Hazel Dell Corner Commercial Subdivision - Plum Creek Partners 200 400006483
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER .J HAYDEN
0 1 29-2004 MN At 03 :12 pm.
ENCROACHMNT 24
CONSENT TO ENCROACH
APPROVE: AS
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Plum Creek Partners, LLC, 11911 Lakeside Drive, Fishers, Hamilton County, Indiana, 46038 "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 (the "Real Estate which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference "Real Estate
in the Hazel Dell Corner Commercial Subdivision, Lot 4, Phase II, which is located within the corporate
limits of the City of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded as Instrument #200200015946, Plat
Cabinet 2, Slide 756 in the office of the Office of the Hamilton County Recorder on February 27, 2002, as
Hazel Dell Corner, Lot 4; and
WHEREAS, Owner wishes to construct asphalt driveways (the "Driveways concrete curbs (the
"Curbs concrete sidewalks (the "Sidewalks and an asphalt parking lot (the "Lot on the Real Estate
(individually and collectively referred to hereinafter as the "Site Improvements and
WHEREAS, Owner has given the City a sketch depicting the proposed location of the Site
Improvements on the Real Estate, copies of which are attached hereto and incorporated herein by this
reference as Exhibit "B" (the "Sketch and
�eb.rruu ord:z:khared,dhill\ forms \lot4phi ihdcorconsentdoc 12/19/03] 1
WHEREAS, the Site Improvements will be constructed on portions of the Real Estate designated
as Drainage Utility Easement and Drainage, Utility Sewer Easement (the "Easements identified as
"D. U.E. and D.U. S.E." on the Sketch; and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (individually and
collectively, the "Encroachments upon the Easements, which Encroachments are crosshatched on the
Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on the Sketch,
should not materially interfere with the City's use of the 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 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
otherwise change any or all of the Encroachments and/or the Site Improvements from what
is depicted on the Sketch.
eh. nsuord. z. Nshnred dhill forms \lot4phiihdcorcoruentdoc. 12 /19/03] 2
4. Owner agrees that City shall have the right to remove any portion of the Site 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 any or all of the 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
Site Improvements.
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 Site Improvements and /or the Encroachments in the Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City in
replacing or repairing any damage to the Easements and/or to any improvements located
therein caused by the installation, construction, maintenance and/or operation of the Site
Improvements, or due to Owner's other obligations, responsibilities, actions or inactions
as set forth herein. Owner further agrees that City may enforce Owner's obligations and
responsibilities as set forth herein through the exercise of any legal or equitable remedies,
including, but not limited to, the City curing any continuing breach of Owner's obligations
and responsibilities, at Owner's sole cost and expense.
[cb ms,ord IsharedIdhanforrns \lot4phiihdcorconsent doc:12 /19/03] 3
7. Owner agrees to reimburse City for any costs incurred by City in removing all or any
portion of the Site Improvements in order for City to access the Easements and/or any
improvements located therein.
8. Owner agrees that Owner will not transfer its obligations and responsibilities under this
Agreement without the prior express written consent of City, which consent will not be
unreasonably withheld, and that, in the event of such transfer, Owner agrees that this
Agreement and all the terms and conditions thereof shall be binding on any entity to which
Owner may transfer its obligations and responsibilities hereunder.
9. Owner agrees that the placement of the Site Improvements in the Easements shall be at
Owner's sole cost, expense and risk, and that, if City, in its sole discretion, performs any
work in the Easements including, but not limited to, the maintenance of grassy
areas /landscaping or the snow plowing of streets or sidewalks, that causes damage to the
Site 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 Site Improvements.
10. 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.
11. 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.
[eb msword:z\sharecPdhill \forms \lot4phiihdcorconsentdoc :12119/03] 4
12. 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.
13. This Agreement shall be effective as of the date on which the last party hereto executes
same.
