Kingswood Sec 4 - Kingswood HOA 200500037915
Filed for Record in
HAPIILTON COUNTY, INDIANA
JENNIFER J HAYDEN
06 -20 -20135 At 11:04 am.
ENCROACHMNT 29.00
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Kingswood Homeowners' Association, Inc., P.O. Box 234, Carmel, Indiana 46032, an Indiana non profit
corporation, "Owner and the City of Cannel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety "City
WITNESSETH:
WHEREAS, The City owns certain real estate "Real Estate adjacent to the Kingswood
Subdivision (Subdivision), located within the corporate limits of the City of Carrel, Indiana, which real
estate, having been designated as public Right -of -Way by plat and identified as Gray Road is more
particularly described in Exhibit A; attached hereto and incorporated herein by reference; and
WHEREAS, the official plats of the Subdivision were recorded in the Office of the Hamilton
County Recorder on September 24, 1987, in Plat Book 14, Pages 99 and Pages 102 -104 as Instrument
Numbers 8743223 and 8743224, and as Kingswood, Section 1 and Section 2 respectively; and on April
20, 1989, in Plat Cabinet 1, Slide Number 14 as Instrument Number 8907974, and as Kingswood, Section
4; and
WHEREAS, Owner owns and maintains various above and below grade improvements, including
an irrigation system (the "Improvements on the Real Estate; and
WHEREAS, Owner has given the City sketches (the "Sketches depicting the location of the
Improvements on the Real Estate, a copy of which is attached hereto and incorporated herein by this
eb.nuwords:\Ipickett\fortra \consents to encroach\kingswood hoa consent.doc:3 /14/05] 1
reference as Exhibit B,_Pages 1 through 3; and
WHEREAS, the Improvements are constructed on a portion of the Real Estate as indicated on the
Sketches of Exhibit.B;
WHEREAS the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated by cross hatching on the Sketches, the Improvements encroach (the
"Encroachments upon the Right of Way; 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 that are either owned or maintained by the Homeowners' Association and are not
indicated by Owner on the Sketches of Exhibit B; and
WHEREAS, the presence of the Improvements on the Sketches of Exhibit B 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 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
[eb:mswords:\Ipickett forms \consents to encroach\kingswood hoa consent.doc:3 /14/05] 2
otherwise change the Improvements and /or the Encroachments from what are depicted on
the Sketches of Exhibit B.
4. Owner agrees that City shall have the right to remove any portion of the Improvements as
City deems necessary, in City's sole discretion, for road improvement projects, 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 obligation to repair, replace or reimburse Owner for the cost
of any damages thereby caused to the 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 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 Improvements 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 Right of Way and /or any improvements
located therein caused by the installation, construction, maintenance or operation of the
Improvements.
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 Improvements.
(eb:tnsword:s:Upickett \forms \consents to encroach\kingswood hod consent doc3 /14/05] 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 maintenance and operation of the Improvements in 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 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
Improvements, 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 Improvements.
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 cost and
expense.
eb: nswords:Upickett \forns\consents to encroach\kingswood hoa consent.doc:3 /14/05] 4
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 the last party hereto executes same.
"OWNER" "CITY"
KINGSWOOD HOMEOWNERS' CITY OF CARMEL, INDIANA
ASSOCIATION, BY AND THROUGH: BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
£4 d•
.'eff 'son President, Kingswood OA es Brainard, Presiding Officer
'S N: D: e: .I 4
sate: Z JIM,/
Mary Ann rre, M�mbe
Date:
Lori Watson, Member 1J 0 T Prese -nt
Date:
ATTEST:
yiL.112,■07g,640
iana Cordra I MC erk- Treasurer
Date: Q 12 1)
Return to:
Sandra Johnson
City of Carmel —e Clerk Treasurer's Office
One Civic Square
Carmel, IN 46032
eb :mswords:Upickett \formsskonsems to encroach\kingswood hoa consent.doc:4 /15/05] 5
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and a
ry C ty d St te, personally appeared JEFF HUDSON,
President of the •ingswood Homeowners' Association, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed. 0 0 1
Witness my hand and Notarial Seal this 2 2ndday of APRIL 20 05. 1. x.14. v
r R3 P SV 6L.
NOTAR PUBLI
My Commission Expires:
IDA M. SMITH N A t a
JULY 29,2012 Printed Name
My County of Residence: MARION
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 knoww, .d1by a o sn to. the
Members of the City of Carmel Board of Public Works and Safety, and IANA L. CORRh Clerk1
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Co 'i'Tor
Encroach" on behalf of the City of Carmel, Indiana. 6
Witness my hand and Notarial Seal this 1 day of �l-.YLlL 200 fit r_
INDIAPJA �'>K
NOTARY PUBLIC
My Commission Expires:
ag//h 705- Printed Name
My County of Residence: c -r
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One ivic Square, Cannel,
Indiana 46032.
