The Overlook - GB Hazel Dell Property y' .l 2003(30059353
lQ0 Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
06 20 -2003 At 11:04 am.
ENCROACHMNT 26,00
CONSENT TO ENCROACH APPROVED, AS TO
FORM dY.
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and
between GB Hazel Dell Property, LLC, 600 East 96 Street, Suite 150, Indianapolis, Indiana
46240, Hamilton County, Indiana "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 Exhibits "A" attached hereto and incorporated herein by reference
"Real Estate commonly known as The Overlook, which is located within the corporate limits
of the City of Carmel, Indiana;
WHEREAS, the official deed for the Real Estate was recorded in the office of the Office
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of the Hamilton County Recorder on December 26, 2002 as Instrument Number 2002
WHEREAS, Owner wishes to install certain parking lots and pavement, a dumpster pad,
and a sidewalk on the Real Estate;
WHEREAS, as indicated by cross hatching on the sketch plan attached hereto and
incorporated herein by reference as Exhibit `B" (the "Sketch (i) that certain pavement
encroaches into the City's 20' DU &SE easement on the north side and the City's 30' DU &SE
easement on the south side and southeast side of the Real Estate, (ii) that certain pavement and a
dumpster pad encroach into the City's 20' DU &SE easement on the west side of the Real Estate,
(iii) that certain sidewalk encroaches into the City's 30' greenbelt and DU &SE easement and the
City's 25' landscape and drainage easement on the east side of the Real Estate, and (iv) that
certain sidewalk encroaches into the City's 30' Greenbelt easement on the south side of the Real
Estate (these encroachments are hereinafter collectively referred to as the "Encroachments
WHEREAS, Owner and City acknowledge the extent and location of the Encroachments;
and
WHEREAS, the location of the Encroachments should not materially interfere with the
City's use of the aforesaid 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
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 any or all of the Encroachments from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove any portion of the aforementioned
pavement, dumpster pad, sidewalk and /or otherwise remove the Encroachments as City
deems necessary, in City's sole discretion, to install, protect and/or repair any utility
lines, sewer lines, landscaping and/or drainage ditches located in any or all of the
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aforesaid 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 aforementioned pavement, dumpster pad,
sidewalk and/or otherwise to the Encroachments.
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 action or
inaction of the Owner, its employees, officers, officials, invitees, licensees and/or agents,
regarding or related to the Encroachments and/or this Agreement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair any damage to the aforementioned easements on the Real Estate and any
improvements located thereon caused by the installation, construction, maintenance
and/or operation of the Encroachments, or due to Owner's other obligations,
responsibilities, actions or inactions under or pursuant to this Agreement.
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.
3
8. The parties 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 the last party hereto executes
same.
"OWNER" "CITY"
G.B. HAZEL DELL PROPERTY, LLC CITY OF CARMEL, INDIANA
AN INDIANA LIMITED LIABILITY BY AND THROUGH ITS BOARD OF
COMPANY PUBLIC WORKS AND SAFETY
By:. G.B. Investments II, LLC, an Indiana
limited liability corn.. y, its sole
member' James Brainard, Presiding Officer
Date:
B
Thomas M. Crowley, Trustee
Date: 5 /A3
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana Cordray, IAMC, Clerk- Treasurer
Date:
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STATE OF INDIANA
SS
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
THOMAS M. CROWLEY, Trustee of G.B. Investments II, LLC, an Indiana limited liability
company, the sole member of G.B. Hazel Dell Property, LLC, an Indiana limited liabiltiy
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 8 day of May, 2003.
l Commission Expires:
N.o.
ar Public
y
My C untyof Residence:
Printed Name
BRENDA S YOUNG P
NOTARY PUBLIC STATE OF Tmni AMA
HENDRICKG 0 ,4� L ,r�
MYCOMMISST0i
0
ti
SEA
IN
5
8. The parties 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 the last party hereto executes
same.
"OWNER" "CITY„
G.B. HAZEL DELL PROPERTY, LLC CITY OF CARMEL, INDIANA
AN INDIANA LIMITED LIABILITY BY AND THROUGH ITS BOARD OF
COMPANY PUBLIC WORKS AND SAFETY
By: G.B. Investments II, LLC, an Indiana
limited liability corn.. y, its sole member "lee mes Brainard Presiding Officer
Date: Brainard;
By: 4. 7.
