creek - J.C. Developersand
2007063334 ENCROACHME $28.00
11/13/2007 08 :43:08A 9 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
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CONSENT TO ENCROACH
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APPROVED AS TO FORM 6
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and b`efween
J.C. Developers, LLC, an Indiana Limited Liability Company, 598 West Carmel Drive #F, Carmel,
Hamilton County, Indiana 46032 "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 Woods at Lions Creek residential subdivision, which is located within the corporate limits
of the City; and
WHEREAS, City owns by plat dedication certain Right of Way "Right of Way which is more
particularly described in Exhibit `B attached hereto and incorporated herein by reference, said Right of
Way being located within the aforesaid Real Estate; and
WHEREAS, the official plat of the Subdivision containing the Real Estate was recorded in the
Office of the Hamilton County Recorder on September 25, 2007, in Plat Cabinet 4, Slide 366 as
Instrument #2007054735 as the Woods at Lions Creek; 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 "C
WHEREAS, the System will be constructed on a portion of the Real Estate that is designated as
Public Right of Way (the "Right of Way identified as West Road Street on the Sketches; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachment upon the
Right of Way, which Encroachment is 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 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. 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 Right of Way, or for any other
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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
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, 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 System or the Encroachments 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
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.
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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
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 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
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.
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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.
"OWNER"
J.C. DE 4 OP S, LLC
AN IND NA ITED LIA ILITY COMPANY
Muno Henderson, President
J.C. Developers, LLC
Date: 10 10 ■?'T
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"CITY"
�d /7
Michael T. McBride, City Engineer
Date: I1 22- 7
STATE OF INDIANA
SS:
COUNTY OFt {C t (t0
Before me, a Notary Public in and for said County and State, personally appeared MUNO
HENDERSON, President of J.C. Developers, LLC, an Indiana Limited Liability Company, 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 t O day of O Ctb b f 20 0
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
dLelt
NOTARY PUI LI:
T 1` M. LPr f l 1 S-
rinted Name
IMBERLY S. CURRY
Res. of Hamilton Co.
My Comm. Exp. 01/24/201 My County of Residence: H tt•.tii H
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 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 21- 'lay of I.LC- s-( 20:9 7.
b
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My Commission Expires: I
Printed Name
My County of Residence: .L<L� ti� f.
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
1 affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Securiy Number in
this docu nie�f, un1 PSS requ b law. J
-C d irA L 1
signature)
LAND DESCRIPTAO
THE WOODS AT LIONS CREEK
Z, the undersigned registered tad Surveyor in the State of Indiana, hereby certify that the within plat represents a tts a> red subdivision thereof
prepared under my supervision of the followinng described reed estate located partially in The West FWf of the Southwest Quarter of Sectlanr19 and
partially In the West Half of the Northwest Quarter of Section 30, both in Township 18 North, Range 3 East of the Second Principal Meridian in Clay
Township, Hamilton County, Wiens
Coamtencing at a 102 inch diameter tabs. marking the Southeast corner of the West Half of the Northeast Quarter of Section 30, Toasdhip 18 North,
Range 3 East of the Second Principal Meridian in Cry Township, Hamilton County, Indians thence North 00 degrees 04 minutes 14 seconds East (assumed
bearing) on the East line of the West Half 0 said Northeast Quarter 2100.80 feet to a MAC nail marking the PLACE OF BEGINNING of the within
described real estate thence continuing North 00 degrees 04 minutes 14 seconds East an said East lire 544.97 feet to a 5/8 inch diameter iron ph
marking the Northeast corner of the West Half of the Northwest Quarter of 30, Township 18 North, Range 3 East: thence North 00 degrees 01 minute
08 seconds West on the Eaat One of the West Half of said Southwest Quarter of Section 19, Toosnsldp 18 North, Reese 3 East a distance of 1234.50
feet to a °MAG° rail; thence South 89 degrees 43 minutes 11 seconds West parallel with the South lime of the West Hoff of said Southwest Quarter
147226 feet to the West One of the Southwest Quarter of said Section 30: thence South 00 &grew 17 minutes 01 second West an the West lire of
said Southwest Qtr and on the West One of the Northwest Quarter of said Section 30, a distance of 124423 feet to a 5/8 inch diameter Reber with
yellow cap stomped 'Schneider Eng. FIRM 0001° (herein after referred to as 'Ram{) narking the Northeast corner 0 Section 25. Township 18 North,
Range 2 East: thence Swath 00 degrees 07 minutes 06 seconds West 471.46 feet to a brass dick stamped °SOt$AWARE BOUNDARY MARKER
SCHNEIDER ENS FIRM 1° sat in a concrete boss located 48112 feet South of a rebor at the Northeast corner of said Northeast
Quarter: thence South 87 degrees 08 minutes 36 seconds East 644.70 feet on a line which if extended Easterly would intersect the Eat One of the
West Half of the NoMftssest Quarter of Section 30 at a point that is 2098.00 feet North 0 the Southeast cater of said West Half: these North 00
degrees 04 mimrtes 14 seconds East penile! with the East line of the West Half 0 said Northwest est Quarter 16.84 feet: these South 86 degrees 11
minutes CO seconds East 837.04 feet to the Place of inning.
The above- described red estate contains 59.10 acres, more or teas.
This subdivision consists of 32 lots, numbered 1 through 32, four areas designed as Common Areas °B°, °C. If and 'E'. together with twenty -nine arm
designated as Blocks °3A °2A° °6A 7A 9A°, -we, "11e, °12A '13A°, °14A°,16A°. °17A°. -19A°, °20A °21A°, °22A° °23A°, °24A°, °25A°.
27A °28A°. 288°. °29A 'me. '31e, °31B°, °32A° and '32B together with right 0 osay for West load, all as delineated on the within plat. The size
0 the Lote. Comm Areas, Blocks and the width 0 the right 0 way for West Road are shown in figures denoting feet and did parts thereof.
This plat is based upon a survey recorded as Instrument nt Number 2007024041 in the Office 0 the Recorder 0
Hamilton ioC County, Indiana. There has been no a in matters of s on aunt that are coffin with this
Witness my signature this L day of 1 f t i i i
''Z'- moo
Lend surveyor Ida No. 207
11;1 -1] ii.
STATE OF 1 ,C4—
Q SUR
I riiiii►►
EXHIBIT "A"
LEGAL DESCRIPTION
Part of the West Half of the Southwest Quarter of Section 19,
Township 18 North, Range 3 East and Part of the West Half of
the Northwest Quarter of Section 30, Township 18 North,
Range 3 East in Clay Township, Hamilton County, Indiana,
more particularly described as follows:
Portions of the dedicated west half right of way of West Road,
adjacent to the east boundary of The Woods at Lions Creek
Subdivision.
As recorded in the Office of the Hamilton County Recorder on:
September 25, 2007 in Plat Cabinet 4, Slide 366 as Instrument
#2007054735 as The Woods at Lions Creek.
EXHIBIT "B"
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