"OWNER" "CITY"
PLUM CREEK PARTNERS, LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Corby D. Thom n, Chief Operating Off ce ames Brainard, Presiding Officer
SSN: 2z)'7'72 -0 Date: 7 C
Date: /y2,5 7c\ '3
Do Preen
Mary Ann Burke, Member
Date:
r
Lori Watson, Member
Date: 1
RETURN ORIGINAL TO: A ST:
SANDRA JOHNSON i :a�.c �foa
CITY OF CA er
CARMEL iana Cordray, IAMC, lerk- Treasurer
ONE CIVIC SQUARE Date: 1 -7 -0t
CARMEL IN 46032
[eb:nssword:c:Vlocunents and settings \j- sVocal settinesVemporary internet files \olk3Votlphnhdcorconsent.don 1222/ J
I
STATE OF INDIANA
f )SS:
COUNTY OF ri
Before me, a Notary Public in and for said County and State, personally appeared CORBY D.
THOMPSON, CHIEF OPERATING OFFICER OF PLUM CREEK PARTNERS, 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 thiso23 day of .Dece m be r ,2o03
NOTARY LIC
My Commission Expires: t e
Q 4-k 3", Ci u t
9/ /3/0 Printed Name
My County of Residence: 11 Q0, .5 1r r„_t-
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 bby�mek n 6 tQbe ,ti r e
Members of the City of Carmel Board of Public Works and Safety, and D1ANi L. C URDRAY, lerk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "CONSENT:
TO ENCROACH' on behalf of the City of Carmel, Indiana. ..i.,:•
Witness my hand and Notarial Seal this 1 day of ct 20
s`
�QX i�LiQ i (,r
NOTARY PUBLIC c.,
My Commission Expires:
s0 1
r y �4 Printed Name
My County of Residence: 1
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
Ieb.tnsword:Odocuments and settings \j- s'Jocal settings\temporary interne[ tiles \olk3\Iotdphiihdcorconsent doc:12/2261
LAND 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 a distance of 579.48 feet;
thence North 00 degrees 20 minutes 43 seconds East, parallel with the
East line of said Northeast Quarter, a distance of 345.00 feet to the
Point of Beginning; thence continuing North 00 degrees 20 minutes 43
seconds East, parallel with said East line, a distance of 529.50 feet;
thence South 77 degrees 52 minutes 47 seconds East a distance of
298.33 feet; thence South 58 degrees 05 minutes 21 seconds East o
distance of 266.92 feet; thence South 00 degrees 20 minutes 43 seconds
West, parallel with said East line, a distance of 129.48 feet; thence North
89 degrees 35 minutes 24 seconds West, 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 200.00 feet; thence North
89 degrees 35 minutes 24 seconds West, parallel with said South line, a
distance of 254.48 feet to the Beginning Point, containing 4.215 acres,
more or less.
HAZEL DELL CORNER, LOT 4
LAND DESCRIPTION
EXHIBIT "A"
3°' C E CREEN BaT Rio v _lir N j�' S D ES O' �U& GRAIN
ENFO RCEMENT s N A CSS E AM NT EN TUNE
LS E fir• g8 g
i.�
JO G REENBELT
b
I
9 J
and I j� t,
m 1 d i
DWI
r D tit
MI A
N W PROPOSED 1i XISIING� REGULATED
BU ILDING slily
n m r Z D' IN EA MENT FOR
z b 5,100 S.F. b CHEN DITCH �o'
o m p 2 HE 71250 4 E n' 15 y 6(
W Z
c m d
z O `NEB
c v ma i' i♦ 81 11.61�om�11�i1�113�3✓i!'�eI
1 IO S N C oR�EM�
e
oc ]9.a 10.0' 1 1261111 gli1131M11211 il[I'iENEW a i O
\v\ �E�
prim fig .y m Q
4 111 x. I �laV� e D SE
17 b i G qb
0.. s°
6 c5,
cp
„r„,/,/ v.
ii o
io
CONCRETE PA110
°D ro
m
r I