12884 Broad Street - The Village Of West Clay Owner Association 200600067726
Filed for Record in
HAMILTON COUNTY? INDIANA
JENNIFER J HAYDEN
v' 11 -13 -2006 At 02:13 PM.
EHCROACHMHT 28.00
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by an' between
The Village of West Clay Owner's Association, Inc., 12884 Broad Street, 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, City owns by plat dedication 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 Village of West Clay residential subdivision, which is located within the
corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on June 14, 2006, in Plat Cabinet 4, Slide 79 as Instrument No. 200600033677 as The Village of
West Clay, Section 10004B Subdivision; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
WHEREAS, Owner has given the City sketches (the "Sketches depicting the proposed location
of the System on the Real Estate, copies of which are attached hereto and incorporated herein by this
deb: msword:z:\shared'Aull'consenttoe c roach \westclayhoa(vowc)irr.doc: 10 /24/061 1
reference as Exhibit B; 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 Blisland Street on Exhibit B; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the System will encroach (the "Encroachments upon
the Right of Way, which Encroachments are crosshatched on the Sketches; 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 B; and
WHEREAS, the installation of the System as proposed by the Owner on Exhibit B 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 Encroachments for only so long as:
(i) the Encroachments exist; and
(eb:msword:z:\ shared\ dhillM onsenttoencroach \westclayhoa(vowc)irr.doc: 10/24/06] 2
(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
B.
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
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
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
msword:z 3
to replace or repair any damage to any or all of the Right of Ways 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 shall be at Owner's
cost, expense and risk and that, if City, in its sole discretion, performs any work in 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
)eb:msword:z:\ shared\ dhill\consenttoencroach \westclayhoa(vowc)irr.doc: 10 /24/061 4
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 Village of West Clay is a regulated drain development under the jurisdiction of the
Hamilton County Surveyor's Office. The Owner agrees to obtain encroachment approval
for installation of any portion of the System that is located in the dedicated easements of
the development.
13. 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
Owner, Owner agrees and consents to City recording same, at Owner's sole cost and
expense.
14. 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.
[eb:msword:z:\ shared\ dhill\ consenttoencroach \westcla}hoa(vowc)in doe 10/24/061 5
15. 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.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
VILLAGE OF WEST CLAY OWNER'S CITY OF CARMEL, INDIANA
ASSOCIATION, INC. BY AND THROUGH ITS DEPARTMENT
OF ENGINEERING
4L''C 2/7, z
Angr' Garrett, Executive Director Michael T. McBride P.E., City Engineer
Date: /6 /d pi Date: /OW, 3, 2f
[eh :msword:z:\ shared rdhill consemwencrozch lwes[clayhoa(vowcJirr.doc: 10/24/06) 6
STATE OF INDIANA
SS:
COUNTY OF 4z. ,rn' Nori
Before me, a Notary Public in and for said County and State, personally appeared ANGIE
GARRETT, Executive Director of The Village of West Clay Owner's Association, Inc., by me known,
and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her
voluntary act and deed.
Witness my hand and Notarial Seal this ,..30 day of 0 1c ,.1) v 2006.
L
NOTARY PUBLIC
My Commission Expires:
�7G r t` e t77 lst pi'C
21cL -f x y 40 7 Printed Name
My County of Residence: X/rAti ei(ec:S'''
STATE OF INDIANA =`,r r
SS: ''3
COUNTY OF HAMILTON 'O 0
Before me, a Notary Public in and for said County and State s f V~
ry ty ,personally appeared�'MICHAEL T.
MCBRIDE, by me known, and by me known to be City Engineer of the CITY OF CARMFL, who
acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the'Clty of Carmel,
Indiana.
Witness my hand and Notarial Seal this 3 day of i'(.v t, 200 A
0.<
NOT Y P LIC
My Commission Expires: 4 S.� �e.✓
iv /y
oZ.o Printed Name
My County of Residence: 7
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security Number in
this c mc�d, unless. required bylaw
(signature)
[eh :mstcord:z:\sharedWhill\consent oencroach \Neestclayhoa(vossc)irr.doc: 0/24/06] 7
LEGAL DESCRIPTION
A part of the Northwest Quarter of Section 33, Township 18
North, Range 3 East in Clay Township, Hamilton County,
Indiana, more particularly described as follows:
Portions of the dedicated right of way of Blisland Street,
adjacent to Block "A" Commons, also known as Blisland
Green, of the Village of West Clay, Section 10004B
Subdivision.
As recorded in the Office of the Hamilton County Recorder on:
June 14, 2006 in Plat Cabinet 4, Slide 79, Instrument
#200600033677 as the Village of West Clay, Section 10004B.
EXHIBIT "A"
At
Y
a
1 -A, !REES
411/ f Li-
lirMM.Wr.Vh7W...G r, 4 416111bb
1•11•116
s.t.taDE TREES
1 .1 =1 NOMMCWIZEN MIIMIII A
1 0
40' ROW
Aeleft,
+6 •••■•••••■■•■fr, oralowaritaitamma■srmarmoria
.1 i t ilitii e
e I r;a W A r Ara r ArA I iAdr .4/./A FR =Air I r LAW' rt Ir
>AV- an
.IIIP T .4 lkii01
w
N X
SO t
s
illni 414
I) 1 0 O 3
0,
BACg ROO a A 'Ph A 110"
..1 .1 PREVEJuTeK 9.;.' ):?:.t- C.40 KTRIALAv_Le,„ c' el:,
.,..":01 I ANNUA BED (I
I Of i.:i ..e,
4:- 7:
W gm
0 0 alb c all. W v
tP))
C
BLOCK A COMMONS %ALAND GREEN
ioznar Ar A 7 „AI Ardr, Adr AO r 4MM O _____,,O.' 41 0
741 1 21pr w'oor "I' J; 0 "2 p.a. A. alwaNI 41■411111/ AO 41.WINIMILTIAL ".2 A illiPir r
.0_ 4d*I j`l :Li ND C ELT iow.OH,H
r iff 111M T IIIWAIIIIIIIIIIII
/1
NiiiW r-- '-'"--..-72..IC"' ■iiiilir
PPOPO5E-t WAIT:ft V f
Ifq To ,,)Cv r rime_
THE VILLAGE OF WEST CLAY
SECTION 10004B VI 0 20 40' 80'
EXHIBIT "B" NORTH SCALE: l' 40'
izz73 R.O.W. ENCROACHMENT
July S. 2f
Blisland Corruno