[eb.mswords: \Ipickett forms \consents to encroach\kingswood hoa consent.doc 4 /15/05] 6
LEGAL DESCRIPTION
Part of the Northwest and Southwest Quarters of Section 4,
Township 17 North, Range 4 East, in Clay Township,
Hamilton County, Indiana
All of the platted/ dedicated Right of Way of Gray Road
included with Section 1, Section 2 and Section 4 of the
Kingswood Subdivision as recorded in the Office of the
Hamilton County Recorder as follows:
Section 1: Recorded on September 24, 1987 in Plat Book 14,
Page 99 as Instrument #8743223.
Section 2: Recorded on September 24, 1987 in Plat Book 14,
Pages 102 -104 as Instrument #8743224.
Section 4: Recorded on April 20, 1989 in Plat Cabinet 1, Slide
Number 14 as Instrument #8907974.
EXHIBIT "A"
cci
0
ob
b
6 g2 44.00' 158.00' L20' C
al
D DE
O k*s .1 ;1« 1 14
13 2 (18015 S.F
(26231 S.F.) o� f
I I
1 .J ti
6,
Ir L el
.x) ik II co 1
k. 1 1 2 b (24074 S.F.)
p 1 G Z ^0 9
I 0
Z O Lo P' G`'
0
7. Z A i° 14 P O Z 7
N 1 O 0
72 P
33• M 0.
AO
4/
I co
0,
J 3 J
n 11 V 5
(16152 S.F.) o
NING (18088 S.F
I.W.; /4 4
J 4F 141.49' H N
S 89' 54' S7• w I S 77.
1 m 1 1 I 14 2 S
10 m o �o 1
I (13554 S.F.) 1 W 2 1 a
O I N' w N 1� 'p,
A I J n o r 13062
135 3
11 7.3 U.E.
II0' ti R Pp
S4_ 7 W 60 8i• p
si
ZS' U.E. 1 i 125.81
co. T i 28 SE•
,a
3 .i 9 53.77 k
rn J
c At (20 S.F 7
o ��`A i 00 (23879 S.1
o
0 1 25' U.E. B SE. S ru
r 0 yh 8 'te Exhibit ".B Page 1
j 46,1∎ (22522 S.F.) N m
I
J 4 i li____
35' B.L---�_ -T
I
1 40' L.. B WX
I Q '10 S E. NONACCESS EASEMENT
I....� `41.06' 0 T 219.77' —A79100
111 299.77' m
IIP. S 89' 54' 57 W
b
n
S 89' 54' 57" W _,k__.
300.78'
300.78'
N.W.COR.S.W.U4 N 89
SEC. 4- 17N -4E off 58_77
i io Noluccess EASEMENT o .40• LS. 8 W.M.E.
398.09' 1141 S'B.L.
BEGINNING di' A 1
P
A
OINT 4 a o
p a I N (24182 70 d V
•al by the Board of 24182 S.F.) o (25829 S.
of the City of
:e held on the r 4 I s:
,1987. 4 too
1 mow N 4' 'CO.
OI CW 1 3 10
2 68 5 .5.,
00 7O j3Z
as 14566 S. ,)f
1 c~ o 1 a 5 RAD.
2
thorny provided by 71
.L. 309 enacted by 1 1 )(13041 e state of Indiana, 1 h A 291' y or supplementary taw- =e adopted by the 89 57 W
of Carmel, Indiana e w.
rval by the City of a te
1 7.5' U.E. =.a e3 4c o
o i 67 I so -NJ 1zs.o,
an Commission at a
1987. 11∎ o (13966 S
Plan Commission m
1 m
m o�
I 1 40 64' 1 N
3 72
f 5 B9' S4' S7' W 1 o 0 o I 17501 S.F
N 6 6 I .8 U L 35_B.L.
w
481 (14 059 S.F.) I N o Q
3 F�. I N i
25.01'
.10, 40 1 2.-
t 140.54 3
I S 69' 54' 57 Si 1
o 3 I •J 10 S.E, I 1 b
I o 1
of Survey k (14049 S.F.) I o Z m
o
Z .4-1 I V o N I .�5 B.
