111th/Springmill - The Bridges - JEC Partnership .s
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APPROVED CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (the "Agreement is entered into by and between JEC
Partnership, L.P., an Indiana limited partnership (the "Owner and the City of Carmel, Hamilton
County, Indiana (the "City by and through its Board of Public Works and Safety (the "BPW
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate that is located within the corporate
limits of the City and that is more particularly described in what is attached hereto and incorporated
herein by this reference as Exhibit "A" (the "Real Estate
WHEREAS, the Owner wishes to install a six (6) foot tall berm (the "Berm and landscaping,
(the "Landscaping pursuant to the Bridges PUD Ordinance number Z -550 -11 (the "PUD Ordinance
which will be landscaped per the terms of the PUD Ordinance and which will encroach (i) into those
segments of Spring Mill Road and 111 Street (collectively the "Rights -of- Way which are contiguous
to the Real Estate and which are identified on the drawing attached hereto and incorporated herein by
reference as Exhibit "B" (the "Drawing 1 and (ii) in the manner illustrated on the sketch attached
hereto and incorporated herein by reference as Exhibit "C" (the "Drawing 2
WHEREAS, the encroachments (i) of the Berm into the Rights -of -Way as illustrated in Drawing 1
and Drawing 2 and (ii) of the Landscaping into the Rights of Way, as described in the immediately
preceding clause, shall hereafter collectively be referred to as the "Encroachments
WHEREAS, on the date of the execution of this Agreement, the BPW approved the Owner's
request for variance from Carmel City Code Section 6 -227 (4) allowing the Encroachments and the
consequent change in grade to the Rights -of -Way (collectively the "Variances and this corresponding
Agreement; and,
1 2011048940 ENCROACHME $26.00
10/03/2011 02:30:12P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
1111111111111111111111111111111 1111111111111111111111
WHEREAS, Owner acknowledges that this Agreement does not imply any approval in the Rights-
of-Way of existing or future improvements other than (i) as set forth below and as indicated on Drawing 1
and Drawing 2 and (ii) the Landscaping.
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. At the conclusion of the public hearing of the BPW occurring on the date of the execution of
this Agreement, the BPW approved the Variances and the corresponding Application for
Consent to Encroach Agreement.
2. The City by and through the BPW hereby consents to the Encroachments for only so long as:
(i) the Encroachments exist; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. The slope and the width of the Encroachments may vary, provided that the Berm may
encroach into the Rights -of -Way by up to but never by more than twenty (20) feet and, in all
other respects, the Owner covenants and agrees not to extend, increase, modify, alter,
landscape, reconfigure or otherwise change the Encroachments and to maintain the Berm
and Landscaping in good condition and repair.
4. Owner agrees to indemnify and hold harmless the City and the BPW and their officers,
officials, members, employees, invitees, licensees and agents, from and against any and all
losses, liabilities, damages, claims, judgments, attorney fees and costs for bodily injury,
death, or property damage that results directly or indirectly from any act of Owner, its
2
employees, contractors and /or agents solely with respect to the installation, construction
and /or maintenance of the Encroachments in the Right -of -Way.
5. Owner agrees to reimburse City for any and all costs and expenses incurred by the City to
replace or repair any damage to the Rights -of -Way of and any improvements located therein,
caused by the installation, construction and /or maintenance of the Berm and the
Landscaping.
6. 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 ten (10) business days of 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.
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"
JEC Partnership, L.P., CITY OF CARMEL, INDIANA,
an Indiana li •ted partnership BY AND THROUGH ITS BOARD OF
4 PUBLIC ORKS AND SAFETY
By 44 O it/OT i^CZSP/ 7`
J n N. Pittman, general partner 9- 0 2j
Date r ?ftn James Brainard, Presiding Officer
Date
atJZ:4(12C,
M ry A Burke, Member
at
V
3
Lori Watson, Memp er
Date 7 a_t I
ATTEST
Di Cordray, IAI Treasurer
Date `I o? 7/
STATE OF INDIANA
SS:
COUNTY OFI
Before me, a Notary Public in and for said County and State, personally appeared John N.
Pittman, the general partner of JEC Partnership, L.P., an Indiana limited liability partnership, and
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his voluntary act and
deed.
Of i
Witness my hand and Notarial Se ll rh May of 1�i;h%%la 9W
o4 Jas 2 (9F o •e NClf A' Y PUBLIC
r
M ommission Expires: 4 O? j9u�
y NOTARY SEAL ?died Name
4 6 :4U 6 F!J4Iy County of Residence: l
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAM.
rlidARD, MARY ANN BURKE and LORI WATSON, the Members of the City of Carmel Board of
Public Works and Safety, and DIANA L. CORDRAY, Clerk- Treasurer of THE CITY OF CARMEL, and
acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel,
Indiana.
Witness my hand and Notarial Seal this of �12 /rjG er" 201L.
4
NOTARY PUBLIC
My Commission Expires:
l i�/ C ant) 1)3%/i
Printed Name iI
My County of Residence: t 7u/10/r
Return to: Charles D. Frankenberger, Nelson Frankenberger, 3105 E. 98` Street, Suite 170,
Indianapolis, IN 46280.
