Lost Oaks at Haverstick Section 2A - Centex Homes 200000058501
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARE;
On 11-E2-2000 At 08:41 am.
ENCROACHMNT 27.00
APPROVED, AS TO
CONSENT TO ENCROACH FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Centex Homes, a Nevada General Partnership by Centex Real Estate Corporation its Managing General
Partner, 6602 East 75` Street, Suite 100, Indianapolis, Marion County, Indiana 46250 "Owner and the
City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City
WITNESSETH:
WHEREAS, Owner owns in fee simple Certain real estate "Real Estate in the Lost Oaks and
Settler's Ridge at Haverstick Subdivisions, which are located within the corporate limits of the City of
Carmel, Indiana "Subdivision and
WHEREAS, the official plats of the Subdivisions were recorded in the office of the Office of the
Hamilton County Recorder as Lost Oaks at Haverstick, Section 2A, Instrument #98098858097 in Plat
Cabinet 2, Slide 170 on October 14, 1998 and Instrument #200000054643 on November 1, 2000; as Lost
Oaks at Haverstick, Section 3, Instrument #200000054644 in Plat Cabinet 2, Slide 509 on November 1,
2000; and as Settler's Ridge at Haverstick, Section 1, Instrument #200000054647 in Plat Cabinet 2, Slide
510 on November 1, 2000; and
WHEREAS, Owner wishes to construct Entrance Walls (the "Walls Entrance Lights (the
"Lights an Entrance Irrigation System (the "System and Columns and Walls (the "Columns) on the
Real Estate; and
WHEREAS, Owner has given the City sketches "Sketches depicting the proposed location of
the Walls, the Lights, the System and the Columns on the Real Estate, copies of which are attached hereto
and incorporated herein by this reference as Exhibits A, B, C, D and E; and
1
WHEREAS, the Walls, the Lights, the System and the Columns will be constructed on a portion of
the Real Estate designated as: (1) a Drainage, Utility Sewer Easement Landscape Maintenance Access
Easement Non Access Easement; (2) a Drainage, Utility Sewer Easement; (3) a Drainage Easement;
(4) a Landscape Easement Landscape Maintenance Access Easement; (5) a Drainage, Utility Sewer
Easement Landscape Maintenance Access Easement; and (6), a Var. Drainage, Utility Sanitary Sewer
Easement Landscape Maintenance Access Easement (the "Easements identified as: "(1) 40' D.U.
S.E.& L.M.A.E.& N.A.E.; (2) 10' D.U. S.E; (3) 10' D.E.; (4) 5' L.E L.M.A.E.; (5) 15' D.U.
S.E.& L.M.A.E.; and, (6) Var. D.U. S.S.E. L.M.A.E.," respectively, on Exhibits A, B, C, D and E;
and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Walls, the Lights, the System and the Columns
encroach (the "Encroachments upon the Easements, which Encroachments are crosshatched on the
Sketches; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Walls, the Lights, the System, and the Columns as indicated by
Owner on Exhibits A, B, C, D and E, should not materially interfere with the City's use of 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
were fully set forth herein.
2. The City consents to the Encroachments for only so long as:
�d, w. n., mitu� „•i,.a eQi h,u.,uxa 7
(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 any or all of the Encroachments and /or the Walls, the Lights, the System
and the Columns from what is depicted on Exhibits A, B, C, D and E.
4. Owner agrees that City shall have the right to remove any portion of the Walls, the Lights,
the System and the Columns as City deems necessary, in City's sole discretion, to install,
protect and /or repair any utility Tines, sewer lines or drainage ditches located in any or all of
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 Walls, the Lights, the System and /or the Columns.
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 action or
inaction of the Owner, its employees, officers, officials, invitees, licensees and /or agents,
regarding or related to the Walls, the Lights, the System, and the Columns, and /or the
Encroachments in 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 the Easements and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Walls, the
a do unwo.dr I can•an /k r I I/A /001 3
Lights, the System and /or the Columns, or due to Owner's other obligations,
responsibilities, actions or inactions as set forth herein.
8. 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 expense.
9. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
10. 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.
11. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CENTEX HOMES, A NEVADA GENERAL CITY OF CARMEL, INDIANA
PARTNERSHIP BY CENTEX EAL ESTATE BY AND THROUGH ITS BOARD OF
CORPS T N, 1TS ANA ING GENERAL PUBLIC WORKS AND SAFETY
PAR NER
/g/e-‘0
Timothy K. McMahon, Indianapolis Div. President Ies Brainard, Presiding Officer
SSN: 331___ Date: /S� or
Date: ii /9 /0o
(L
Mary Ann B rke, Member
Date:
�Gl�
Billy/Walker, Member
/f
Date: ",f,'CIZI
,,TTEST:
Tana Cordray, IA erk- '�easu
Date:
w.n: >•nan va y i co,.nn.aKa 1 x 4
STATE OF INDIANA
SS:
COUNTY OF 2CAri n
Before me, a Notary Public in and for said County and State, personally appeared TIMOTHY K.
MCMAHON, Indianapolis Division President of Centex Homes, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this 9* day of Nove.MGf2 2000.
Cl ear
NOTARY PU LIC
My Commission Expires:
n ►1 l•
Jan cQ(Y) Printed Name
My County of Residence: fl \(ll_C x,.
