Spring Creek - Langston Development Co F9
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Instrument 9809834291
9809834291 Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
CONSENT TO ENCROACH On 06 25 -1998 At 12:53 pm,
22.00
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Langston Development Company, Inc., 1132 South Rangeline Road, Carmel, Hamilton County, Indiana
46033 (the "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 Spring Creek Subdivision, Carmel, Hamilton
County, Indiana, as is more particularly described on Exhibit A attached hereto and incorporated herein
by this reference (the "Subdivision and
WHEREAS, that portion of the Subdivision which is the subject platter of this Agreement is the
Cherry Tree Road entrance as shown on the Secondary Plat of the Subdivision (the "Cherry Tree
Entrance and
WHEREAS, the Secondary Plat of the Subdivision was recorded in the Office of the Hamilton
County Recorder on January 8, 1997, as Instrument Number 97- 9700713 P.C. 1, Slide 756; and
WHEREAS, Owner wishes to install at the Cherry Tree Entrance an underground irrigation system
(the "Irrigation System and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Irrigation System, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
[cb n ord.c rncroach \langston doc 6/9/98] 1
WHEREAS, located in the Cherry Tree Entrance are certain improvements, including, but not
limited to, underground utilities, sidewalks, curbs and asphalt pavement; and
WHEREAS, there is located at the Cherry Tree Entrance two (2) twenty foot drainage and utility
easements (collectively, the "Drainage Easements which generally run on either side of the Cherry Tree
Entrance, which Drainage Easements are labeled "20' D &UE" on the Sketch; and two (2) twenty foot
utility easements (collectively, the "Utility Easements which generally run along the northwest right -of-
way of Cherry Tree Road, which Utility Easements are labeled "20' U.E." on the Sketch; and
WHEREAS, the Drainage Easements and the Utility Easements benefit the City and its residents;
and
WHEREAS, as indicated on the Sketch, the Irrigation System will encroach (the "Encroachment
upon the Drainage Easements and/or the Utility Easements; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the installation of the Irrigation System as proposed by the Owner on the Sketch will
not materially interfere with City's use of the Drainage Easements and/or the Utility 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 is 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 they
were fully set forth herein.
2. 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.
[eb msword c encroach Uangsron doc 6/9/98] 2
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Irrigation System from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove all or any portion of the Irrigation
System as City deems necessary, in its sole discretion, in order to install, protect or repair
utility lines, sewer lines or drainage ditches, to repair, improve or widen streets, to repair or
replace sidewalks and curbs located within or adjacent to the Drainage Easements and/or
the Utility Easements, and/or for any other purpose, and that, should City take such action,
City shall incur no obligation to repair, replace or reimburse Owner for the cost of any
damages thereby caused to the Irrigation System.
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, death,
destruction or damage to any property or improvements located on the Cherry Tree
Entrance, or otherwise, which results directly or indirectly from any action or inaction of
City, its employees, officers, officials, invitees, licensees and/or agents in or regarding the
Drainage Easements and /or the Utility Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair any damage to the Drainage Easements and/or the Utility Easements and
any improvements located partially or entirely therein or adjacent thereto that are caused,
in whole or in part, by the installation, construction, maintenance or operation of the
Irrigation System.
[eb rosword c \encroach \langston doc 619/98) 3
7. 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 five (5) business days of the effective
date of this Agreement.
8. 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.
