Millbrook Homeowners Assoc. 2011036305 ENCROACHME $26.00
Q 08/01/2011 09:39:00A 8 PGS
ep D '0 Mary L. Clark
\i HAMILTON County Recorder IN
Recorded as Presented
//11� I IIIIIIIIIIIIIIII IIIII IIIII IIIII DIII IIIII IIIIIIIIIIIIIIIIIIII IIiiIIII
CONSENT TO ENCROACH
AFB 1MV O AS TO DORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Millbrook Homeowners Association, C/O 10561 Brookview Drive, Carmel, Hamilton County, Indiana,
46032 ("Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public
Works and Safety "City
WITNESSETH:
WHEREAS, Owner owns and is responsible for the operation and maintenance of certain Site
Improvements (as defined herein) that are located in and benefit as a whole the Millbrook Subdivision
(Subdivision) which is located within the corporate limits of the City of Carmel, Indiana, which Real
Estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 1, Slide Number
382, as Instrument Number 9362095 in the Office of the Hamilton County Recorder on December 14,
1993 as Millbrook; and
WHEREAS, Owner has constructed an irrigation system and associated appurtenances,
(collectively referred to hereinafter as the "Site Improvements within the Rights of Way (as defined
herein); and
en: wo d ::.nanrNpickiv4on.un,. io u d u„ un x,� nmi a •.d x: uzsn i 1
WHEREAS, Owner has given the City a sketch ("Sketch depicting the locations of the Site
Improvements on the Real Estate and within the Rights of Way (as defined herein), a copy of which is
attached hereto and incorporated herein by this reference as Exhibit B; and
WHEREAS, the Site Improvements are located within public rights of way, identified as 106th
Street and Brookview Drive on Exhibit B, (collectively, the Rights of Way); and
WHEREAS, the Rights of Way are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachments
upon the Rights of Way, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; 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 Improvements as proposed by the Owner on Exhibit B
should not materially interfere with the City's use of the Rights 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 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 Encroachments from what is identified in this Agreement.
[Eh: msword:v:Gh;uuNpickalkonams to cncrouchhmIllxcwk hoa cic.doc: 1 /25/[1] 2
4. Owner agrees that City shall have the right to remove any portion of the Site
Improvements 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 Rights 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 Improvements 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 in the Rights of Way 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 Encroachments.
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 Rights of Way and /or any
improvements located therein caused by the installation, construction, maintenance or
operation of the Site Improvements.
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 Improvements.
8. Owner agrees that its use of the irrigation 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
[Eh: msword:y:kharnNpickaiAcon.u:ts to cncroadRniIIhrook boa tied. 1/2C/11] 3
shall then immediately remove, all or any portion of the irrigation system as is necessary to
correct such problems, at Owner's sole cost and expense.
9. Owner agrees that the water flow from the irrigation system shall be directed away from all
street travel lanes and that water from the irrigation 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 certified record drawings of the installed irrigation 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 irrigation system
instruments and /or equipment.
11. 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.
12. The parties hereto agree that the terns of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
13. 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.
14. This Agreement shall be effective as of the date on which the last party hereto executes
same.
[Eh: msxor<I:eGhvnNp.ck<ukon.011. la.m<.ro.h1Anillhrook hoa tie <Ioc: 1 /25/111 4
"OWNER" "CITY"
MILLBROOK HOA CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PURL C WORKS AND SAFETY
Ar/l i
David Ho r. AV' resident
Date: g-/ es Brainard, Presiding Officer
1 Date:
ary Burke, Member
Date: 3 a
ii
Lori 'a s a ber
Date: 3 a. t
ATTEST:
ohnson
iana Cordray, IA T, Clerk ipty Cie�or
Date: l%
9D 4( IN 3 CD
Cw c. sg
cartrel
(th wwml, ::e4.a iJp Lrc.na.rn�. 1,020.1,, 1i25 %111 5
STATE OF INDIANA
SS:
COUNTY OF M oR.6A4
Before me, a Notary Public in and for said County and State, personally appeared DAVID
HOFFMAN, President, MILLBROOK HOMEOWNERS' ASSOCIATION, by me known, and who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and
deed. �r
Witness my hand and Notarial Seal this D day of 20/
NOTARY PUBLIC
My Commission Expires:
Br K6A72A- Pn 13
/2 3-r7 Printed Name
My County of Residence: rn
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
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 of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness m hand and Notarial Seal thi day of 2 0 Y.
Y Y
NOTARY PUBLIC
My Commission Expires: an n
6 7 Printed Name VJ
My County of Residence: Ct-/T i /D r)
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. This instrument was prepared by Douglas C. Haney,
Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032.
to unrvr.t.) alvfOxi tr....nn 10 mould) Ma e.,i :1r its 6
LEGAL DESCRIPTION
Part of the west half of the northeast quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County,
Indiana.
Millbrook, recorded in Plat Cabinet 1, Slide Number 382, as
Instrument Number 9362095 in the Office of the Hamilton
County Recorder on December 14, 1993.
EXHIBIT "A"
N/4. 00 �o a �o
I 1 b 151'4 h BROKEN. 1 §g Ili 8 e
C C,� _.B C6 /0 _.1225 ,oh
C 5 cc
Fri I 75' TREE
J I �p 128
oo 1 PRE AREA CIRCLE 1
ca I GREEN BELT BUFFER 22 S. ,4
22,863 S.F. 46. po
I cP 6 ?1-� 10' DUd6E
S00'24'13 "E
I S0024E /4� 66 97 603.46
/mo I 121.94'
L
CLAY TOWNSHIP REGIONAL 2` B1
WASTE DISTRICT 20' 2z Duai E
SEWER EASEMENT o a
1 I (INSTR.# 86 -2128) I 5
r I h� 15;664 S `F
u, (D.R. 354, P.46) 12,329 S.F.
10' DU&SE .or
N00'00'O0 E oh/ N17
T 92.96' I 8 050 E
15 01
I Sl )7 0's o N 116.
75' TREE I .4 1.2 SF
Q o PRESERVATION AREA 3 j
GREEN BELT BUFFER p 4
w es 0- oh op.'
1 12, 540 S.F.
z w 4 I 25
oF� I 22,187 S.F. '15- 4
2
Q O r;= i I S 3 7 b� p
g9 1 2 U r
cn
I A I,' V) n �.`1
�s, s. 0 61.46' moo'
I
S00'00'00 "E o 3 I 1.
i,(--
r
137.96' �5 23 ,592 �S F I I
�0 1 4 �I
fir`
61.46' 44.43 4!,• s o
I
z V e. v) I X 22 I �jy f I I
ec Q I SOU'UU UU I W P,, I
CNI
Z 31.50' 22;754 S.F.
n t' 75 TREE ,J; I I I
jf <C W I PRESERVATION AREA 21,555 S.F.
r �.F Sc GREEN BELT BUFFER
z r i o 10'
c O
cc v
P I
0 w w Cr,
75' TREE PRESERVATION AREA I co
Z Cr) Q 5' NONACCESS 'co GREEN BELT BUFFER Z
EASEMENT
20' DUCE
45.00'
RAW 170.14' 179.65'.; 30.2
N00'12'46 "W 566.64' p
60
N.W.CORNER W.1/2 N.E.1/4 WEST LINE W.1/2 N.E,1 /4
SECTION 7 -T17N -R4E SECTION 7 -T17N -R4E
PK NAIL FOUND
E 8
t
\2.
4 ■1.,'"
I
f Z
Th
I F%