Heathermoor Park Drive - Drees Homes APPROVED AS TO FORM DV
200400027803
ma) Filed for Record in
HAMILTON COUNTY INDIANA
CONSENT TO ENCROACH JENNIFER J HAYDEN
04 e8 -2004 At 12 :27 pm.
ENCROACHMNT 24.00
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Drees Premier Homes, Inc., 6650 Telecom Drive, Suite 200, Indianapolis, Marion County, Indiana 46278
(individually "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 Lot Number 7 "Lot with a common address of 2566
Heathermoor Park Drive South, Hamilton County, Indiana 46032, in the Lakeside Park Subdivision which
is located within the corporate limits of the City of Carmel, Indiana "Subdivision 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 3, Slide 254 as
Instrument #200300096180 in the Office of the Hamilton County Recorder on September 17, 2003 as
Lakeside Park, Section 1; 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 Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the System will be constructed on a portion of the Lot designated as Public Right of
Way (the "Right of Way identified as Heathermoor Park Drive South on Exhibit B, and as Drainage
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Easement and Drainage Utility Easement (the "Easements identified as "15' D.U. and 20' D.
U.E." on Exhibit B;
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 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 of 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 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
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
B.
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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 System 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 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
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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
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.
13. 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.
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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.
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"
DREES PREMIER HOMES, INC. CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
J PUBLIC WORKS AND SAFETY
A/or //I.QS0II7
Andy Larilia t rees Premier Homes, Inc. James Brainard, Presiding Officer
SSN: 2.-6- ti 2., `t Date:
Date: 3/ -//2,-/
Mar Ann urke, Member L
Date: L
AlMi
Lori atson, Me -1: er
Date: 7 v„
ATTES,
4 1 SandaM4o;srrn 9
l arty Clerk foir
ana Cordray, A I /lerk- Treasurer
Date: 77/
RETURN ORIGIN T O:
SA NDRA �OHNSON
CITY OF CARMEL
ONE CIVIC
CARMEL
SQUAR
IN 46032
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STATE OF INDIANA
SS:
COUNTY OF 'liA
Before me, a Notary Public in and for said County and State, personally appeared ANDY
LANHAM, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his voluntary act and deed.
Witness my hand and Notarial Seal thisa(0 'ay of Mc) rC.h 20 dTI
ar- 411b.
NOTARY PUBT C
My Commission Expires:
C L. e I nn o:�)�
1 03 -oco Printed Name'
My County of Residence: 1 1
1
STATE OF INDIANA 1 s
SS: rt.. ;s I
COUNTY OF HAMILTON
.....,.oat
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 aa andly me kn40..An t o be se
Members of the City of Carmel Board of Public Works and Safety, and MICI77L. rORIjRV, Cler
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 my hand and Notarial Seal this `day of 20_
NOTARY PUBLIC
My Commission Expires:
171/1/6 4 .A9 y
xi Printed Name
My County of Residence: Weyr ator ---rca
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LAKESIDE PARK, SECTION 1
I, the undersigned Registered Land Surveyor hereby certify that the included plat correctly represents a subdivision of part of
the of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly
described as follows:
Beginning at the Southwest Corner of the said Southeast Quarter; thence North 00 degrees 09 minutes 06 seconds Eost along
the West line of said Quarter Section 679.66 feet; thence South 89 degrees 51 minutes) 43 seconds East 256.98 feet; thence
North 06 degrees 43 minutes 43 seconds West 41.30 feet; thence South 89 degrees 50 minutes 54 seconds East 327.36 feet;
thence North 06 degrees 43 minutes 43 seconds West 25.72 feet; thence North 89 degrees 50 minutes 54 seconds East
189.00 feet; thence North 07 degrees 52 minutes 06 seconds West 25.23 feet; thence North 89 degrees 50 minutes 54
seconds East 286.59 feet; thence North 03 degrees 42 minutes 41 seconds West 61.47 feet; thence North 00 degrees 53
minutes 27 seconds West 88.65 feet; thence North 00 degrees 08 minutes 18 seconds West 71.27 feet; thence South 89
degrees 50 minutes 54 seconds East 337.88 feet; thence North 09 degrees 13 minutes 24 seconds East 151.90 feet; thence
South 89 degrees 50 minutes 54 seconds East 205.91 feet; thence South 84 degrees 21 minutes 11 seconds East 67.64 feet;
thence South 60 degrees 51 minutes 37 seconds East 175.56 feet; thence North 21 degrees 19 minutes 27 seconds Eost
