Delaware Trace - Oak View Associates cQ-
6CD- Instrument �Ia
(iI 96 983516 A PPROVED, AS TO nano
FORM
9809835160
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARE;
On 06 30 -1998 At 11:28 am.
CONSENT TO ENCROACH ENCROACHMNT 22, 00
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Oak View Associates, LLC, 270 East Carmel Drive, 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 located in the Delaware Trace 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 matter of this Agreement is the
community /common area (the "Common Area designated on the Secondary Plat of the Subdivision; and
WHEREAS, the Secondary Plat of the Subdivision was recorded in the Office of the Hamilton
County Recorder on January 14, 1998, as Instrument Number 98- 9801981, P.C. 2, Slide 66; and
WHEREAS, Owner wishes to construct a parking lot (the "Parking Lot in the Common Area;
and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Parking Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B;
and
(eb msuord c encmazhbakvicw.doc.G /9/98) 1
WHEREAS, the Parking Lot will be constructed on a portion of the Common Area that is
designated as Drainage, Utility, and Sewer Easement (the "Easement which is identified as "15'
DU &SE" on the Sketch; and
WHEREAS, the Easement is beneficial to City and its residents; and
WHEREAS, as indicated on the Sketch, the Parking Lot 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, the installation of the Parking Lot as proposed by the Owner on the Sketch will not
materially interfere with 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 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 all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Parking Lot from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove all or any portion of the Parking Lot
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
[eb msword c'\ enc`oach\oakview doc 6/9/98) 2
replace sidewalks or curbs located within or adjacent to the Easement, 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 Parking Lot.
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 or in the Common
Area, 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
Easement.
6. 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 partially or
entirely therein or adjacent thereto caused, in whole or in part, by the installation,
construction, maintenance or operation of the Parking Lot.
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.
[cb.losword c encroach \oakview doc 6/9/98] 3
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
OAK VIEW ASSOCIATES, LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBL WORKS AND SA,'ET
I
By: 4 01. sc. 2
J. It ael Scheetz, Managing Member J. fes Brainard, esidi g Offi r and Mayor
Date:
Date: is --t5 °I �.�G
Mary 4 Bur Memb-
Date: .0 o
Bi11 a lker, Member
Date: Ob -%h .y
ATTES
Diana CordratAk -T surer
Date:
STATE OF INDIANA
SS:
COUNTY OF 1-0q)
Before me, a Notary Public in and forld and State, personally appeared J. Michael
Scheetz, Managing Member, Oak View Associates, LLC, by me known, and who acknowledged the
execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this day of ,199
NOTARY PUB IC
My ommission Expires:
Lirit Aqq )d 1,
t Q "I Printed Name
Lim
My County of Residence: /A ,..�L
i'
1
[eb msword c \c croachbak cw do< 6/9/98]
4. 0 (1 1
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 l8' day off 19 94S
/44*3:4'
NOTARY PUBLIC
My Commission Expires: r r_ j
✓(4eea L_ /4
Printed Name
r
My County of Residence: /gd6o-e::
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[eb msword c \encroachbakview doc 6/9/98] 5