9. 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
LANGST► DE OPMENT COMPANY, INC. CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
By: PUB WORKS AND SAFETY
JA S es Zotrpkv r U t ce cP56daA4 lit,
(Printed Name and Title) J es Brainard Presiding Officer and Mayor
Date: 6 /157/5 v Date:: 6 /7 /F'sP'
)1/ i
Ma An' Bur .e Member
Dat J 7
Billy alker, Member
Date. U'1
ATTES
Diana Cordr6y,��rk -Treas r
Date:
[eb msword c \encroaclAlangsron doc 6/9/981 4
J
STATE OF INDIANA
SS: f
COUNTY OF7, X--'
,Before me a Nota Public i n7nd for aid ounty and State, personally appeared 73
//a
/g -e fe-3 /g O of Langston Development Company, Inc., by me
known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her
voluntary act and deed.
q
Witness my hand and Notarial Seal this 75 day of J l�2 19%
4 JA
NOTARY PUBLIC
My Commission Expires:
c /C n
Cf Yom'
77 G. C Printed Name
My County of Residence: /-te
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 P day of 9-4A'i—Q 19
NOTARY PUBLIC
My Commission Expires: ;r j f
Printed Name
My County of Residence: 13iw7ri e'
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[cb msword encroach \langston.doc 6/9/98] 5
SI- CO \DARY PLAT for
Si RING CREEK
SecLom Three
SUBMISSION DATE: September 13, 1996
estote described in o Warranty Deed recorded on poges 434 and
I. the undersigned, a registered land surveyor in the Stote
of Indiono, hereby certify that the within plot represents a 435 of Deed Record 346 in soid Recorder's Office; thence
survey and subdivision thereof prepared under my supervision South 13 degrees 07 minutes 03 seconds Eost on the Westerly
of the following described reol estote, port of the South line of said real estate 276 26 feet to the Northeasterly
Half of the Northwest Ouorter of Section 22, Township 18 corner of the aforesaid BLOCK D. thence North 89 degrees 33
North, Range 4 East in Cloy Township, Hamilton County. minutes 06 seconds West on the Northerly line of soid BLOCK
Indiono, including o port of BLOCK D, of SPRING CREEK, D. 0 distance of 245.95 feet, thence South 03 degrees 47
SECTION TWO. o subdivision in Hamilton County. Indiono, the minutes 24 seconds Eost 30.06 feet to on angle point in the
Final Plat of which is recorded on Slide 568 in Plat Cabinet Southerly line of said BLOCK D; thence South 89 degrees 32
minutes .38 seconds East on the Southerly line of said BLOCK
No. 1 os Instrument Number 9540782 in the Office of the
Recorder of Hamilton County, Indiana, the perimeter of the D, o distance of 245.47 feet to a point on the Westerly line
combined parcels of land being more particularly described os of the oloresaid reel estote described in the Warranty Dead
follows. recorded on pages 434 and 435 of Deed Record 346; thence
South 02 degrees 25 minutes 25 seconds West on the Westerly
COMMENCING at the Southwest corner of the Northwest Quarter line of said real estote 206 50 feet to a 3/4 inch diameter
of Section 22, Township 18 North, Range 4 East; thence South iron pin; thence South 15 degrees 11 minutes 29 seconds West
89 degrees 50 minutes 27 seconds Eost (ossumed beoring) on on said Westerly line 125.77 lest to a 3/4 inch diameter iron
the South line of s oid Northwest Ouorter 1059.41 felt to the pin; thence South 84 degrees 26 minutes 22 seconds West on
Southeasterly corner of BLOCK A, in SPRING CREEK, SECTION said Westerly lino 17.49 feet to 0 5/8 inch diameter iron
pin, thence South 05 degrees 51 minutes 15 seconds East on
TWO, o subdivision in Hamilton County, Indiono, the Final
Plat of which is recorded os Instrument Number 9540782 on soid Westerly line and the Southerly prolongation thereof, o
Slide 568 in Plat Cabinet No. 1 in the Office of the Recorder totol distance of 124.86 feet to a P.K. Nod on the
of Hamilton County. Indiono, soid corner being the PLACE OF centerline of Cherry Tree Road as now located and improved as
