131st - Plum Creek Development APPROVED, AS TO
FORM BY:
020 00 Instrument
0 y r 980983210
N` I crs rer
none
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered into by
and between Plum Creek Development Company, LLC of 11911 Lakeside Drive, Fishers, Hamilton County,
State of Indiana "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety (the "City
WITNESSETH:
WHEREAS, Owner owns certain real estate in Plum Creek Ridge Subdivision located in Carmel,
Hamilton County, Indiana, as more particularly described on Exhibit A attached hereto and incorporated
herein (the "Real Estate that portion of the Real Estate which is the subject matter of this Agreement is the
right -of -way at the 131' Street entrance as indicated on the secondary plat of Plum Creek Ridge, Section 2,
which was recorded on January 13, 1998 as Instrument No. 9809801905 in the Office of the Recorder of
Hamilton County, Indiana; and
WHEREAS, Owner wishes to install, at the entrance of the right -of -way of 131 Street, an
underground irrigation system (hereinafter "Proposed Irrigation System as shown on Exhibit B, attached
hereto and incorporated herein by reference; and
WHEREAS, the 131 Street entrance to the Plum Creek Ridge Subdivision includes a portion of the
south forty -five foot one -half right -of -way of East 131 Street and the eighty foot full right -of -way of Double
Eagle Drive, including a fifteen foot wide median (the "Right -of- Way and
9809832106
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 06 -15 -1998 At 09:56 am.
ENCROACHMNT 22.00
[cb n word c \uncroach\plum doc 5/ 28/98 1
WHEREAS, the Right -of -Way benefits the City; and
WHEREAS, the Proposed Irrigation System will encroach upon the Right -of -Way as shown on Exhibit
B; and
WHEREAS, the installation of the Proposed Irrigation System as shown on Exhibit B will not
materially interfere with the City's use of the Right -of -Way; and
WHEREAS, Owner and City agree that the terms of this Agreement shall be binding upon and inure to
the benefit of their respective heirs, administrators, successors and assigns, including, but not limited to, any
homeowners association or other entity which succeeds to the rights and obligations of Owner.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties hereto now 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. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Proposed Irrigation System from what is depicted on Exhibit B.
3. Owner agrees that City shall have the right to remove any portion of the Proposed
Irrigation System as it deems necessary, in City's sole discretion, to protect and /or repair utility
and /or sewer lines, to repair, improve or widen streets, to repair or replace sidewalks and curbs
located within the right -of -way, or otherwise, and that City shall not be liable for any damages
whatsoever, directly or indirectly, resulting from any such damage to the Proposed Irrigation
System as a result of such actions.
[eb msword c:\encroach \plumcrcck doc 5/28/98) 2
4. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all damages, losses,
liabilities, claims, judgments and costs (including, but not limited to, attorneys fees and courts
costs), arising from bodily injury, death or destruction of property and resulting directly or
indirectly from any action or inaction by Owner, and/or Owner's agents, representatives,
employees or contractors within or regarding the Right -of -Way.
5. Owner agrees to construct and install the Proposed Irrigation System in a good and
workmanlike matter, in a timely fashion, with minimal interference in and with the Right -of-
Way and in accordance with all applicable federal, state and local laws, rules, regulations and
ordinances.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair damage to the Right -of -Way and any improvements located partially or
entirely therein which damage is the direct or indirect result of the installation, construction,
maintenance or operation of the Proposed Irrigation System.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City recorded copies of this Agreement within five (5) business days of execution
by the parties hereto.
8. The parties represent and warrant that they are each authorized to enter into this Agreement
and that each party has the authority to bind the party which it represents.
9. The City consents to the encroachment of the Proposed Irrigation System so long as (i)
Owner complies with all the terms and provisions of this Agreement; and (ii) such
Encroachment exists.
[eb msword c \encroach \plumcreck doc 5 /28/98] 3
10. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this
Agreement which can operate independently of such stricken provision shall continue in full
force and effect.
This Consent To Encroach shall be effective on and after the date on which it is last executed by a party
hereto.
