Woods at William Creek - William Creek Woods LLC OCP 200400033786 i l e
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Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
05 -19- 2004 At 09:34 am.
ENCROACHMNT 28.00
CONSENT TO ENCROACH
APPROVED AS TO FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Williams Creek Woods, LLC, 1018 Henley Circle, Carmel, Hamilton County, Indiana 46033 "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 "Real Estate which is more
particularly described in Exhibit A attached hereto and incorporated herein by reference "Real Estate
commonly known as the Woods at Williams Creek residential subdivision, which is located within the
corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official replat of the Subdivision was recorded in the Office of the Hamilton
County Recorder on October 29, 2002, in Plat Cabinet 3, Slide 75 as Instrument No. 200200081175, and
as the Woods at Williams Creek; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
WHEREAS, Owner has given the City sketches (the "Sketches depicting the proposed location
of the System on the Real Estate, copies of which is attached hereto and incorporated herein by this
reference as Exhibits B, C and D; and
WHEREAS, the System will be constructed on a portion of the Real Estate designated as Public
Right of Way (the Right of Way), identified as Wetherby Lake Drive, Salsbury Creek Drive, Bolderwood
Lane and Foxdale Lake Drive on Exhibits B, C and D,
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WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the System will encroach (the "Encroachments upon
the Right of Way, which Encroachments are crosshatched on the Sketches; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval or existing or
future improvements not indicated by Owner on Exhibits B, C and D; and
WHEREAS, the installation of the System as proposed by the Owner on Exhibits B, C and D
should not materially interfere with the City's use of the Right of Way.
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 the System and /or the Encroachments from what are depicted on Exhibits
B, C and D.
4. Owner agrees that City shall have the right to remove any portion of the System 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 Right of Way, or for any other
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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 or to Owner.
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 act of the
Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or
related to the System or the Encroachments in the Right of Way.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to any or all of the Right of Way and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
System.
7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the System.
8. Owner agrees that its use of the System will not create standing water and/or other drainage
problems that affect the City or adjacent property owners and that, if such problems arise,
City, in its sole discretion, may itself remove or may notify Owner who shall then
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
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9. Owner agrees that the water flow from the System shall be directed away from all street
travel lanes and that water from the System shall not be permitted to spray onto, traverse or
otherwise come into contact with any travel lanes or paved areas of any street or street
intersection.
10. Owner agrees that the placement of the System in the Right of Way shall be at Owner's
cost, expense and risk and that, if City, in its sole discretion, performs any work in the
Right of Way, including, but not limited to, the maintenance of grassy areas /landscaping or
the snow plowing of streets or sidewalks, that causes damage to the System, 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 System.
11. Owner agrees that certified record drawings of the installed System shall be provided to the
City immediately upon completion of the construction of same, which drawings shall show
by dimensional location, among other things, the location of all sprinkler heads, piping,
controllers, valves, meter pits, and similar System instruments and/or equipment.
13. 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 cost and
expense.
14. The parties hereto agree that the terms of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
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15. 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.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
WILLIAMS CREEK WOODS, LLC CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
I PUBLIC ORKS AND SAFETY
I
Ralph Akard, Mana r n r games Brainard, Presiding Of r. cer
SSN: E,.7,r� g l J Z b Date: Ai A
Date: L Q
S r
Mary A r urke, Ig.mber
Date:
Lori Watson Membe.
Date:
AT EST:
Sand, :A M. Johnson
Lik �e,�, ay Clerk for
li ana Cordray I D irk-Treasurer
D ate:
IGINAL To:
RETUR JO
SANDR, CARMEL
CITY Or SQ V ARE
ON E CIVIC 4 6032
GAR MEL I N
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STATE OF INDIANA it
n' \:44N1.4:, -1 gyp,
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared RALPH
A_KARD, Manager of WILLIAMS CREEK WOODS, 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 A /'r' 200 9(
r
NQ AR' PUBLIC
My Commission Expires: n
,..2 2-.6 P ri� P rint ed Name h�e.�
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 kno own t b 3�ie
Members of the City of Carmel Board of Public Works and Safety, and L.C, C er luf
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the' gi Ri To
t
Encroach" City on behalf of the Cit of Carmel, Indiana. ?p. i
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f ti c9
Witness my hand and Notarial Seal this day of r: ;•r s ..20
l w•
NOTARY PUBLIC 9 1
My Commission Ex „'r.
{r:
4 /0/07 Printed Name "a;'`•t
..F
My County of Residence: //4 e,.J
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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I, the undersigned, a registered land surveyor in the State of Indiana, hereby certify that the within plat represents a survey and subdivision
prepared under my supervision of a part of the East Half of the Southeast Quarter of Section 22, Township 18 North. Range 3 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 22, Township 18 North, Range 3 East; thence North 00 degrees 27
minutes 30 seconds East (assumed bearing. based upon Indiana State Plane Coordinate System) on the East line of said Southeast Quarter
600.00 feet to the Northeasterly corner of real estate conveyed to the Board of Commissioners of Hamilton County, Indiana, per a Trustee's Deed
recorded as Instrument Number 9335266 in the Office of the Recorder of Hamilton County, Indiana, said corner being also the PLACE OF
BEGINNING of the within described real estate; thence continuing North 00 degrees 27 minutes 30 seconds East on the East line of said
Southeast Quarter 2039.00 feet to the Northeast corner of said Southeast Quarter; thence South 89 degrees 36 minutes 36 seconds West on the
North line of said Southeast Quarter 1318.02 feet to the Northwest corner of the East Half of said Southeast Quarter; thence South 00 degrees
21 minutes 30 seconds West on the West line of the East Half of said Southeast Quarter 2338.96 feet to a point that Is 300.00 feet North of
the Southwest corner of said East Half, said point being the Northwesterly corner of real estate described In a deed recorded as Instrument
Number 200000063392 In said Recorders Office; thence North 89 degrees 36 minutes 33 seconds East on the North line of said real estate,
measured parallel with the South line of said Southeast Quarter 549.50 feet to the Northeasterly corner of said real estate; thence South 00
degrees 21 minutes 30 seconds West on the Easterly line of said real estate, measured parallel with the West line of said East half 300.00 feet
to the South line of said Southeast Quarter; thence North 89 degrees 36 minutes 33 seconds East on the South line of said Southeast Quarter
163.92 feet to the Southwesterly corner of the aforesaid real estate conveyed to the Board of Commissioners of Hamilton County, Indiana, said
corner being 600.00 feet West of the Southeast corner of said Southeast Quarter; thence North 00 degrees 23 minutes 27 seconds West 40.00
feet; (this and the following four courses are on the westerly and northerly perimeter lines of said Board of Commissioners real estate) 1.)
thence North 89 degrees 36 minutes 33 seconds East parallel with the South line of said Southeast Quarter 525.00 feet; 2.) thence North 44
degrees 57 minutes 54 seconds East 43.63 feet, by measurement (North 45 degrees 00 minutes 00 seconds East 42.43 feet, by the aforesaid
deed) to a point that on a line that is 45.00 feet west of and parallel with the East line of said Southeast Quarter; 3.) thence North 00
degrees 27 minutes 30 seconds East parallel with the East line of said Southeast Quarter 530.00 feet to the Northwesterly corner of said real
estate; 4.) thence South 89 degrees 32 minutes 30 seconds East 45.00 feet to the place of beginning, containing 74.781 acres, more or less.
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