Tr15 ED4APD1 D cl4c <6E0
0, OWNER /SUBDMDER DELAWARE TRACE
Y a:rl
..EOS FRED LAND S;RVE'OR- INDIANA (0560 CAA: MEW ASSOCIATES, LLC
3020 N^RC POST ROAD 254 EAST C.ARIJEL CR.
INDIANAPOLIS. IN:I A4A 46225 7) CARMEL, INCIA4A 45012 SECTION 2 4nLra.enL
TELEPHONE (317) 893 -8282
(3 989801981
(317) 843 -4449
SECONDARY PLAT 'aria? °'°810
Fst.a COUNTY, 1 ,iPrlo
MARY L
L D CLARY4
PART OF THE N.W,1 /4 SEC. 27 -T18N R4E OnP' 1`
Pr
LAND DESCRIPTION AND PART OF THE S.W.1 /4 SEC. 22 -T18N -R4E p t SUDS
Pat cH the Southwest 6uatr of Section 22 and part of the Northwest Cualr of Seeta, 27. cal is Township 13 HAMILTON COUNTY INDIANA
Math, Rcn;e 4 E,75; 10,:, in Oey Tcwnsh,p, Hemel Px'. County, Indlcrc, d^_scr ;Gad m tales
ATT TD
C -T brass c: tree southeast corn, c.' e ha :,rest CLatr. of sc Section 27. thence Naln 89
THE UNDERSIGNED, CRIERS Cf THE REAL r RECORDED IN THE
degrees e :ry ct c ass p
STATE SdOrtt AND DESCRIBED PEREI 4th
S minutes 25 seconds We elan the south line c: sod forN,wesl P,arter a distance o.' 263.',.70 feet to
CF CE CF THE .RECGRDr FA,v ;L 50th C CU' 14 C1 A.4 A, CO HERESY CERTIFY THAT WE HAVE LAD CfF,
f0
the sid,h•est canter of said Northwest Uucr,r thence ence r h 03 degrees 20 r.,n.utes 43 seconds Ecst clang the P, OT Ai AND SUBDIVIDE SAID REAL ESTATE I:4 ACCORDANCE
west line of said nxth•esl Ouortr a distance of 26 feet to toe northwest comer of 3,10 Northwest Caortr, AA S. :F003ED A. ND 00 HER: f LAY OTT, PLAT
ce North CC de 37 mnutes 01 seconds East Wong the west lire of the SrAtth•est OLcrte- of said Section MTH T,E W 7:-1N R in
AT. iS S;BONS■CN STALL EE KNOri AND DESIGNATED AS DELAWARE TRACE SECTION 2
22 n ce o•' 77.59 fee: to the Fo,n; of 5 ',r.g (ass e ing the north,•est come. o: CeIc•:re Trace `Section 1, A.4 ADDITION IN HAM'LTCN CCUN'Tf. INDIANA
a subc .aar. in Ha County, Indicnc, the plot of which is re eoade: Cs Instrument Number 956 n Ind Qffire
of the Pecader of said He ^natal County. Indiana) the en: t•-. e Cris:ed canes Enng cl:n the north, east AL. STBEE ;S S O4Ti Cti MIS PLAT A:ID NOT HERETGfCRE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC.
end sash toes thereof); thence South 83 degrees 22 minutes 53 seconds East c distance of 6000 fee:, thence
North 54 degrees 23 minutes 03 seconds East a distance of 5:057 feet, Nonce Swan 81 degrees 42 mnutes 4 0 BEE 10 053 FCREGaNC n A ESTATE IS 519JECT TO A URBAN DECLARATION CF COVENANTS A'+0
seconds Ees: a aslcnC of 30662 fret, thence Soutt 39 degrees 42 mnutes 20 seconds East c distance of 17322 RESTRICTIONS Cf DEL4 TRACE DATED _X/12/95 RECCRD70 AS INSTRUMENT NO
feet. thence S,ulh 31 degas 27 mmutcs 48 seconds East c dsta,ce of 27370 feet, thence Sat 25 degrees 07 9- 5L4fr99 IN THE Cfi3CE Cf 015 RECORDER Cf MA1411.70h CCUh1Y, 10D1A A, AS TH0 SANE MAYBE
mmu;es 70 seconds was: c distance of 6576 lent. thence South CO Cegr des 29 minutes 37 rends 'Mist a distance AMENDED SUIDI 777AR4ICNS AND 015 COVENANTS AND RESTRICTICNS SET FORTH THEREIN RUN 4551 THE
o' 14780 feet. thence 017)7 07 degree, 29 minutes 0 seconds 'West a d;stcnce of 5033 feet, thence South CO LAND DESCRIBED HEREON AND ACE 17757CRA EO HEREI0 BY REFERENCE EACH 041560 Cf A LOT DEPICTED
degrees 7 9 mnutes 37 seconds 'West c distance of 153 4 6 feet, thence South 13 degrees 27 rmules 45 seconds Oh THIS PLAT SHAL 1AK5 117LE TO SUCH LOT SUS.CCi 10 THE TERMS AND CCN7TICNS CF SUCH
west e distance of 19 96 Ted. Alma South 57 degrees 29 minutes 37 seconds West o daten0e of 356.37 fee, DECLARATION.
