Shorecove Ct - Drees Homes 200400027800
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
C ENC 2004 At 12:27 pm.
ENCRACHMNT 24.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
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 67 "Lot with a common address of 13641
Shorecove Court, 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 255 as
Instrument #200300096181 in the Office of the Hamilton County Recorder on September 17, 2003 as
Lakeside Park, Section 2; 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 Shorecove Court on Exhibit B, and as Drainage, Utility Sewer
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Easement and Drainage Utility Easement (the "Easements identified as "Var. D.U. &S.E. 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, INNDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Re—S2&id
Andy J nhaC, Drees Premier Homes, Inc. James r inard, Presiding Officer
SSN: .7 f 6 7 ��i� te:
Date: 3 h 6
Mary Ann ur e, Member
Date: r
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Lori Wq Me.
Date:
Saner lift. Jo go,
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i:t'f a Clerk for
'!rna Cordray, IAMrt, Clerk- Treasurer
ate:
P`- -O
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P °1 F P P o
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STATE OF INDIANA
U SS:
COUNTY OF A' [(911
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 this64y of ID 20 CA
NOTARY PUBLI
My Commission Expires: I L._ 14 ei rYICifs
1 v
`Q ^CCU Printed Name E C
My County of Residence:
p l .t
P t
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 LORI WATSON, by me known aan,�,d m noya -ir to be the
Members of the City of Carmel Board of Public Works and Safety, and D IAN�.T�:"CO k RA7 lerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing• "C.onsent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 7 day of 1 20® y
NOTARY PUBLIC
My Commission Expires:
e ANN �Iva
l 1Y /02 Printed Name
My County of Residence: d.ZO.eJ.
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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EXHIBIT "B"
V/ RIGHT OF WAY ENCROACHMENT
r EASEMENT ENCROACHMENT
LAKESIDE PARK SUBDIVISION
SECTION TWO
I, the undersigned Registered Land Surveyor hereby certify that the included plat correctly represents a subdivision of
part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southwest corner of said Southeast Quarter Section, said point also being the Northwest corner of
The Lakes at Hoyden Run, Section Two, recorded as Instrument No. 2003 00079062 in Plot Cabinet 3, on Slide No. 224,
in the Office of the Recorder of Hamilton County, thence North 89 degrees 36 minutes 39 seconds East (assumed
bearing) along the South line of the said Quorter Section and North line of said The Lakes at Hoyden Run, Section Two,
675.28 feet to the POINT OF BEGINNING of this description; thence North 00 degrees 23 minutes 21 seconds West
158.83 feet to a point on o curve concave southerly, the radius point of said curve being South 03 degrees 21 minutes
23 seconds West 365.00 feet from said point; thence easterly along said curve 34.80 feet to the point of tongency of
said curve, said point being North 08 degrees 49 minutes 10 seconds East 365.00 feet from the radius point of said
curve; thence North 08 degrees 21 minutes 03 seconds East 70.00 feet to a point on o curve concave southwesterly,
the radius point of said curve being South 08 degrees 44 minutes 39 seconds West 435.00 feet from said point; thence
southeasterly along said curve 244.39 feet to the point of tangency of said curve, said point being North 40 degrees 56
minutes 03 seconds East 435.00 feet from the radius point of said curve; thence South 49 degrees 03 minutes 58
seconds Eost 39.00 feet to a point on a curve concave northerly, the radius point of said curve being North 40 degrees
56 minutes 50 seconds East 50.00 feet from said point; thence easterly along said curve 44.49 feet to the point of
tangency of said curve, said point being South 10 degrees 02 minutes 36 seconds East 50.00 feet from the radius point
of said curve, said point also being the point of curvature of a curve concave southerly, the radius point of said curve
being South 10 degrees 02 minutes 36 seconds East 85.00 feet from said point; thence easterly along said curve 19.18
feet to the point of tangency of said curve, said point being North 02 degrees 53 minutes 02 seconds East 85.00 feet
from the radius point of said curve, said point also being the point of curvature of a curve concave northwesterly, the
radius point of said curve being North 02 degrees 53 minutes 02 seconds East 50.00 feet from said point; thence
northeasterly along said curve 44.49 feet to the point of tangency of said curve, said point being South 48 degrees 06
minutes 30 seconds East 50.00 feet from the radius point of said curve; thence North 41 degrees 54 minutes 25
seconds East 188.37 feet to the point of curvature of a curve concave westerly, the radius point of said curve being
North 48 degrees 05 minutes 35 seconds West 265.00 feet from said point; thence northerly along said curve 214.80
feet to the point of tangency of said curve, said point being North 85 degrees 27 minutes 51 seconds East 265.00 feet
from the radius point of said curve; thence North 89 degrees 50 minutes 54 seconds East 491.41 feet; thence North
58 degrees 54 minutes 31 seconds East 237.23 feet; thence North 70 degrees 36 minutes 48 seconds East 86.38 feet;
thence North 11 degrees 24 minutes 44 seconds West 118.86 feet; thence North 78 degrees 35 minutes 16 seconds
East 46.74 feet to the point of curvature of a curve concave southwesterly, the radius point of said curve being South
11 degrees 24 minutes 44 seconds East 20.00 feet from said point; thence southeasterly along said curve 29.46 feet to
the point of tangency of said curve, said point being North 72 degrees 38 minutes 40 seconds East 20.00 feet from
the radius point of said curve; thence North 72 degrees 01 minutes 36 seconds East 50.01 feet; thence South 75
degrees 27 minutes 37 seconds East 173.24 feet; thence South 19 degrees 00 minutes 26 seconds East 371.42 feet;
thence South 04 degrees 21 minutes 22 seconds West 137.77 feet; thence South 40 degrees 22 minutes 34 seconds
West 177.83 feet; thence South 00 degrees 23 minutes 21 seconds East 43.38 feet to a point on the South line of the
soid Southeast Quorter Section; thence South 89 degrees 36 minutes 39 seconds West along soid South line 952.39
feet to the Northeast corner of said The Lakes at Hayden Run, Section Two; thence continuing South 89 degrees 36
minutes 39 seconds West along the said South line of said Quarter Section and along the North line of said The Lakes
of Hoyden Run, Section Two 665.01 feet to the place of beginning, containing 15.838 acres, more or less subject to all
legal highways, rights -of -ways, easements, and restrictions of record.
EXHIBIT "A"