BEGINNING of the within described subdivision; (the following County Rood E75: thence South 63 degrees 34 minutes 56
twelve courses ore the Westerly and Southerly boundary lines seconds West on soid centerline 414.46 to a P.K. Nail marking
the point of curvature of o curve to the left, the radius
of said SPRING CREEK. SECTION TWO) 1.) thence North 00
degrees 37 minutes 43 seconds Eost 154.47 feet; 2.) thence point of which lies 570.45 foot South 26 degrees 25 minutes
South 89 degrees 22 minutes 17 seconds East 4.72 feet: 3.) 04 seconds Eost from soid point of curvature, thence
thence North 00 degrees 37 minutes 43 seconds East 170.00 Southwesterly, curving to the loft on s oid centerline, on arc
feet to a point on the Southerly line of BLOCK D in said distance of 56.88 feet to the South line of soid Northwest
SPRING CREEK. SECTION TWO, 4.) thence South 89 degrees 22 Ouorter; thence North 89 degrees 50 minutes 27 seconds West
minutes 17 seconds Eost 490.00 feel, 5.) thence North 85 on said South line 693.52 leaf to the place of beginning,
degrees 40 minutes 55 seconds Eost 122.97 feel. 6.) thence containing 12.218 acres, more or less, (this includes 1492
South 20 degrees 15 minutes 57 s econds Eost 116 92 feet to o square feet already lotted os o port of BLOCK D of SPRING
point on a non tangent curve, the rodius point of which lies CREEK, SECTION TWO).
325.00 feet North 20 degrees 15 minutes 57 seconds West from
said point, 7 thence Northeosterly, curving to the left on Subject to the Statutory Easement for the Emily Vestal
said curve, on orc distance of 135 63 feet to o point that is Regulated Natural Drain and to ell other legal easements and
325.00 feel South 44 degrees 10 minutes 38 seconds Eost of rights -of -way.
the radius point of said curve; 8 thence North 44 degrees
This subdivision consists of two areas designated os Block B
10 minutes 38 seconds West 120.00 feet; 9.) thence North 30
degrees 24 minutes 56 seconds Eost 108 93 feet, 10.) thence and Block C and thirty -six lots, numbered 20 through 39 and
North 01 degree 27 minutes 41 seconds Eost 119.47 feet; 11 89' through 104, together with streets, all as shown on the
thence North 03 degrees 47 minutes 24 seconds West 77.28 within plot. The size of the blocks, lots and the width of
feel; 12 thence South 89 degrees 34 minutes 49 seconds Eost the street rights -of -way is shown in figures denoting feet
120.32 feet; thence North 03 degrees 47 minutes 24 seconds and decimal ports thereof.
West, leaving the Southerly line of said BLOCK D and SPRING qq
CREEK, SECTION TWO. 29.61 feet to the Northerly line of the Witness my signature this G day of x�L_r!�!- 19_(
aforesaid BLOCK 0; thence North 89 degrees 13 minutes 18
seconds West o the Northerly line sold BLOCK 0, 1 /'V
legit; thence North 19 degrees 4
49 mi nuttes s We 47 seconds west t
109.80 feet; thence North 60 degrees 55 minutes 24 seconds
East 290.00 feet. thence North 81 degrees 07 minutes 11
seconds East 139 18 feet to the Northwesterly corner of real Ian H. Weihe, Reg. L.S. Indiono No. 10398
H. r
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10398
3 STATE Of
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EXHIBIT A
i SPRING CREEK
SECTION 3
CHERRY TREE ROAD ENTRANCE
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RIPPLING 'BROOK WAY
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WATE MET II
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SPRINKLER go
HEADS (TYP) rd .50' RO.W 1
CONTROLLER.
AND VAVACUUM r 1 II 1 SPRINKLER
1312E HEADS (TIT).
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di k
4 II
1 II
10 D &UE
10' D&UE
20' UE o o o
1i o o 0 0
5' NON ACCESS ESMT. 20' UE
SIDEWALK S ANI T AR Y
5 NON ACCESS ESMT.
SIDEWALK .o
0
EXISTING CONDUIT O
iJNll1sR STREET d
o p
CHERRY TREE ROAD; 7
I
EXHIBIT B