that the within plat is true and I o
-Q m I
Southwest Quarter of Section 4, 7.3' U.E. F
t in Hamilton County, Indiana, i 140 T h 8 m I 44
follows: 5 89' 54` 57' 1.0-e 1.0-e z 1 (20739
V 35'
trier s Southwest Quarter; 0 50' R!W
47 seconds East, along •tt he e west I o
1.89 feet to the Beginning Point; I I
57 seconds East 300.38 feet to a 6
t, the radius point of, which bears 1
onds East; thence Easterly, along1 I (1660 S.F.) i u m 6 AC'
.n[ which bears North 17 degrees 1 M 14 75 6 6. 69
kid radius point; thence South 72 A w
st 182.66 feet; thence North 17 Ia l
st 188.14 feet; thence South 72 u 1 1
ist 82.51 feet; thence North 90
st 384.00 feet; thence South 00 15tA9 AC' 176
5
.st 138.59 feet; thence South 07
t I o g6
cst 50.28 feet; thence South 00 4 l� 75 O.
at 278.88 feet; thence South 01 F 1.', cst 50.04 fret; thence South 00 o
st 330.00 fret; thence South 89 z `o
est 63.91 feet; thence South 00 1 �9
135.00 fret to the South lint of ��r� 3
i c, s0
Quarter; thence South 89 degrees 63 s
hc said South line, 1164.68 feet to I z tWi1 w C d rv0
Half of said Southwest Quartcr; w= (22694 S,F e,
s 47 seconds West, along the said I Qa
ing Point, containing 26.225 acres, 1 NF q S,p
m z o
z
numbered 22 through 75, together -tom
V n ci a o
Exhibit "B Page 2
lays as shown on the within plat. •y
1. B0.3
Is and casements arc shown in <a
arts thereof. k,41 I c .1/
Jay of M 6 1967. I 11 I .9'7, ti .9/ to o
(31711 S.F.) �,,4 I /,cp..,./
61
I i (1844
0
S.W.COR.N.I /2 S.W.I /4 r m
SEC. 4- 17N -4E 1 1 Tt 1 158.38
188.30'
0ECTIONS APE ROUNDED WITH AN ARC
IONS SHOWN ARE 70 P.I. OF CURVE.
e trs -4 r
c-- rN t-,
t.-1
A
v,.--4,4,
N ,1404:1"41,,t
..„_.....i.
[5 4:1 154 Ita
'via
c4cia.
4 i 5 6 T S 1..
1 I 1,
5 4 8 I i i
*V t.•
P.14 ---I R
N. 1
4 0 g
4 4;1 4
4 11 11 0 20
%Alt ,,:i 2,,
WPAO I
er, 4EM., .s
in .4 I GT.-62 --j-- ut. 0
gi .e.
■V
cc P#4!
66 198 1
01 040 1
4 i 199
ittr ■4t■
IX Aredi :I a
0 0 i
el
.0 1 1E4 1 g (7
IV 11
I+ 2 I i r irtA 1
5
p
9, RISER ky 1 ---c55
Frisr 2 p,,.E
ktVtiareg Li'Z'octi if r 3-3- D. 1,3.47 N m 2 'PI icaccr R Z.
r i do 4 0, I! -425.4r— &UV' k c one-- ------w
Lilfrit RISER N
I Vir
.1k+ ll
t i:l.i:E7
Feza
P
.;*.41 58.0 I MEJ I 1-57e I 156.01 1S3. 31 52.,1 E
i:
104 1 011 1 j I i 13 g t
9 0114101 5 5 '7. 5 if 3 I
ilu 4 1 L 54.
T
,10,11 1. 169 i 190
191
l i
pont i
0%
1 f g 10' VE tO
I
A 11 125.47 moo' L moo'
Ni■ N'
I
...r.■... CREEK R 2+0
W000 i+� CE
3 Fi g. X DRIVE 340 k. Cal"
Wo
i k
i••.1406-_. I .4 -4; 5.1 4 I
_raj. (TA__ Ain,
.AP 7211/1.7'
1
°04 IN
.10,4; Di 130N'
w- cl.
_a 19_7'448' 1
F-- 20 SE VE
r i.... i
I) 187 186
,:'?T "C I Z f
60 Iii I) 0 5 20 2 54, 2 o
1. Al IV!
Exhibit "B", Page 3 8 0. ti. 0
A. ■11- hy
44.: n.r.
1■0 8 S• UE
s s..s.D.-N
.g f
f 65E5 A 2 V" DE 100 76 3,- it!
o ii r■
I
0 f •-r N '11
'7 id
i., 4,„." KINGSWOOO S
i a- R 1
1 1./t“'b). iv
r
STORM SEWER