Long Ridge Estates - PPV 2009018206
E 3
03/31/2009 01:22:33P13PGS
V Jennifer J Hayden
HAMILTON County Recorder IN
A Recorded as Presented
I (Y l
CONSENT TO ENCROACH
APPROV D AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
PPV. LLC, 9757 Westpoint Drive, Suite 600, Indianapolis, Hamilton County, Indiana 46256 "Owner
and the City of Carmel "City Hamilton County, Indiana.
WITNESSETH:
WHEREAS, Owner owns in fee simple certain Real Estate "Real Estate which is more
particularly described in Exhibit "A attached hereto and incorporated herein by reference "Real
Estate commonly known as the Long Ridge Estates Section 3A Subdivision which is located within the
corporate limits of the City of Carmel, Indiana; 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 aforementioned Real Estate; and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on January 3, 2008. in Plat Cabinet 4, Slide 409 as Instrument No. 2008000445 as Long Ridge
Estates, Section 3A Subdivision; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the System on the Real Estate, a copy of which are attached hereto and incorporated herein by this
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reference as Exhibit ''C and
WHEREAS, the System will be constructed on portions of the Real Estate designated as Public
Right of Way (the Right of Way), identified as 141 Street, Nina Drive and Wilmuth Drive on Exhibit
"C and as Drainage Utility Easements, as Drainage Utility and Sanitary Sewer Easements, as
Conservation Easements and as Landscape Maintenance Access Easements (the Easements), identified as
25' D. &U.E., 20' D.U. &S.S.E., 25' D.U. &S.S.E., 10' L.M.A.E., Var. C.E. and as Var.
R.D.U. &S.S.E. &L.M.A.E. on Exhibit "C and
WHEREAS, the Right of Way and the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachments upon the
Right of Way and the Easements, 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 or existing or
future improvements not indicated by Owner on Exhibit "C and
WHEREAS, the installation of the System as proposed by the Owner on Exhibit "C" should not
materially interfere with the City's use of the Right of Way and /or the Easements.
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
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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 System and /or the Encroachments from what are depicted on Exhibit
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 and /or the
Easements, 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 otherwise, which results directly or indirectly from any act of the
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J
Owner, its employees, officers, officials, invitees, licensees and /or agents, regarding or
related to the System or the Encroachments in the Right of Way and /or the Easements.
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 the Easements
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.
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 and /or the Easements
shall be at Owner's cost, expense and risk and that, if City, in its sole discretion, performs
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any work in the Right of Way and /or the Easements, 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. The Long Ridge Estates subdivision is a regulated drain development under the jurisdiction
of the Hamilton County Surveyor's Office. The Owner agrees to obtain encroachment
approval and /or appropriate permits for installation of any portion of the System that is
located in the dedicated regulated drainage easements of the development.
13. Owner agrees to obtain appropriate approvals and pay appropriate fees if the source of
water for the System is changed from the existing lake to the public water system.
14. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide 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
�ebmsnord:z:\s hared dhill\ consenttocncroach \plaunumlongridge3airralt doc 3 /11/091 5
Owner, Owner agrees and consents to City recording same, at Owner's sole cost and
expense.
15. 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.
16. 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.
17. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
PPV, LLC CITY OF CARMEL, INDIANA
2 7,2 2/744.,...
Kenneth R. Brasseur, Vice President of Platinum Michael T. McBride P.E., City Engineer
Properties, LLC/Managing Member of PPV, LLC
Date: 3/ /e9 Date: 3/26
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STATE OF INDIANA
SS:
COUNTY OF 4-A IAA LX i•A
Before me, a Notary Public in and for said County and State, personally appeared KENNETH R.
BRASSEUR, Vice President of Platinum Properties, LLC /Managing Member of PPV, LLC, by me
known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her
voluntary act and deed. A
Witness my hand and Notarial Seal this M
ay of AXGIA 20 09.
,ot�«Y P� ERIC W. SIMONS ifff
ro. Hamilton County NOTARY PUBLI
My Commission Expires
My Commission ?Cji4' March 21, 2016
Printed Name
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared MICHAEL T.
MCBRIDE, by me known, and by me known to be City Engineer of the CITY OF CARMEL,, who
acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Ca met—
Indiana.
r
Witness my hand and Notarial Seal this i day of ILACTC.h1 20 D
L Di 0 v
NOTARY PUBLIC
My Commission Expires:
C/( ncoff-
airioG,rq 5 2011 Printed Name
My County of Residence: Liao CY1
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security Number from
this document, unless it is required by law. Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana
46032.
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032.
