Woodfield Acres - Woodfield HOA Z.
200500037914
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
06 -20 -2005 At 11:04 am.
ENCROACHMNT 26.00
1 CONSENT TO ENCROACH
APPROVED AS TO FORM BY'
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and etween
The Woodfield Homeowners' Association, Inc., 5133 Woodfield Drive 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 in the Woodfield Acres
Subdivision located within the corporate limits of the City of Carmel, Indiana "Subdivision which real
estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on April 25, 1979 as Instrument No. 4793, in Plat Book No. 7, Pages 95 -97 as Woodfield Acres,
Section One; and
WHEREAS, Owner wishes to install irrigation and electric service lines (the "Service Lines at
the Woodland Drive entrance to the Subdivision (individually and collectively referred to hereinafter as
the "Site Improvements and
[eb:nswords:Vpickett forms \consents to encroach \woodfield gray rd. entrance consent doc 4 /29/05] 1
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Site Improvements, copies of which are attached hereto and incorporated herein by this reference as
Exhibit B; and
WHEREAS, the Site Improvements will be constructed on a portion of the Real Estate designated
as dedicated public right of way (the "Right of Way identified as "Woodfield Drive" on Exhibit B; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachment upon the Right of Way, which Encroachment is crosshatched on the Sketch; and
WHEREAS, the Site Improvements will also be constructed on portions of the Real Estate
designated as a Drainage and Utility Easement, identified as "20' D U Easement" on Exhibit B; and as
an Entry Post Easement, identified as "20' x 20' Entry Post Easement" on Exhibit B (collectively, the
"Easements"); and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachment
upon the Easements, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the locations of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Right of Way or Easements.
[eb:msword:s:gpicketAforms \consents to encroach \woodfield gray rd. entrance consent.doc:4 /29/05] 2
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 Encroachment for only so long as:
(i) the Encroachment exists; 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 Site Improvements and/or the Encroachment from what is depicted
on Exhibit B.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
as City deems necessary, City's sole discretion, to install, y ry, y o protect and /or repair any utility
p Y tY
lines, sewer lines or drainage ditches located in any or all of the Right of Way or
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 or to Owner.
5. 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
[eb:mswords: \Ipckett forms \consents to encroach \woodtield gray rd. entrance consent .doc:4 /29/05] 3
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
6. 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.
7. 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 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 agents in the Right of Way or
Easements.
8. Owner agrees to repair or replace, at Owner's sole cost and expense and to City's
reasonable satisfaction, any utilities or improvements (whether located above, below or on
the surface of the Right -of -Way and /or the Easements) damaged as a result of the
installation, construction, maintenance or operation of the Service Lines.
9. 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 or Easements and /or any
improvements located therein caused by the installation, construction, maintenance or
operation of the Site Improvements.
[eb.msword:s: \Ipickett forms \consents to encroach \woodfield gray rd. entrance consent.doc:5 /3/05] 4
10. Owner agrees to install identification tape or identification wire on the Service Lines that
will allow City to readily determine the underground location of the Service Lines.
11. 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.
12. 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.
13. 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.
14. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
"OWNER" "CITY"
WOOD D HO EOWNERS' CITY OF CARMEL, INDIANA
ASS ti CIATI• 1, INC. BY AND THROUGH ITS BOARD OF
By: Rob -istia drized'-presentative PUBLIC WORKS AND SAFETY
4/L.
Robert L. Christianson James Brainard, Presiding Officer
SSN: 46 --e2' Date:
Date: a 7-itCLPV
r
Mary Ann t urke, Member
Date:
Lori Watsor@ er
Date:
[eb•nuword.s: \Ipickett forms \consents to encroach \woodfield gray rd. entrance consent.doc 5/3/05] 5
AT0 ST: Sa a M.
I f,� f o
Diana Cordray; t C Jerk- Treasurer
Date:
Return to:
Sandra Johnson
City of Carmel Clerk Treasurer's Office
One Civic Square
Carmel, IN 46032
[eb.rnswords: \Ipiekett forms \consents to encroach \woodtield gray rd entrance consent .doc.4 /29/05] 6
STATE OF INDIANA ,i ay'l" d I
m UJ r:"1
SS: 3
COUNTY O
Before me, a Notary Public in and for said County and State, personally appeared R D'$ I i L.
CHRISTIANSON of the Woodfield Homeowners' Association, Inc., 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 3 day of 200s.
NO a Y UBLIC
My Commission Expires:
1.0 •1 �4 h(e
Printed Nam6
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 Jam=
B1 4R RD, MARY ANN BURKE and LORI WATSON, by me known, and by me known t bbe the
Members of the City of Carmel Board of Public Works and Safety, and DfAA`I. CO `Y, C erk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the forego4ing r :"Consent To
Encroach" on behalf of the City of Carmel, Indiana. :;;r,,, -t, •••.4,
Wi my hand and Notarial Seal this 16 day of 2
n
NO ARY PUBLIC i1DIAtIA
My Commission Expires:,
yk-d-
.3 1, a 00 k Printed Name ''P
My County of Residence: Cl /4 in /41) n
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
eb: msword :s: \lpicketAforms\consents to encroach \woodfeld gray rd. entrance consent doc:4/29/05] 7
LEGAL DESCRIPTION
Part of the West half of Section 21, Township 18 North, Range
4 East in Clay Township, Hamilton County, Indiana
All of the platted/ dedicated Right of Way of Woodfield Drive
included with Section 1, of the Woodfield Acres Subdivision as
recorded in the Office of the Hamilton County Recorder on
April 25, 1979, as Instrument Number 4793 in Plat Book 7,
pages 95 -97
EXHIBIT "A"
P
R
N 1 8 t 0
i
re 0 0
251.4/'
f
I
I
4 i
LIJ 1; I l'
:f
'..7 LL) t i..
1
t 2 --s o 0 1 .s o
wi o
5?.17.
to to k U. r, V11.;.
N C:i 1
NJ 1..-
3 4.1 1 i t. 1
i 1
t.i.
K.-',..4-,64-- ----77 -7=-7
,,,.-....,,,;.,-,-.445 :--ci
-.7..-7-..v.,,,,,,,_
1
F,.'r,
uk x 1' r !*-:4!, 1
re■ 41 0 20' ENTRY I L_ ;LI-A 16 D le
iv v ■cf.. 1
A lliosr EA SEM T 2 1 2 5 9
I ES. i
I
LO i !iii
0%
e. IV m mo
947 .4'411' 1!1.11:i 41: 62, 5
i g >.
rl• 44%. Viecitva
vg i,•"' ill WO 0 ,0 f I I. 0
/SO. 00
11, AAR 4.:
.!.1 :I
...1 al
WN
k AC.06
r 20 Z 0
/.5` x /5' sr Z./OHT
1 i
1 4 f 2 0 1
zwrAY POS 1 1 ..;.E
1: 1
1
1 EASEMENT 5 t 4 L..
I
4
stst‘il1/45
1., 4
I
i'.,
l'..i I
..0 k
Z 1 1.
1 1$
N 14j I 4 •4 .1
kt
to el
t4J p
tri t 4 ku
v) p
k
c\I 41 N. V 1 v?.
ic, 6 7 59. 11. N 4/ 3''r c ,59. fit
V
i
:4
Z 1
1 1.. 'l
i 1
Jo tO L
490.00' L-- ___/6
r1 AJ el
EXHIBIT "B"