Lost Oaks at Haverstick Section 2B - Lost Oaks HOA n CONSENT TO ENCROACH APPROVED, AS TO
FORM BYa
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Centex Homes, 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 F in
HAMILTON COUNTY, INDIANA
MARY L CLARK,
On 01 -10 -2000 At 09:33 am.
WITNESSETH: ENCROACHMNT 17.00
WHEREAS, Owner owns in fee simple certain real estate (`Real Estate in the Lost Oaks at
Haverstick Subdivision which is located within the corporate limits of the City of Carmel, Indiana
"Subdivision and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on October 5, 1999, as Lost Oaks at Haverstick, Section 2B; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
System on the Real Estate, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the System will be constructed on a portion of the Real Estate designated as
Drainage, Utility Sewer Easement, Landscape Maintenance Access Easement and Non Access
Easement "Easement identified as "D.U. &S.E, L.M.A.E. N.A.E. on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachment upon the
Easement, which Encroachment is crosshatched on the Sketch; and CU
[rb:msword s \dhilI olms \IostoaFsmnsmldor.l l /101991 1 4
G I(./
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the installation of the System as proposed by the Owner on Exhibit A should not
materially interfere with the City's use of the Easement.
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 from what is depicted on Exhibit A.
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 the Easement, 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 System.
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 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 agents in the Easement.
[eb:msword \\docskhared dbill forms IosloaksconsmLdoc 11 /10/99] 2
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance or operation of the System.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within ten (10) business days of 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.
8. 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.
9. The parties 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
CENTEX H I CITY OF CARMEL, INDIANA
Indianapo D' 'sion BY AND THROUGH ITS BOARD OF
Z
Ii PUBLI WORKS AND SAF TY
r.
r
Timothy K. McMahon, President J es Brainard, Presiding Officer
Date: t^ I f Date: Z I s G
Mary r Member q
Date: .*l S— 9
-fix-
Billy Welker, Member= ';q
Date: dln ',7/4 F=ry
ATTEST I
r r
Diana Cordray; C7 re. ;.ti,,
Date: li h
[eb msword:s: \dhill VormAlostoaksconsent.doc 11 /11199] 3 ry ,6
STATE OF INDIANA
SS:
COUNTY OF AA A [zi H
Before me, a Notary Public in and for said County and State, personally appeared TIMOTHY K.
MCMAHON, President of the Indianapolis Division of Centex Homes, 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 1 day of QQ Ce;-c b/ A. 1999.
--t.' —L L0.( tbaJ
NOTARY P LIC
My Commission Expires: f?
c n n t tc r {ij 1 I t i o rt.
Jan CLo .c fl Printed Name
My County of Residence: [T in'1 1 1.
F d .r•s It
ri y tyte yp
STATE OF INDIANA s- :;x:, y H
SS: {3'i'
COUNTY OF HAMILTON <a= '.1..�..P
z b: m•a
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 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. m N
fir yl
Witness my hand and Notarial Seal this 5 day of e 2� r 1 d r e,
c j:d°
e V57 V i;
L—'12fl iGlii(
NOTARY PUBLIC ik t
V'
„4,7-!,
My Commission Expires:
1
—7-�w =tom t'p FV' 0,
l V2 —O Lp Printed Name
r `l `'L:js'f Il l r
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[ci :msword dots\ shard \dhill\forms \IosloaksconsrnLdor 11/10/99] 4
LOST OAKS AT HAVERSTICK
SECTION 213
RIVER ROAD ENTRANCE
D= 35 n
R= 520.00' Z
T= 167.29'
0
L= 323.71' C,
N
325.48. W f
e4 0
vi,. L
Jr „1,,, PRAIRIE TRACE
N
ELEMENTARY SCHOOL
C f J 5 �l
JJf •8J
0 e, 'V
e iS y to
s SO b,
2, e. Co. 4
U a� �sso O_
Q` 4-'o. VI.O■
AC "Vilirdete,fottrhiN.
1 �o ,,��C��,r�-,,��� c ri i
1.892. aq.ft. h C) C 7 4rf,
22 ra
tli l y... r� v 0
Ann• i z. fi t' ry
co
V `k ,v r Q `�jy y C -lU .2-
O� ,v h a j `b. 0 a� .0 121
y> 4 /,1, 8.814. sq. f t.
1 20 i�
8 7,924, sq. ,p
17 0 ,y QS' �'E
0'.' k� \t iI O
11 C y o
p� 8,020. aq.ft. ►7.!�ti
a
1 18 v 4, ti
8, 472. sq. b l °o 6d„ p.0
ti �i
1
S
17 i kt• o&
//4/v --4. --4. 9,427. sq. tt.
X
f o
C 4Ji f ''hy <t-\
q.ft.
J/ W�
I N.- D= 29'08'40”
R= 435.00'
L= 221 .08'
yy L= 221.27'
5 .S
6w
EXI -IIBIT A
iv- g ENCROACHMENT