195.01 feet to point on a curve concave northerly, the radius point of said curve being North 21 degrees 19 minutes 27
seconds Eost 375.00 feet from said point; thence easterly along said curve 59.48 feet to the point of tangency of said curve,
said point being South 12 degrees 14 minutes 08 seconds West 375.00 feet from the radius point of said curve; thence North
12 degrees 14 minutes 08 seconds East 144.74 feet; thence South 70 degrees 40 minutes 47 seconds Eost 128.94 feet;
thence North 17 degrees 01 minutes 22 seconds East 39.57 feet; thence South 72 degrees 58 minutes 38 seconds East
185.00 feet; thence North 47 degrees 04 minutes 00 seconds East 70.51 feet; thence North 89 degrees 45 minutes 04
seconds Eost 320.83 feet to a point on the East ine of soid Southeast Quarter Section; thence South 00 degrees 14 minutes
57 seconds Eost along said East line, 1,326.80 feet to the Southeast corner of said Southeast Quarter Section; thence South
89 degrees 36 minutes 39 seconds West 387.91 feet; thence North 00 degrees 23 minutes 21 seconds West 43.38 feet;
thence North 40 degrees 22 minutes 34 seconds East 177.83 feet; thence North 04 degrees 21 minutes 22 seconds East
137.77 feet; thence North 19 degrees 00 minutes 26 seconds West 371.42 feet; thence North 75 degrees 27 minutes 37
seconds West 173.24 feet; thence South 72 degrees 01 minutes 36 seconds West 50.01 feet to o point on a curve concave
southwesterly, the radius point of said curve being South 72 degrees 58 minutes 39 seconds West 20.00 feet from sold point;
thence northwesterly along said curve 29.46 feet to the point of tangency of soid curve, said point being North 11 degrees 24
minutes 43 seconds West 20.00 feet from the radius point of said curve; thence South 78 degrees 35 minutes 16 seconds
West 46.74 feet; thence South 11 degrees 24 minutes 44 seconds East 118.86 feet; thence South 70 degrees 36 minutes 48
seconds West 86.38 feet; thence South 58 degrees 54 minutes 31 seconds West 237.23 feet; thence South 89 degrees 50
minutes 54 seconds West 491.41 feet to a point on a curve concave westerly, the radius point of said curve being South 85
degrees 27 minutes 51 seconds West 265.00 feet from said point; thence southerly along said curve 214.80 feet to the point
of tangency of said curve, said point being South 48 degrees 05 minutes 35 seconds Eost 265.00 feet from the radius point
of said curve; thence South 41 degrees 54 minutes 25 seconds West 188.37 feet to the point of curvature of a curve
concove northwesterly, the radius point of said curve being North 48 degrees 05 minutes 35 seconds West 50.00 feet from
said point; thence southwesterly along said curve 44.49 feet to the point of tangency of soid curve, said point being South 02
degrees 53 minutes 03 seconds West 50.00 feet from the radius point of said curve, soid point also being the point of
curvature of a curve concove southerly, the radius point of said curve being South 02 degrees 53 minutes 03 seconds West
85.00 feet from said point; thence westerly along said curve 19.18 feet to the point of tongency of said curve, said point
being North 10 degrees 02 minutes 35 seconds West 85.00 feet from the radius point of said curve, said point also being the
point of curvature of o curve concove northerly, the radius point of said curve being North 10 degrees 02 minutes 35 seconds
West 50.00 feet from said point; thence westerly along soid curve 44.49 feet to the point of tangency of said curve, said
point being South 40 degrees 56 minutes 03 seconds West 50.00 feet from the radius point of said curve; thence North 49
degrees 03 minutes 58 seconds West 39.00 feet to point on a curve concave southeasterly, the radius point of said curve
being South 40 degrees 56 minutes 03 seconds West 435.00 feet from said point; thence southwesterly along soid curve
244.39 feet to a point on said curve, said point being South 08 degrees 44 minutes 39 seconds West 435.00 feet from the
rodius point of said curve; thence South 08 degrees 21 minutes 03 seconds West 70.00 feet; to a point on o curve concave
northerly, the radius point of said curve being South 03 degrees 21 minutes 23 seconds West 365.00 feet from said point;
thence westerly along said curve 34.80 feet to a point on said curve, said point being South 03 degrees 21 minutes 23
seconds West 365.00 feel from the radius point of said curve thence South 00 degrees 23 minutes 21 seconds Eost 158.83
feet to o point on the South line of said Quarter Section; thence South 89 degrees 36 minutes 39 seconds West along said
South line 675.28 feet to the place of beginning. Contoining 45.625 acres, more or less, subject to all legal highwoys,
rights -of -ways, easements, and restrictions of record.
EXHIBIT "A"
LAICSIDC PARK
7.
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SECTION ONE
LOT 7
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EXHIBIT "B" k --,1
RIGHT OF WAY ENCROACHMENT e___
EASEMENT ENCROACHMENT