Lakes of Hazel Dell - Zaring Homes CONSENT TO ENCROACH APPROVED, AS TO
FORM RY:
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Zaring Homes, Indiana LLC, 2629 Waterfront Parkway East Drive, Suite 301, Indianapolis, Marion
County, Indiana 46214 "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 Lakes at Hazel Dell
Subdivision, which is located within the corporate limits of the City of Carmel, Indiana "Subdivision
and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on July 29, 1999, as The Lakes at Hazel Dell, Section 1; and
WHEREAS, Owner wishes to receive the City's consent for three existing signs (the "Signs
three existing walls (the "Walls and six existing and proposed nature trail entries (the "Entries on the
Real Estate; and
WHEREAS, Owner has given the City sketches "Sketches depicting the proposed location of
the Signs, Walls and Entries on the Real Estate, copies of which are attached hereto and incorporated
herein by this reference as Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F and Exhibit G;
and
WHEREAS, the Signs, Walls and Entries are constructed on a portion of the Real Estate
designated as Drainage, Utility Sewer Easements and Common Area/Drainage Sewer Easements
a,. a..: m dw l,iliu dqus wia,n nn snunq 1
(collectively, the "Easements identified, respectively, as "15' D.U. &S.E., 25' D.U. &S.E. and Common
Area/Drainage Sewer Easement." on Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F and Exhibit
G; and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Signs, Walls and Entries encroach (the
"Encroachments upon the Easements, which Encroachments are crosshatched on the Sketches; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the installation of the Signs, Walls and Entries as indicated by the Owner on Exhibit
B, Exhibit C, Exhibit D, Exhibit E, Exhibit F and Exhibit G 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 the Signs, Walls and /or the Encroachments from what is depicted on
Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F and Exhibit G.
4. Owner agrees that City shall have the right to remove any portion of the Signs, Walls and /or
Entries 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 Signs, Walls and /or the Entries
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 Signs, the Walls, the Entries or the Encroachments in the Easements.
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 Easements and /or any improvements
located therein caused by the installation, construction, maintenance or operation of the
Signs, Walls and /or the Entries.
7. 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.
i: 1∎∎,,,„rd.\<01111\for a,me•ioiamd„csriNo] 3
8. 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.
9. 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.
10. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
ZARING HOMES, INDIANA LLC CITY OF CARMEL, INDIANA
By: Shawn Gault, Process Control Manager BY AND THROUGH ITS BOARD OF
PUBLI WORKS AND SAFETY
A, 211 P CO lvi�� /C:7 Gault, Process Control Manager Ja Brainard, Presiding Officer
SSN: 3 0 q1( Zug. Date: 9 cA 7 CO.
Date: 1 UCH
/_A.A/I
M. An, Bur Me ber
Da ;7-00
�l alker, ember
D 1,v/e,
ATT.
I
Diana Cordray. Clerk asurer
Date: Z
d nru of A.. AuIlVinnNZai ine =ipia doc%/ I /uo 4
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared SHAWN
GAULT, Process Control Manager of Zaring Homes, Indiana LLC, by me known, and who acknowledged
the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed.
aoc�p
Witness my hand and Notarial Seal this I D day of Ow 1h
NOTARY PUBLIC
My Commission Expires: f
S c� hk2P.i`
Printed Name
My County of Residence: )d
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 thisX day of td J r 9 v
("al iZe, (9)frt_CC__L.
NOTARY PUBL C
My Commission Expires:
/9. i2eic -t
Printed Name
My County of Residence: I/4/Y)[
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
5
THE LA<ES AT -AZEL DELL
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NOTE:
PROPOSED NATURE TRAIL ENTRIES TO BE INSTALLED IN
CLEAR (,0N
A. 2,
44. I 4 LOCATIONS IN COMMON AREAS AS FOLLOWS:
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3 SQUARE COLUMN ,,i<
5' H MP II HI 114 X,
I I t -1- 1. COMMON AREA 8, BETWEEN LOTS 228 229
44 2. COMMON AREA 8, BETWEEN LOTS 222 223
1 4*" $S 3. COMMON AREA 9, BETWEEN LOTS 215 216
8/2 PRO.05E0 4' 5100041.4 Y AIL N lb r A
4. COMMON AREA 9, BETWEEN LOTS 210 211
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EXHIBIT 7,
PROPOSED NATURE TRAIL ENTRIES
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i ali9:! ENCROACHMENT
CD 1 1442 \002\.x,1 El,;310:D',
DOC 07/20/=0