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 BILLY WALKER, by me known, and by me known to be th
Members of the City of Carmel Board of Public Works and Safety, and Clerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution o' the To nL onsent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 16 day of iv UVei1'l i i/ 20 L.
NOTAP'itI' PUBLIC
My Commission Expires: 11i
C.qN A L t E -e 6_
c'O--1 Printed Name
My County of Residence: 41
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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9 s:_
LAND SURVEYORS
s oCiate`' 9940 Allis Rd. •Fi IN 46038 C ROP 18465SR1
r (317) 849 -5935 1 -80 728 -6917 FAX: (317) 849 -5942
DIR: 18465 X -FILE: 18465SR1 SUB -FILE: WALL -EXHBT
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3 0
SETTLER'S RIDGE As 4 4
AT HAVERSTICK
SECTION ONE f
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EXHIBIT "A" ,S)
ENTRANCE WALLS
.SSSt; i ENCROACHMENT
SCALE: 1" 30'
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1° LAND SURVEYORS
9 `sociates` 9940 Allisanville Rd. •fishers, IN 46038
1 8465SR1
(317) 849 -5935 1- 800 728 -6917 FAX: (317) 849 -5942
DIR: 18465 X -FILE: 18465SR1 SUB -FILE: WALL-EXHBT CONTROL
7 G
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SETTLER'S RIDGE ,s-
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AT HAVERSTICK
SECTION ONE �1e
4 4 1;-\\ 1 \P..13 7
R\GNj'o04
P�c, i P �G
OF
EXHIBIT "B" LIGHTING LEGEND
ENTRANCE LIGHTS TRANSFORMER
LIGHTING FIXTURE F
a;:.:27.: ENCROACHMENT
SCALE: 1" 30'
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4-Am CONSULTING ENGINEERS a 0
9.° `!50 LAND SURVEYORS
9ssnciates 9940 Allisonville Rd. Fishers, IN 46038 CONTROL 18465SR1
(317) 849 -5935 1- 800 -728 -6917 FAX: (317) 849 -5942
DIR 1 8465 X -FlLE: 18465SR1 SUB -FlLE: WALL-EXHBT
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SETTLER'S RIDGE. r 3
AT HAVERSTICK �I
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SECTION ONE C� 1° 4 b V 1 *...iiimsop
APO t� x 0 'r plivIt: 6 f 14 4
4° N.■.,„_ t Ill
3j
30'
3D� P#;\ pFAP
EXHIBIT IRRIGATION LEGEND
ENTRANCE IRRIGATION SYSTEM SID WATER METER
CONTROLLER
illf.61 ENCROACHMENT IRRIGATION HEAD
SCALE: 1" 30'
9..
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I 3n CONSULTING ENGINEERS .106 ID
9.°_ LAND SURVEYORS
9s soc teS 9940 Allisonville Rd. Fishers, IN 46038 C ROI 18465SR1
(317) 849 -5935 1- 800 728 -6917 FAX: (317) 849 -5942
DIR: 18465 X —FILE: 18465SR1 SUB —FILE: FENCE —EXHBT
27
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COLUMNS FENCE 26 Q�.y
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f `,�41%*
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181 i5� •R S DK /'Y 4 ►3:��' 0->./,
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182 ti N
N/co 184 a N Z
(4)
N .4 1 t. i (5) 7
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185 o f i i
Q COLUMNS FENCE Ci
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186 v ~:::"117 m m N N 187 (a) 5 1
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14
10' D.U. &S.E. 13
10 D.U. &S.E.
I
SCALE: 1" 80' 188 I W kV S P C A H ON ON 12
SE 1
4
EXHIBIT "D" 1 6 4
COLUMNS AND WALLS 189 I
Or�E ENCROACHMENT J
o► I 3 11
OV
Ii/ a ♦I
N N 190
2
1 91 I 1 ,0
Y
(L`�?' c- 167 8, 915 sq. ft. 91
10 o" 4 S?
.36, 31 3 2.59 0.0 N 7 7220 9,000 sq.ft.
ai N SS G; 18 C
CO
LOST VER CK 4 z
6 C q 11,714 sq E CTIOP! THR
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in' •6 ?S' `7 SS R
N 9 fr. RS 19 5
8 S y, /J
qR 6" v gyp" 9.128. sc
S F h /O i 4 Q
F. a� o s s ue:
C.., sk. 196
c o 1 06 O O 'S�' 1% 8,435 sq.ft.
�j ��O O s 5i g
128 SS
sss 197 .j6" oC.
6 ER s :•6-. s
3 6 9 SF. (ter PROPOSE, b.\.
r
G 9 Sr T r x 3'x3' MASONRY
Z COLUMN
R =20.00 't O h SANITARY 1. '?/<1 S" O
h e SEWER O O 0
L =31.42 4. f a i a s ss 06)
¢A Q li� S CS S
Tan =20.00 s s F 3 ,�f
D =90 °00'00" �`SSR S S.f F
SO DO S S, �S ss S S A;. 92 �S
R =20.00 �S o C
L =31.4. h,
S' Tan= 4.00 ��O p
D =9 V 00 00
EXHIBIT "E"
Mei O
COLUMN
ENCROACHMENT
SCALE: 1" 50'