Townhomes at Hunter Creek - Estridge Corp CP 200400033789
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
05-19-2004 At 09:34 am.
ENCROACHMNT 32.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Estridge Development Company, Inc., 1041 West Main 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, Owner owns in fee simple 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 Townhomes at Hunters Creek, which is located within the corporate
limits of the City of Carmel, Indiana; and
WHEREAS, the official deed of the Real Estate was recorded in the Office of the Hamilton
County Recorder on December 10, 2003 as Parcel #17- 09- 24- 00 -00- 044.001 and as Instrument
#200300123901; 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
reference as Exhibits "B", "C", "D", "E" and "F and
WHEREAS, the System will be constructed on a portion of the Lot designated as Drainage, Utility
Sewer Easements, Landscape Signage Easements and Access Easements (the "Easements and as
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Public Right of Way (the "Right of Way identified as D.U. S.E. L.S. A.E." and as Marana
Drive and Rohrer Road on the Sketches;
WHEREAS, the Easements and the Right of Way are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the System will encroach (the "Encroachments upon
the Easements and 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 of existing or
future improvements not indicated by Owner on the Sketches; and
WHEREAS, the installation of the System as proposed by the Owner on the Sketches should not
materially interfere with the City's use of the Easements and/or 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
(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 the
Sketches.
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4. Owner agrees that City shall have the right to remove any portion of the System as City
Y g YP Y Y
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 Easements and/or 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 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.
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 Easements and/or the Right of Way
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 Easements and/or 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 Easements and /or 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 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"
ESTRIDGE DEVELOPMENT CITY OF CARMEL, INDIANA
COMP Y, BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Mare A. Webber, D ector of Townhomes James Brainard, Presiding Officer
S, Oa Vi i.E 19 Ct't'L( Nafrra2i49 Date: .5 ,S` c
T *01
ate: 2
M ry Ann Burke, Member
Date:
J f
Lori Watson, e f .er
Date: q -7
RETURN ORIGINAL TO: I s CV
SANDRA JOHNSON AT ST: s.
CITY OF CARMEL it, 4 i
ONE CIVIC SQUARE
CARMEL IN 46032 Diana Cordr 1 MC,k- Treasurer
Date: Oe
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4'.a ail t
STATE OF INDIANA 'tr
SS
COUNTY OF A4
Before me, a Notary Public in and for said County and State, personally appeared MARK A.
WEBBER, Director of Townhomes for Estridge Development Company, 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 this /5 of 200y.
N AR PUBLIC
My Commission Expires:
ie/a/y J e b S7"/ 0 �i /r frn a?0// Printed Nme
My County of Residence:
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 know a anyl bY me 1pulwn to 4e-,At e Members of the City of Carmel Board of Public Works and Safety, and IA A L. CO er
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana. p
is
Witness my hand and Notarial Seal this day of �0
.4 l
NOTARY PUBLIC
My Commission Expires: 77V r k.
/Nit/ 3 w
1 7 1 94k Printed Name `r, :Y
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F :�titl•
My County of Residence: /f,4`!9 /.CTD42
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LEGAL DESCRIPTION
RECORD DESCRIPTION (INSTRUMENT #200200096320)
Part of the Southwest Quarter of Section 24, Township 18 North, Range 3 East, in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Northeast corner of the Southwest Quarter of Section 24, Township 18 North, Range
3 East, in Hamilton County, Indiana; thence South 00 degrees 06 minutes 42 seconds Eost (assumed
bearing) on the East line of said Southwest Quarter 1451.11 feet; thence North 88 degrees 00 minutes
00 seconds West 40.03 feet to the true point of beginning for the tract herein described; thence North
88 degrees 00 minutes 00 seconds West 715.00 feet; thence South 01 degree 03 minutes 53 seconds
East 201.80 feet; thence South 62 degrees 24 minutes 21 seconds East 324.67 feet; thence South 88
degrees 00 minutes 00 seconds East 367.87 feet to the northwesterly right —of —way line for U.S.
Highway 31 per Warranty Deed recorded in Deed Record 248, page 216 in the Office of the Recorder of
Homilton County, Indiana; thence North 16 degrees 54 minutes 30 seconds East on said northwesterly
right —of —way line 198.45 feet; thence North 00 degrees 06 minutes 42 seconds West porollel with East
line of said Southwest Quarter 150.10 feet to the point of beginning, containing 5.00 acres, more or
less.
EXHIBIT "A"
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EXHIBIT "B"
LOCATION MAP
THE TOWNHOMES AT HUNTERS CREEK
IRRIGATION ENCROACHMENT EXHIBIT
3 MARANA DRIVE
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LOCKERBIE PLACE 1 I
EXHIBIT "C"
LOCATION MAP 1
RIGHT OF WAY ENCROACHMENT
EASEMENT ENCROACHMENT
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EXHIBIT "D"
LOCATION MAP 2
RIGHT OF WAY ENCROACHMENT
EASEMENT ENCROACHMENT
LOCKERBIE PLACE
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EXHIBIT "E"
LOCATION MAP 3
RIGHT OF WAY ENCROACHMENT
.EASEMENT ENCROACHMENT
LOCKERBIE PLACE
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EXHIBIT "F"
LOCATION MAP 4
.RIGHT OF WAY ENCROACHMENT
EASEMENT ENCROACHMENT