Quail Glen Ct - Fairgreen Trace Phase II 200500059085
Filed for Record in
HAMILTON COUNTY, INDIANA
C n om JENNIFER J HAYDEN
Ue 09 -08 -2005 At 02:56 PM.
ENCROAC:HMNT 26.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
The Fairgreen Trace Homeowners' Association, Inc., 11614 Fairgreen Drive, 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 in the Fairgreen Trace
Phase II Subdivision 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 the Office of the Hamilton County
Recorder on October 19, 2001 as Instrument No. 200100067204, in Plat Cabinet No. 2, Slide No. 675 as
Fairgreen Trace, Phase 2; and
WHEREAS, Owner wishes to install an 8 -inch thick, 4,000 psi concrete apron (the "Apron 4 -6"
x 6" bollards (the "Bollards and a no parking sign (the "Sign in the existing median which is within
the right of way of the Trace, Phase 2 portion of Quail Glen Court (individually and collectively
referred to hereinafter as the "Site Modifications and
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WHEREAS, Owner has given the City sketches (the "Sketches depicting the proposed location
of the Site Modifications in the Right of Way, copies of which are attached hereto and incorporated herein
by this reference as Exhibit B and Exhibit C; and
WHEREAS, the Site Modifications will be constructed on a portion of the Real Estate designated
as dedicated public right of way (the "Right of Way identified as "Quail Glen Court" on Exhibit B and
Exhibit C; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Site Modifications will encroach (the
"Encroachments upon the 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 on or to the Right of Way, the Encroachments and/or the Site Modifications, or
otherwise, that are not set forth on Exhibit C; and
WHEREAS, the location of the Site Improvements and Encroachments, as indicated by the Owner
on the Sketches, 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:
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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 or allow to fall into disrepair the Site Modifications and /or the
Encroachments from what is depicted on Exhibits B and C.
4. Owner agrees that City shall have the right to remove any portion of the Site Modifications
as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility
lines, water mains /valves/hydrants, sanitary sewer mains /manholes 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 obligation to repair, replace or reimburse
Owner for the cost of any damages thereby caused to the Site Modifications 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
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Real Estate, the Encroachments or otherwise, which results directly or indirectly from the
Site Modifications and/or from any act of Owner, Owner's employees, officers, officials,
invitees, licensees or 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 Modifications.
7. Owner agrees to maintain at Owner's own cost and expense, and to the reasonable
satisfaction of City, the Site Improvements and all related medians, bollards, aprons, signs
and paving located within the cul -de -loop on Quail Glen Court.
8. Owner agrees to adhere to all City regulations and/or ordinances regarding permits, bonds
and all other procedures regarding the Site Improvements, the Encroachments, the Real
Estate and the construction and maintenance thereof.
9. 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.
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10. 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.
11. 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.
12. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
FAIRGREEN TRACE HOMEOWNERS' CITY OF CARMEL, INDIANA
ASSOCIATION, INC. BY AND THROUGH ITS BOARD OF
By: Richard S. Maurer, Secretary PUBLIC WORKS AND SAFETY
ich.rd S. Maurer es Brainard, Presiding Officer
SSN: Ogg %3 P ate: \S'
Date: (10 .E
Mary n urke, ember
Date: 'A)
I ,Ta
Lori W. tson, e 1 r
Date: `O .1'1 I Q
ATTES r!
sow
Be;
I r ler)�.]
D iana Cordray,
-Vh as f
Date: /l 7 y'
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yi.
STATE OF INDIANA N. v h
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared RICHARD S.
MAURER, Secretary of the Fairgreen Trace 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 thiso< 7 day of 200
4, o< ir-O-Ile4J
NOT A /YP 1LIC
My Commission Expires: v v6egy L k-
d o2._.0 Printed Name To
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 knowa ar ,kye lcpo to be,,h
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CO RA 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.
Witness my hand and Notarial Seal this day of ..T,ST 200,5
e ,lua
NOTARY PUBLIC
My Commission Expires:
e /9`o I Printed Name .,-,,:mop.:, y, u Q
My County of Residence: i'.:1 g n .r
7 `.t ig.t.:.. 1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Sgifac'c; Carmel,
Indiana46032.
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LEGAL DESCRIPTION
A part of the Southeast Quarter of Section 36 in Township 18
North, Range 3 East of Clay Township, Hamilton County,
Indiana, more particularly described as follows:
Portions of the dedicated right of way of Quail Glen Court,
adjacent to Lots 56, 57, 58, 59 and 60 in the Fairgreen Trace,
Phase 2 subdivision.
As recorded in the Office of the Hamilton County Recorder on:
October 19, 2001 in Plat Cabinet 2, Slide 675 as Instrument
#200100067204 as Fairgreen Trace, Phase 2.
EXHIBIT "A"
FAIRGREEN TRACE
52 53 PHASE lI
RIGHT OF WAY
50 GLE ENCROACHM NT a
49 J 48
8 42 N
47 'Mlle w
46 64 63 62 61 60 59 41 1
20 21 giOCK "0 37
C06!',!0� i AR
_A
19 22 PHASE I 36
o�
18 38 c
r 23
28 29 30 31 32
17 24 20 27
J
0
33 39 40
DETENTION 25 Fa; ^c,,:_ K
POND
n 11 10 9 8 6
5
BLOCK "C" 13 12 3 2 1
16
COMMON "B"
AREA 15 14 COMMON AREA
-North
EXHIBIT "B"
S/TE MAP
1
61
i
NORTH
4' 1
*ft iiilli'
c)
z 3
+a BC L�r. R.OS
60 r,I FOR HY: RAN
L' PROT=C'T:ON 1
FOR
CLOS ER T'rl.N 1
F- AA U_�3'TO H'r OR. NT
b CENTER.
C K.a7E2
YkCVa S;G.
1 1 It
.11...— 111 4;41° G Il
a rsA.�r W Q
SEtt �t.�fY
1 O z
z Q Or s +�rr aar Oil
t .�v HOLE _t
1
0 I 14r 1 0
2k 7
U
B I B t=
59 B-4-
..B 01,",„��
3' THICK
MIN 4000 PSI
CONCRETE
100' RIGHT OF WAY 441 56
58
1
57
EXHIBIT `SC"
A PM RIGHT OF WAY ENCROACHMENT