Thomas M. Crowley, Trustee
Date: /j
Mary A urke, Member
Date: S 0 3
Lori Watson, Membe
Date: 1 S7
ATTE
L
Diana Cordra ,clerk -T urer
Date:
Te60(1 V
.3 a.ncir J`ohn5on
C;- 1-y a f C a
Ca revel 44p 03 4
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, and by me
known to be the Members of the City of Carmel Board of Public Works and Safety, and
DIANA L. CORDRAY, Clerk 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 Z day of May, 2003.
M Commission Expires:
Notary Public •w
My County of Residence: and rei M Jo hhoon x 1
Printed Name
This instrument was prepared by Charles D. Frankenberger, Nelson Frankenberger, 3021 East
98 Street, Suite 220, Indianapolis, Indiana 46280.
H:Uanet \Gershman \131 Hazel Dell \Consent to Encroach.doc
6
EXHIBIT "A"
Legal Description
Part of the Northeast Quarter of Section Twenty -Eight in Township Eighteen North, Range Four
East in Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of said Northeast Quarter; thence North 89 degrees 35
minutes 24 seconds West (assumed bearing) along the South line of said Northeast Quarter
Section a distance of 325.00 feet; thence North 00 degrees 20 minutes 43 seconds East, parallel
with the East line of said Northeast Quarter, a distance of 45.00 feet to the point of beginning;
thence continuing North 00 degrees 20 minutes 43 seconds East, parallel with said East line, a
distance of 285.00 feet; thence South 89 degrees 35 minutes 24 seconds East, parallel with said
South Line, a distance of 265.00 feet; thence South 00 degrees 20 minutes 43 seconds West
parallel with said East Line, a distance of 227.93 feet; thence South 46 degrees 50 minutes 54
seconds West, a distance of 82.82 feet; thence North 89 degrees 35 minutes 24 seconds West,
parallel with said South Line, a distance of 204.92 feet to the BEGINNING POINT, containing
1.694 acres, more or less.
Together with non exclusive easements for ingress, egress and utilities as set forth in Declaration
of Restrictions and Easements dated September 5, 2000, and recorded September 7, 2000, as
Instrument Number 200000044612.
H:Uanet \Gershman \131 Hazel Dell \Consent to Encroach.doc
7
EXHIBIT "B"
I BAR PER ROAD PROJECT
1 I Ir RE
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ENCROACHMENT INTO GREENBELT /DRAINAGE it UTILITY EASEMENT I 1 CB
ZIP
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PER 1HE SCH NEIDER CORPORATION tj i
31 P LANS PR OJ /904.60
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3CY SERVICE D07 EASE COMM AREA
0.379 ACRES 44 PER INST. 20000004 8200000044613 I I lvga
I W5T 110000044812 ITEMS 18 8 d 19 I
I K (014440
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1 58r353a-t 265.00' ID) 5891.232t (N 1 1 Jowl)
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3 45.00 (0)1 COMMUMTV WALNNG PATH 131st STREET (PUBLIC) 1
4100 03351 (N) LOCATED TWTHN ROAD 4 r{
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1��)y� °j�}�N89 573T (M) 1 325.00
N89 2 IV 2865 1— 0i1°) �50UTH LNE OF
CDR, NE 1 /a, SE CDR, NE 1/4,
0=0 14441.441 5EC 28- n8N -R4E
ii <I PROJECT WATER UNE LOCATED SE CDR, NE 1/4,
PER THE SCHNEIDER CORPORATION 4
PLANS, PROJ /904.60 SEC 28 -116N -ROE
CALL. POSITION BASED ON SURVEY FOR ROAD PROJECT
s d CITY Or CARMEL WATER PONT 15 LOCATED WHIN LANDSCAPING, NO POINT SET OR FOUND
I DEPARTMENT PLANS
A
A THE OVERLOOK SCALE: 14 -60' SHEET N0.
i A AMERICAN CONSULTING, INC. DATE: 04/24/03
1 Architects 7260 SHADELAND STATION DRAWN B1: KAM
Consultants INDIANAPOLIS, IN 46256-3917 C OB D, BY: DCG
EXe
Engineers (317) 547.5580 FAX: (317) 543 -0270
Copyright (C) 1966 2003 by American Consulting, Inc. ,roe N0. 1N2003.0(13 of