4829 Windrift Way - Pearson Group 4 -'01 2 0040 00 33 788
r.(t\ Filed for Record
H NA CROACHMNT in
EN
CONSENT TO ENCROACH APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Pearson Group, LLC, P.O. Box 1275, Carmel, Hamilton County, Indiana 46082 "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 Lot Number 36 "Lot with a common address of 4829
Windrift Way, Carmel, Hamilton County, Indiana 46033, in the Windpointe Subdivision which is 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 Plat Cabinet 1, Slide Number 363,
Instrument Number 9349813, in the Office of the Hamilton County Recorder on October 13, 1993, as
Windpointe; and
WHEREAS, Owner wishes to construct a retaining wall and concrete driveway "Improvements
on the Lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Improvements will be constructed on a portion of the Lot designated as a
Drainage, Utility and Sewer Easement, identified as "15' Drainage, Utility Sewer Easement" on Exhibit
B; and
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WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Improvements will encroach (the "Encroachment
upon the Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easement.
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 from what is depicted on 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, to install, protect and/or repair any utility
lines, sewer lines or drainage ditches located in the Easement, or for any other lawful
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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. It is solely the Owner's obligation to ensure that the Improvements do not impede drainage
so as to create drainage problems on adjacent properties. This obligation shall include all
necessary maintenance and repairs to all Improvements components, including the removal
of any debris collected on the Improvements.
6. 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
Lot, or otherwise, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in the Easement.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Site
Improvements.
8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within ten (10) business days of 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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9. 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.
10. The parties 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.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
f PUBLI WORKS AND S ETY
Jr) Pearson, Pearson roup, LLC Jmes Brainard, -sidi .Officer y
10 a 3S- lg6l o0 Date:
Date: D /lam' 4y
'ci I,
Mary n urke, Member
Date: i
i
Lip,
Lori Watson, Meg- o .r
Date: 5 S v q
ATT.. T: e1 u tY Clrrkfor
)9( 4 k/ A
Diana Cordr y, Cler i reasurer
Date: 5
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA k13'. v
SS: {i a c t. Z
COUNTY OF 1
J 0
Before me, a Notary Public in and for said County and State, personally appeared JOHN
PEARSON OF PEARSON GROUP, LLC, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this ay of 2007!
Y :LTC
My Commission Expires:
�/va/ ,I7A %/e
a2 6 c,2c, Printed Nathe
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 a d b own b4h
Members of the City of Carmel Board of Public Works and Safety, and 1 A L. C DRA
5 Y, rlerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana. t4,,1-
Witness my `t.)
y hand and Notarial Seal this da y of 20d�
6 4 1, It 4 a� —*T,
e.
NOTARY PUBLIC f; �Q
My Commission Expires:
W /94 d' Printed Name +k'
My County of Residence: f14,V /47dA) t
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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e\k1-1) a i A
LAM) DESORPTION
Part of the Southwest Quarter of Section 33, Township 18 North, Range 4 East in Hamilton
County, Indiana, being more particularly described as follows:
Commencing ct the Southwest corner of the Southwest Quarter of said Section 33; thence
North 00 degrees 29 minutes 49 seconds West (Assumed Bearing) along the West line of
said Southwest Quarter Section c distance of 998.30 feet to the Point of Beginning; thence
continuing North 00 decrees 29 minutes 49 seconds West along said West line c distance
of 125.22 feet; thence North 78 decrees 00 minutes 00 seconds East a distance of 255.12
feet; thence North 00 degrees 29 minutes 49 seconds West, parallel with said. West line, a
distance of 198.80 feet; thence North 00 degrees 03 minutes 27 seconds East a distance of
151.87 feet to the southwest •corner of Lot 1 in Windpointe Section 1', a subdivision in
Hamilton County, Indiana the plat of which is recorded as Instrument Number 9252064 in
the Office of the Recorder of Hamilton County, Indiana the next ten (10) described
courses being along the South line of said Windpointe Section 1); thence North 85 degrees
27 minutes 51 seconds East a distance of 118.85 feet; thence North 77 degrees 26 minutes
07 seconds East a distcnce of 273.90 feet; thence South 12 degrees 33 minutes 53 seconds
East a distance of 180.00 feet; thence South 77 degrees 26 minutes 07 seconds West a
distance of 22.30 feet; thence South 12 degrees 33 minutes 53 seconds East a distance of
226.07 feet; thence North 71 degrees 40 minutes 16 seconds East a distance of 148.74 feet;
thence North 63 degrees 54 minutes 25 seconds East a distance of 115.21 feet: thence South
66 degrees 02 minutes 17 seconds East a distance of 110.09 feet to a curve having a radius
of 325.00 feet, the radius point of which bears North 66 degrees 02 minutes 17 seconds
West; thence .Southwesterly along said curve an arc distance of 10.26 feet to a point which
bears South 64 degrees 13 minutes 48 seconds East from said radius point; thence South
64 degrees 13 minutes 48 seconds East a distance of 226.74 feet; thence South 20 degrees
00 minutes 00 seconds West a distance of 246.51 feet; thence South 88 degrees 00 minutes
00 seconds West a distance of 126.86 feet; thence South 66 degrees 00 minutes 00 seconds
West a distance of 134.78 feet; thence South 00 degrees 00 minutes 00 seconds Eost a
distance of 370.76 feet; thence North 70 degrees 00 minutes 00 seconds West a distance of
516.34 feet; thence North 22 degrees 00 minutes 00 seconds West a distance of 133.30 feet;
thence North 90 degrees 00 minutes 00 seconds West a distance of 50.00 feet; thence South
68 degrees 28 minutes 41 seconds West a distance of 105.13 feet; thence North 00 degrees
29 minutes 49 seconds West, parallel with the said West line, a distance of 260.30 feet;
thence South 89 degrees 32 minutes 05 seconds West, parallel with the South line of said
Southwest Quarter Section, a distance of 225.00 feet to the Beginning Point, containing
15.729 acres, more or less.
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