Hawthorne at Carey - Foster Ridge HOA 2+)040+) +7 +6486
9 Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
01 -29-2004 At 03:12 pm.
ENCROACHMNT 26.00
CONSENT TO ENCROACH
APPROVED AS TO FORM SY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Foster Ridge Homeowners' Association, Inc., 3425 Foster Ridge Lane, Carmel, Hamilton County, Indiana
46033 "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 Foster Ridge
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 September 25, 1987, in Plat Book 14, Pages 105 -107 as Foster Ridge; and
WHEREAS, Owner wishes to construct a subdivision identification sign (the "Sign low voltage
lighting (the "Lighting and landscaping (the "Landscaping in the Right of Way of Hawthorne Drive
West at the Carey Road entrance median to the subdivision (individually and collectively referred to
hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City sketches "Sketches depicting the proposed location of
the Site Improvements in the Right of Way, copies of which are attached hereto and incorporated herein
by this reference as Exhibit A, Exhibit B and Exhibit C; and
WHEREAS, the Site Improvements will be constructed on a portion of the Real Estate designated
as dedicated public right of way (the "Right of Way identified as "70'R/W" on Exhibit A; and
[eb:nsword..\sharedtdhill forms fosterridgeconsent.doc:9 /22/03] 1
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Site Improvements will encroach (the
"Encroachment upon the Right of Way, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit A should
not materially interfere with the City's use of 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 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 Site Improvements and/or the Encroachment from what is depicted
on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
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, or for any
other lawful purpose, and that, should the City take such action, the City shall incur no
[eb:Irsword:z:\shared\dhill\ forms fos[emdgeconsent.doc:9 /22/03] 2
obligation to repair, replace or reimburse Owner for the cost of any damages thereby
caused to the Site Improvements 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 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 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 Right of Way and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
Site Improvements.
7. 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.
8. 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.
9. 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
[eb:msword.z \shared\dhill forms \fosterridgeconsent.doc:9 /22/03] 3
"OWNER" "CITY"
FOSTER ESTATES HOMEOWNERS' CITY OF CARMEL, INDIANA
ASSOCIATION, INC. BY AND THROUGH ITS BOARD OF
By: Mary Ann Putts, Authorized Representative PUB WORKS AND SAFETY
r
(2X1.1- I ..00tr
M. ry('nn Putts jCt e, e 2 ames Brainard, Presiding Officer
SSN: 33 e44 -1 '7v Date: •S
Date: /0 a 3.. e)3
Mary 1 Burke /Member
Date:
Lori Watson,/ emb-
Date: t/ C /rte
ATTEST:
ua��� M. .1 k\R1ISO 9
Diana Cordray, IAMC jer Treasurer
Date:
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
[eb:mswordz:�sharcd\dhill\ forms \fosterridgeconsent.doc:9 /22/03] 4
f
STATE OF INDIANA
SS:
COUNTY OF Vam„0,
Before me, a Notary Public in and for said County and State, personally appeared MARY ANN
PUTTS of the Foster Ridges Homeowners' Association, Inc., 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 �3 day of Y..4....e.✓ 2005
NOT 41' Y P LIC
My Commission Expires: 4_ i\74, A 4.- K
3 0/s4- cQ -7 2 0 Printed Narrie
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 *IX andb e known ;to.;'be;4;,the�,i
t11
Members of the City of Carmel Board of Public Works and Safety, and I�A -A 7. 4 erk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing;`Corisent:`t'o:.
Encroach" on behalf of the City of Carmel Indiana. a:;:
Witness my hand and Notarial Seal this�J day of 206.'
'r��• {fit
NOTARY PUBLICr
My Commission Expires:
(1 it Yl 'J a -�,.t S
l Printed Name
My County of Residence: PA 1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb:msword:zasharcdtdhill forms \fosterridgeconsent.doc:9 /22/03] 5
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REF. EXHIBITS B C
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N N N AND SIGN DETAILS
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CARE ROAD
FOSTER RIDGE SUBDIVISION
ENTRANCE PLAN
EXHIBIT "A"
V ENCROACHMENT
CER I FI CATE OF SURVEY
I, THE UW=MS I G3 ifl HERBY cmnry THAT THE WI THI?t PLAT IS TRUE AND
QpRREO'T AND IMPTLESENTS PART OF THE NORTHwEST QUARTER OF SECTION 20,
TOWDN SHI P 18 NoRTE, LA»G I 4 EAST IN HA `I LTO N COUN i'Y INDIANA, RZ I?l G
2 0 RE PARTICULARLY DESCRIBED AS 70 L..OWS
BEGINNING AT Tffi SOUTHWEST CORNER OF SAID NORTHWEST QUi.RTXR SECTION;
THENCE SOUTH 89 DEGRE..._S 13 MINUTES 06 S L CO NDS EAST T ALA N G THE S O U'I N
LINE TSERDDP A DISTANC! OF 1322.51 FZ.r r TO THE SOUTHEAST CORNER OF THE
WEST HALF OF SAID QUARTER; THENCE NOR H 00 DEGREES 01
xrN'OTES 13 SECONDS EAST AIONC I EE EAST LINE OF SAID WEST HALF-QUARTER
SECTION A DISTINCal OF 1073.00 7 TO THE SOUTH RIt.11T OF WAY LINE OF
THE INDIANAPOLIS NCRTHERY TRACTION COPQANY THENCE SOUTH 66 DEGREES 25
MINUTES 56 S E COHDB WEsT AIAWG SAID SOUTE RIGHT OF WAY LINE A DISTANCE
OF 1443.16 FEE" TO THE WEST LINE OP SAID NORTHWEST QUARTER SECTION;
THENCE SOUTH 00 DEG R=S 00 MINUTES 00 SECONDS EAST ALONG SAID W ST
LINE A DISTANCE OF 478.70 FEET TO THE POINT OF BEGINNING, CONTAINING
23.55 ACR.F -S MOBI OR LESS.
THIS SUBDIVISZON CONSISTS OF 50 LOTS NUMBERED 1 THROUGH 50 BOTH
INCIAS IVE TOCI=2 WITH S L'RE3 TS EASEMENTS AND PUBLIC WAYS AS SHOVN
ON THE WITHIN FLT
THE SIZE OF LOTS S IND lI DTHS OF STREETS AND EASEMENT'S ARE SHOWN Ix
FIGURES DENOTING FE87 )JD DECIMAL PARTS THERE0 F
fT NES5 NY s 1 caastna THIS 051-4 DAY OF CE13 QOn £K 1987.
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EXHIBIT "A"
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EXHIBIT "B"
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ENTRANCE SIGN