thence South 30 degrees 37 mnutes 11 seconds west a dislence of 50 23 Ice:; thence Sa.tn 15 degrees 24 minutes ,�i
37 seconds East a 6stonce of 25613 fat, thence South CO degrees CO min,aes CO soo o4o East a distance of STATE Cf DATED THIS 59 DAY Cf_Q_ J 1991
95 73 feel to the north Ile of Puro Creel 10,th Sedan 3. a s,04,ioicn in Hamilton County, 10ecna, the plot el
.030 is r ecorded es Instrument Number 9559376 in the Ohce of the Recorder of sees Harrdt0n County, Indiana: 001970 Cf 1 ^c) 0A{ YEW A_S570A1ES, 11C
:hence S,.th 59 den des 54 ennutes 22 seconds East Cony s:o north line a distance of 536. feet: lhnce hath 254 EAST CARMEL DRIVE
CC degrees ^h mnutes CO sec onds East a distance of 32370 feet; thence 89 degrees 54 mnutes 27 seconds 74057 INDIANA 46032
East e distance of 171 67 feel, thence North CO degrees 14 mnutes 42 seconds E031 0 distance of 65.10 feet, (317) 843 -4443
thence North 23 degrees 43 minutes 70 seconds East e dsta,nce of 50 CO fat to 0 Bur, na.+ng a raOO, of 175.00
fed, the radius pont of which bears North 29 degrees 4 9 mnutes CU seconds East, thence n,;h.o1rly along 301d )t
00110, 00 era distance of 34.53 feet to a pen! .nieh tears South 57 degrees 29 mnutes 37 seconds Vint from saw 80_,./-_-,4
010 point, thence North 32 degrees 30 mrnulea 23 seconds Asst a distance of 20723 fat to a curve hosing a 4 6577 57.EE72
ra4us of 375.00 fee, the rcdus pant of ldch bears North 57 degrees 29 minutes 37 seconds Ent; thence
northerly on sc0 cure. an arc distance of 451 42 fee: toe point which 01ors North 52 degrees 00 mnutes 23 E FCRE NE THE U70E.55C1E'0 NOTARY PUBLIC 1,9 ANC FCR SA10 COUNTY A40 STATE, PERSONALLY TIE ABOVE
seconds West estfon sod rad pint; thence Nate 37 degrees 59 minutes 37 seconds Ea: c distance of 95.03 fat; ANC ACX50ALEOCED 6oCCUT'NG THE F5RCONC RECCRD FLAT.
Nonce 5cuth 52 degrees 00 mnutes 23 seconds East e distance of 150.00 leet, thence 1017, 37 017 des 59 WITNESS NY NANO ANJ NOTARIAL SEAL THIS ,�1 DAY OF 199 I.
minutes 37 seconds East a distance of 12000 feet, thence Ncrt, 52 degrees CC minutes 23 seconds 'West a
datnnce of 17370 few:. thence North 37 417010 59 mnutes 37 seconds East c distance of 57.52 feet to a cone
/10704 0 rod., of 525 C3 feet. the rod,' point of .nch beers North 52 degrees CO mnutes 23 seconds Ykst; n lnt` r .d cor_
thence northevterly clang aci0 core an arc distance of 123.23 fret to e point which bears Oooth 65 degrees CO i
minutes 23 seconds East from sad radius pint, thence North 66 degrees CC minutes 23 0:00 West 0 distance 1101400 PUIA;C (PRINTED NA5E_c.,q 14 04.404.4./1") 7)
of 197.56 lee:; thence Mort`. 19 degrees 09 minutes 43 seconds East a distance of 109.55 fee:, thence North 03
es 07 md,0te3 52 seconds East a dis thence of 234.25 feel, tu North 89 d000 57 minulo 08 seconds N1 CONN5075 5151810' COUNTY Cf RE075117
'w,1 a asl0aee of 251 75 lent, thence South 77 degrees 27 minutes 39 seconds 'Wes: a distance of 77.75 feet; r./".."03 II
jrn, 110h4
thence North 42 degrees 30 minutes 23 seconds west 0 distance el 132.64 fat; thence North 79 deface 52 fJ
minutes 27 seconds West a distance of 87 35 feel, then, 1l lh 63 degrees 51 minutes 25 seconds west a distance