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1/
LONGRIDGE ESTATES, SECTION 3A
I, the undersigned Registered Land Surveyor hereby certify that the included plat correctly
represents a subdivision of part of the East half of the Southwest Quarter of Section 19,
Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as
follows:
Beginning at the. Northwest Corner of said Half Quarter Section marked by a 3/4" crimped pipe;
thence North 89 degrees 45 minutes 15 seconds East along the North line of said Half Quarter
Section a distance of 1,314.96 feet to a railroad spike and the Northeast corner thereof; thence
South 00 degrees 01 minutes 01 seconds East along the East line of said Half Quarter Section o
distance of 1,109.65 feet to a concrete monument and the Northeast Corner of Longridge
Estates, Section Two recorded os Instrument No. 200600040349 in Plat Cabinet 4 on Slide 101
in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 51 minutes
10 seconds West along the North line of Longridge Estates, Section Two 200.73 feet to a 5/8"
rebar with cap stamped "S A Firm #0008" (hereafter referred to as a S A rebor); thence
North 46 degrees 44 minutes 47 seconds West 122.03 feet to a S A. rebar thence North 38
degrees 43 minutes 42 seconds West 160.00 feet to S A rebar; thence North 60 degrees
53 minutes 12 seconds West 53.99 feet to a S A rebar; thence North 38 degrees 43 minutes
42 seconds West 170.00 feet to a S A rebor; thence South 51 degrees 16 minutes 18
seconds West 384.03 feet to a S A rebar; thence North 03 degrees 35 minutes 32 seconds'
West 175.67 feet to a S A rebar; thence. North 38 degrees 43 minutes 42 seconds West
170.00 feet to o 'S .A rebar; thence South 51 degrees 16 minutes 18 seconds West 11.71 feet,.
to a -S A Debar and a point on a curve concave southerly, the radius point of said curve
being South 38 degrees 43 minutes 42 .seconds East 125.00 feet from said point; thence
westerly along said curve 11.39 feet to a S A rebar and the point of tangency of said curve,
said point being North 43 degrees 56 minutes 52, seconds West 125.00 feet from the radius
point of said curve; thence North 43 degrees 56 minutes 51 seconds West 280.53 feet; thence
South 89 degrees 45 minutes 15 seconds West 142.56 feet to a MAG nail with washer stamped,..
"S A Firm #0008" and the West line of said Half Quarter Section; thence North 00 degrees 01'
minutes 09 seconds West along said West line a distance of 483.00 feet to the place of
beginning, containing 24.839 acres, more or less.
This subdivision consists of 25 lots numbered 113, 132 -142 and 150 -162 (all inclusive) and 5
Common Areas labeled C.A. 8 -12 (all inclusive). The size of lots and width of streets are shown
in feet and decimal parts thereof.
Cross Reference is hereby mode to a survey plot prepared by Stoeppelwerth Associates, Inc.
in accordance with Title 865, Article 1, Chapter 12 of the Indiana Administrative Code recorded
as Instrument Number 2005 -63273 in the Office of the Recorder of Hamilton County, Indiana.
I, the undersigned, hereby certify that I am a Registered Land Surveyor, licensed n. .compliance
with the laws of the State of Indiana and that the within plat represents a subdivision of the
lands surveyed within the cross referenced .survey plat, and that to the best of my knowledge
and belief there has been no change from the matters of the survey revealed by the
cross— reference survey on any lines that are common with the new subdivision.
Witness my signature this Z d ay of �c tser 2007.
S: \4742553 \Legal \Plat Section 3A.rtf
August 24, 2007, tlb owlll
I Y•. 900012
Dennis D. Olmstead
Registered Lond Surveyor STATE O
No. 900012 -9 INO' .yOQ
SUM'C
EXHIBIT "A"
LEGAL DESCRIPTION
Part of the East Half of the Southwest Quarter of Section 10,
Township 18 North, Range 3 East, in Clay Township,
Hamilton County, Indiana, more particularly described as
follows:
Portions of the dedicated south half right of way of 141 Street
at Wilmuth Drive; portions of the east and west half right of
way of Wilmuth Drive from 141 Street to Nina Drive; and
portions of the north half right of way of Nina Drive at
Wilmuth Drive.
Also portions dedicated easements adjacent to 141 Street and
West Road including 10' L.M.A.E., Var. C.E., 25' D. &U.E.,
Var. R.D.U. &S.S.E. &L.M.A.E. and 25' D.U. &S.S.E.
As recorded in the Office of the Hamilton County Recorder on:
January 3, 2008 in Plat Cabinet 4, Slide 409 as Instrument
#2008000335 as Long Ridge Estates, Section 3A.
EXHIBIT' `_8_"
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