The Overlook at Hazel Dell Corner - GB Hazel Dell Property t `t00400 033784
Filed for Record in
HAMILTON COUNTY INDIANA JENNIFER 5-19 -8004 At 09 :34 am.
ENCROACHMNT 29.00
CONSENT TO ENCROACH
APPROVED AS TO FORM B
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, Hamilton County, Indiana
46240 "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
,bp
Estate commonly known as The Overlook at Hazel Dell Corner, Indianapolis, Indiana, 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 26, 2002 as Instrument Number 2002 100959 and the official plat of the
Subdivision was recorded in Plat Cabinet 3 Slide Number 175 and Instrument Number 200300049519
in the office of the Hamilton County Recorder on May 22, 2003, as the Overlook at Hazel Dell Corner,
Lot #1; 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 is attached hereto and incorporated herein by this
reference as Exhibit `B Exhibit "C" and Exhibit "D and
[eb.msword:z:\share&& ill\ forms\ hdoverlookwrigatIonconsent doc 4 /51041 1
WHEREAS, the System will be constructed on a portion of the Lot designated as Drainage, Utility
Sewer Easement, Greenbelt Easement and Landscape and Drainage Easements (the "Easements and
as Public Right of Way (the "Right of Way identified as "20' DU &SE, 30' Greenbelt DU &SE, and
25' Landscape and Drainage Easement" and as 131 Street and as Hazel Dell Parkway on Exhibits "B
C "D
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 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 not indicated by Owner on Exhibit "C" and "D and
WHEREAS, the installation of the System as proposed by the Owner on Exhibit "C" and "D"
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
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otherwise change the System and/or the Encroachments from what are depicted on Exhibit
"C" and "D
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 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 Easements and /or 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.
[eb.nmsword:z:\shared\dhill\ forms \hdoverlookirrigationconsentdoc :4/5/04] 3
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
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
(eb:msword.z.\shared\dhill\ forms\ hdoverlookirrigationconsent .doc:4 /5/04] 4
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.
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"
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 Liabi l omp. y, its ole James Brainard, Presiding Officer
Date: S
r J
By: 7
Thomas M. Crowley, a ,*#9c Nary Ann Burke, Member
F£ D D..r 4 C.9) 388 ?0 ate:
Date: i /f v
,i%-
Lori atson, e ber
ORIGINAL TO: Dat- S S O
RETURN
SA NDRA JOHNS APPM ON AT TEST: J --0 CITY OF CA RM E De ty CIesk
ONE C IVI SO 32 1
REL IN 460
CA M Diana Cordray,. f C, Jerk- Treasurer
Date: 1.6 D I-
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STATE OF INDIANA
SS:
COUNTY OF Nant,7teA
Before me, a No Public in and for said County and State, personally appeared THOMAS M.
CRO EY, o .B. Investments II, LLC, an Indiana limited liability company, the sole member
of G. Hazel Dell Property, LLC, an Indiana limited liability 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
y /4: day of 4, 20 0 V.
gfik. fixed
NOTARY PUBLIC
My Commission Expires:
/4_0: �a
4 9
Printed ame
PHYLLtS A O'NEAL
NOTARY PUBLIC STATE OF INDIANA 1 4 t p
HANCOCK COUNTY My County of Residence:
MY COMM SSIC_N ExP JA N.1o,,1X 1- 47 rE
0 4 1
2 Co
STATE OF INDIANA
SS: S�'�'
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 kno ���d b me known tq be
Members of the City of Carmel Board of Public Works and Safety, andIANA- &rgAY�
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the forpgging•`•`Gonssnt,To
Encroach" on behalf of the City of Carmel, Indiana. rL::
rx may .I f�
Witness my hand and Notarial Seal this 0 day of :2Q.O JA
NOTARY PUBLIC;
My Commission Expires: `9
44/ 009- 1/."''.I
17/ S Printed Name
My County of Residence: 9/!2, 7Td Al
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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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
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SEC 75-7 -R4E
A55 RL. T WATER IINE LOCATED
AO Pn'O.LCT SE CCR, NE 1/4,
PER SN CIDER CORPORATION PLANS. 5, O
PA O! /964 SEC 16 -118N-R4E
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t CITY Of CARNEL WATER PANT IS LOCATED 4474104 LANOSCAP■HO. NO PONT SET Ca POUND
CEP/RINE/4T PLANS
THE OVERLOOK SCALE: 1• -60' SHEET NO.
AMERICAN CONSULTING, INC. DATE: 04/24/03
6 Architects 7260 SHADELAND STATION DRAWN BT: KA)/ e1
Consultants INDIANAPOLIS, IN 46256.3917
Engineers (317) 547-5580 FAX: (317) 543- 0270 0-,,,.0. 131-. 0CC
Copyright (C) 1966 -2003 by American Consulting, Inc. .)CB N0. 1N2003.0113
EXHIBIT "B"
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EXHIBIT "C"
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SEC 213-TIBN-R4