of 2 21 feet; Almon Month 51 degrees 32 minutes 07 woods 'West e distance of 152.27 fret: thence South C6
degrees 26 mnutes 09 seconds Yks1 a distance of 74.55 feet Ahmed North 89 degrees 22 minutes 45 seconds P.AA CCNM155O4. UNDER A'J1HCRITY PROVIDED BY TIRE 36, ACTS OF 1981, P.L. 309 ENACTED BY 174E
'West a distance of 214 27 lest. thence North 00 degrees 37 mrules 01 second, East. padle4 .5:0 the West Line of 566NE4.AL 4577507Y Cf 016 STAB Cf INDIAN. AND ALL ACTS AMENDATORY OR SUPP1ENENTARY THERETO,
the sail, SwN••s: Quarter Sect<n, a distance of 1693 Leal, thence North 89 degrees 52 m'0o1,s 08 seconds West A:4 AN 74.31150170 ADC BY THE CCvvr7N CCAINOL Cf THE CITY CF CARMEL, INDIANA, THIS PLAT 4AC
of 265.00 feet to the west line of saw Southwest 7,7rtr; thence Sculls CC degrees 37 minutes CI 01 15 APPROVAL BY THE OT! Cf CAR51l, AS FOLLO4?:
seconds 'West along aria west Ind o distance of 63731 fed to the P601 of Beginning C°nten549 28.025 area, 1 199
more or less AYPTED BY THE CARMEL FLAN CCNN:951p1 AT A NEEB50 OSLD,Q 1
THIS SU5DI'.15091 CONSISTS Cf 38 LOS. NUMBERED 4 2 r1R000Y. 4 3, 60 THROUGH 63, 120, 145 THROUGH 143, 150 CAb0EL /CLAY PLAN CC'NVISS ;CN
THROUGH. 157, 165 0.00006 177 AND BLOCKS AND CCNV7 {4 AREAS TCC£Tr1ER WTi STREETS AND EA7176E1TS AS
5H0'414 H7RE01.
THE SF V LOS AND 51GCKS AND CGNVCe1 AREAS AND '4;,045 OF STREETS AND EASEMENTS ARE SHOWN IN 8 Y. r.
FIGURES CC0OING FEET AND 060 PARTS THEREOF. DIP,EC OR 517.3., C Eye./k%y
DEPARTMENT Cf CCN'NUNTI 05VELOP1 :,9T
CROSS-REFERENCE 15 HEREBY NATX TO SURVEY PUT RECORDED AS INSTRUMENT NUMBERS 9763 IN THE CfF1 CARMEL, INDIANA
Cf THE RECORDER OF HAMILTON CO'JNT5, INDIANA.
TMS PLAT WAS G1£N APP BY THE OA "D 15 PUBLIC RKS A V THE CITY Cf CARMEL,
IHCIAN,N�Ai A N55Ti4G HELD 770 7ti CN THE DAY Cf r 199
I, THE UNCERSG4ED, 519551 CER i'.r; THAT i AM A REGISTERED LAND SURVEYOR, lICc1SED IN CCVF 147170 YIM 1111E
LAWS V ME SOME Cf INDIANA AND THAT THE 450119 PLAT REPRESENTS A 578DIY51C41 V THE LANDS SURV£TED
4511-11 THE CROSS REFERENCED SJP.1£Y FIATS. AND THAT TO THE BEST Cf NY 63045iDCE AND BELIEF MORE HAS -1'1'✓"
BEEN NO CHANGE FROM THE 611 RS CR SURVEY RE0EALE0 BY THE CROSS- REF;REPa0 S1R5£15 CN ANY LINES 6 CC sra,nt3 Pianaid 0,f ,F175-7",---,
THAT A =E CC6vCN wiH ME 974 50071 /069. 57
9. t 073,59 CE., LFr 0157 THE SAID S;& WAS RATTED UNDER
MY DIRECT Stn :.8,15109 AND CONIRCk AND IS TRUE AND CCRRECi TO THE BEST Cf NY 67504 577
*LEDGE AND 017
'4 i1E$i NY SIGNATURE t: 19 _I 010 CfPo�zN?J C�2 T991 N V5i0 d!d/y a•rkC .S
7 1 CI N4Lr.
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REGISTERED LAND 90050775
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EXHIBIT A
I
OAK VIEW ASSOCIATES
DELAWARE TRACE POOL FACILITIE
CAMEL INDIANA
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V
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4:''''. 1 1 1
58927 54'
5193
A
1 1
1 E 1
I I I
1 L J
L 1
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POOL HOU
A 1
SE
F1N. 11.9. ELEV.
7.--
772.70
1
I 1
1 -F64a.
1
L
I POOL 1
I
1 I
I I
igl ■,Y,..■■...Y-Y-Y--V--Y-Y-Y-Y-X--Y--Y--..Y-
EXHIBIT B