This instrument was prepared by Charles D. Frankenberger, Nelson Frankenberger, 3105 E. 98 Street,
Suite 170, Indianapolis, IN 46280.
1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
5
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\13eckAl7onIng R Real Estate Mattel s \Geishmanll I6 h and Slxmpndl\Demn Unc I E Dnc \Consent m Encroach doc
Exhibit "A"
Legal Description
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay
Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North, Range
3 East; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet along the
North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35,
Township 18 North, Range 3 East, to the point of beginning of the 70.174 acre tract of land described in
the Quitclaim Deeds recorded as the following Instrument Numbers: 9127260 to 9127264, 9217780 to
9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of Hamilton County, Indiana
and to the point of beginning of the 1.690 acre tract of land (called Parcel 2) described in the Quit Claim
Deed recorded as Instrument #200500026462 by said Recorder; thence South 13 degrees 00 minutes 48
seconds West 261.71 feet (measured 261.67 feet by deed) along the tenth course of the land description of
said 1.690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261.67 foot long course) to
its origin and to the Point Of Beginning of this description; thence South 13 degrees 00 minutes 48
seconds West 261.11 feet along the first course of the land description of said 70.174 acre tract of land
(the South 12 degrees 59 minutes 10 seconds West 522.967 foot long course) to the West Line of said
Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West
Line of said Northwest Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds
East 1,335.02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East
Half of said Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along
the East Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land
description of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot
long course), the following two (2) courses are along the boundary of said 70.174 acre tract of land; 1)
thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes
31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre tract of land
(called Parcel 2B) in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the
following five (5) courses are along the boundary of said 0.881 acre tract of land; 1) thence South 89
degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees 11 minutes 31 seconds East
10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West 145.00 feet; 4) thence South 00
degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89 degrees 48 minutes 29 seconds West
174.99 feet to the Eastern boundary of the 2.319 acre tract of land (called point "319" in the Parcel 2A
land description) described in the Quit Claim Deed recorded as Instrument #200500026462 by said
Recorder, the following three (3) courses are along the boundary of said 2.319 acre tract of land; 1) thence
South 00 degrees 11 minutes 31 seconds East 22.28 feet; 2) thence South 89 degrees 48 minutes 26
seconds West 130.00 feet; 3) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the
terminus of the third course (the South 89 degrees 48 minutes 36 seconds West 130.01 foot long course)
(called point "310" in the Parcel 2 and Parcel 2A land descriptions) of said 1.690 acre tract of land, the
following seven (7) courses are along the boundary of said 1.690 acre tract of land; 1) thence North 40
degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 seconds West
200.00 feet; 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees
34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 163.77
feet; 6) thence South 14 degrees 17 minutes 21 seconds West 131.35 feet; 7) thence North 76 degrees 57
minutes 39 seconds West 36.50 feet (measured, 36.78 feet deeded) to the Point Of Beginning, containing
63.661 acres, more or less.
Exhibit "B"
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JULY 11, 2011 O AMERICAN
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Exhibit C
50' PROPOSED 20' LANDSCAPE
HALF R/W BUFFER
20' SANITARY
ESMT.
20' R/W
ENCROACHMENT NOTE:
I 2'` I BERM TO BE LANDSCAPED PER
EDGE OF _CENTERLINE OF I THE REQUIREMENTS OF THE
-ROAD 111TH STREET BRIDGES PUD Z- 550 -11.
THE SLOPE AND WIDTH OF THE
10' 0 3:/ BERM MAY VARY, PROVIDED THAT
PATH THE BERM DOES NOT ENCROACH
INTO THE RIGHT -OF -WAY BY
MORE THAN 20'
EDGE OF
ROAD
EXISTING SANITARY J
SEWER PIPE
APPROX. LOCATION)
111TH STREET 6' TALL BERM
SCALE: 1 =20'
20' LANDSCAPE
BUFFER
50' PROPOSED
HALF R/W
OF SPRINGMILL
20' SANITARY
I ESM T.�
25' APPARENT J I 20' R/W ENCROACHMENT
RIGHT -OF -WAY NOTE:
I 15' WATER LINE 1 2' I 1 BERM TO BE LANDSCAPED PER
EASEMENT THE REQUIREMENTS OF THE
BRIDGES PUD Z- 550 -11.
EDGE OF I 3',1 THE SLOPE AND WIDTH OF THE
ROAD 0 3 1 BERM MAY VARY, PROVIDED THAT
p.7H THE BERM DOES NOT ENCROACH
L_ 1
1 INTO THE RIGHT -OF -WAY BY
1 I MORE THAN 20'
'EDGE OF
ROAD
EXISTING 20' WATER MAIN
APPROX. LOCATION)
EXISTING SANITARY
SEWER PIPE
(APPROX. LOCATION)
SPRING MILL ROAD 6' TALL BERM
SCALE: 1" =20'
BER EXH IT 111TH ST AND SPRING `TILL a
SHEET NO.
SCALE:
AMERICAN 7260 SHADELAND STATION DATE. 09/02/2011 6256-3957
S TR ".1 _s ,,x REPOI T EL 31 NDIA55 0 31 .543 0270 DRAWN BY PED 1
INC. www.structurepoint.com CHK'D. BY: AF
JOB NO. 2010.01114 OF