"OWNER" "CITY"
PLUM CREEK DEVELOPMENT COMPANY, LLC CITY OF CARMEL, INNDIANA,
by and though its Board of Public ks and Safety
By:
0
Corby D. Thompson
Chief Ope ating Officer es Brainar si i I icer
Date: 1 11 `7 Zi te:
Ma Ann urke, Mem er (fp
Dat-:
Bill Walker, Member
Da e: G'l
ATTEST:
A l i 6
Diana Cordra e er
Date:
[eb msw ord.c \encroach \plumcreck doc 5/28/98] 4
STATE OF INDIANA
SS:
COUNTY OF r 7 V)
Before me, a Notary Public in and for said County and State, personally appeared Corby D. Thompson,
Chief Operating Officer of Plum Creek Development Company, LLC, 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 day of aCCNE 199(
NOTARY PUBLIC t
My Commission Expires:
,09 "V-Ai4 /747 A1.5 /11
7,719 999 Printed Name C
My County of Residence: /4 7-0 N'
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 BILLY WALKER, 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 iiil day of .vx -P 19N Ru
Ems 4: x;)4
NOTARY PUBLIC
My Commission Expires: 1
cPG L /226,,.- i
00 Printed Name
L
My County of Residence: )emit
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[cb msword.c encroach \plumcrcek doc 5/28/98] 5
LAND DESCRIPTION
Part of the Southeast and Southwest Quarter of Section Twenty -seven (27), Township Eighteen (18)
North, Range Four (4) East in Hamilton County, Indiana, described as follows:
Beginning at the Northeast corner of the said southwest Quarter Section; thence North 89 degrees 50 g
minutes 26 seconds West (assumed bearing) along the North line thereof a distance of 592.12 feet to
the northeast corner of Plum Creek Golf Course recorded as Instrument Number 9608135 in the Office
of the Recorder of said Hamilton County, Indiana (the next seven described courses being along the
east line thereof); thence South 00 degrees 00 minutes 00 seconds East a distance of 328.98 feet;
thence South 59 degrees 30 minutes 00 seconds East a distance of 350.41 feet; thence South 44
degrees 30 minutes 00 seconds East a distance of 277.45 feet; thence South 49 degrees 28 minutes
12 seconds East a distance of 200.71 feet; thence South 54 degrees 00 minutes 00 seconds East a
distance of 88.42 feet; thence South 46 degrees 31 minutes 43 seconds East a distance of 80.80 feet;
thence South 43 degrees 00 minutes 00 seconds East a distance of 272.04 feet to the north line of
Plum Creek Ridge Section 1, a subdivision in Hamilton County, Indiana, the plat of which is recorded as 4-
Instrument Number 9607755 in Plat Cabinet 1, Slide Number 664 in said Hamilton County Recorders
Office the next six (6) described courses being along said north line); thence North 47 degrees 00
minutes 00 seconds East a distance of 190.00 feet; thence North 43 degrees 00 minutes 00 seconds
West a distance of 15.95 feet to a curve having a radius of 25.00 feet, the radius point of which bears
degrees 00 minutes 00
North 47 de
9 seconds East; thence Northerly along said curve an arc distance of
39.27 feet to a point which bears North 43 degrees 00 minutes 00 seconds West from said radius
point; thence North 47 degrees 00 minutes 00 seconds East a distance of 60.89 feet to a curve
having a radius of 225.00 feet, the radius point of which bears North 43 degrees 00 minutes 00
point of
seconds West; thence Northeasterly along said curve an arc distance of 58.09 feet to the P t
reverse curvature of a curve having a radius of 25.00 feet, the radius point of which bears South 57
degrees 47 minutes 35 seconds East; thence Northeasterly along said curve an arc distance of 32.82 i
feet to the point of reverse curvature of a curve having a radius of 700.00 feet, the radius point of
which bears North 17 degrees 25 minutes 23 seconds East; thence Easterly along saki curve and north i'
line and north line extended easterly of said Plum Creek Ridge Section 1 an arc distance of 204.35 feet
to a point which bears South 00 degrees 41 minutes 47 seconds West from said radius point; thence
North 00 degrees 00 minutes 00 seconds West a distance of 50.00 feet; thence North 00 degrees 45
minutes 00 seconds East a distance of 139.96 feet; thence North 85 degrees 00 minutes 00 seconds
West a distance of 197.69 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of
50.00 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 42.13 feet;
thence i
North 90 degrees 00 minutes 00 seconds West a distance of 140.00 feet; thence North 00 degrees 00 t
minutes 00 seconds West o distance of 270.00 feet; thence North 41 degrees 33 minutes 46 seconds
West a distance of 78.11 feet; thence South 90 degrees 00 minutes 00 seconds West a distance of
178.84 feet; thence North 01 degrees 45 minutes 00 seconds West a distance of 159.72 feet; thence
t
North 07 degrees 30 minutes 59 seconds West a distance of 201.97 feet; thence North 00 degrees 09
minutes 02 seconds East a distance of 45.00 feet to the North line of the said Southeast Quarter,
thence North 89 degrees 50 minutes 58 seconds West along said North line a distance of 166.09 feet
to the Beginning Point, containing 16.365 acres, more or Tess.
THIS SUBDIVISION CONSISTS OF 33 LOTS, NUMBERED 59 THROUGH 91 AND A COMMON AREA TOGETHER
WITH STREETS AND EASEMENTS AS SHOWN HEREON.
THE SIZE OF LOTS AND COMMON AREA AND WIDTHS OF STREETS AND EASEMENTS ARE SHOWN IN
FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF.
CROSS- REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER 9407692 IN
THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
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September 1, 1998
Corby Thompson
Plum Creek Development Co., LLC
11911 Lakeside Drive
Fishers, Indiana 46038
Re: Consent to Encroach
Dear Mr. Thompson:
This consent to encroach, which was approved at the June 3, 1998, Board of Public Works
meeting, was recorded by the Hamilton County Recorder's Office on June 15, 1998. Our office
received the recorded document from the Recorder on August 31, 1998.
Enclosed is a copy of the recorded document. We will keep the original in our office. If you have
questions, please call us at 571 -2414, or call the Recorder's Office at 776 -9618.
Sincerely,
Rebecca L. Martin
Deputy Clerk
enclosure: copy of signed encroachment
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571-2400