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HomeMy WebLinkAbout6559 Red Cedar Way - Pulte Homes o 2009023379 ENCROACHME $25.00 04/23/2009 09:23:27A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented APPROVED 0 CONSENT TO ENCROACH Approved By �if� APPftOV:D AS TO FORM SY- THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Pulte Homes of Indiana, LLC, an Indiana limited liability company, 11590 North Meridian Street, Suite 150, Carmel, Hamilton County, Indiana 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNES SETH WHEREAS, Owner owns in fee simple Lot 183 "Lot with a common address of 6559 Red Cedar Way, Carmel, Hamilton County, Indiana 46033, in the Cherry Creek Estates Subdivision which is 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 Plat Cabinet 3, Slide Number 580 as Instrument #200500009933 in the Office of the Hamilton County Recorder on February 18, 2005, as Cherry Creek Estates, Section 4; and WHEREAS, the current Owner wishes to install a driveway that will access a side- load garage on the Lot (the "Site Improvement and 1 WHEREAS, Owner has given the City a sketch ("Sketch'') depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a Drainage, Utility and Sewer Easement (the "Easement identified as "10' D.U. S.E." on Exhibit B; and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, Owner and City acknowledge the location 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 Improvement as indicated by the Owner on Exhibit B should not materially interfere with the 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 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 2 (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 Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 4. Owner agrees that City shall have the right to remove any portion of the Site Improvement 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 the Easement, 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 Improvement, the Lot, 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 or damage to any property or improvements, located on the Lot, or otherwise, and /or for any failure of proper disclosure pursuant to Paragraph 11 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and /or agents in, on, under, across or to 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 therein caused by the installation, construction, maintenance and /or operation of the Site Improvement. 3 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 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. 11. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Lot on and after the effective date of this Agreement. 12. The existing elevation of 78.7 feet (as indicated on Exhibit "B shall remain unaffected by the Site Improvement. 13. The amount of fill placed within the limits of the Easement shall be limited to that amount of fill reasonably necessary to construct the Site Improvement. 14. The fill slope from the edge of the Site Improvement to existing grade shall not exceed that slope considered reasonable for lawn maintenance purposes. 4 "OWNER" '`CITY'' PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY ke /V or Pri ted Name AA James Brainard, Presiding Officer r v ec- /114- rirt7r- Date: Printed Title Signatur M: y Burke, Men }b r` Date: `7 Date: 3 2._?— U 9 l Ui' Lori W tson, Date: t Sandra IVI. n ATT ST: Deputy Cler fog son, 14 4.. d _AO D iana Cordray, I M.fClerk- Treasurer Date: ?1 a-0`414-0■, ■LfACNK\ 5 STATE OF INDIANA SS: COUNTY OF Before me. a Notary Public in and for said County and State, personally appeared t(e, ,e40 FOR PULTE HOMES OF INDIANA, LLC, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. pp l�yy Witness my hand and Notarial Seal this aS' day of /yl,,,A THEO�U KATT MMNN Notary Public; State•of(lndiana,; (County.of:Hamilton F r- i;.,,� NOTARY:PUBLIC My Commission+ExpiresrFeb 1;?oi My Commission Expires: a3' t)=i ce 'K,: 610/01 Printed Name My County of Residence: /4 STATE OF INDIANA SS: COUNTY OF HAMILTON ice Before me, a Notary Public in and for said County and State, personally appearedr' MARY ANN BURKE and LORI WATSON, by me knov an i E by, `k t ca r o be; t e Members of the City of Cannel Board of Public Works and Safety, and 1 A. i f Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the toaoirkg, C oro ,r'rt q l! r .y Encroach" on behalf of the City of Carmel. Indiana. Ci Witness my hand and Notarial Seal this t, day of t 2 t t :v5 NOTARY PUBLIC P. ,fie+ My C 0 ,r1 1 k.-I:x C ommission Expires: ►>>►�r>+ p 1 1 a 4 7 1 //6V//7 Printed Name My County of Residence: f-li a/1)-61 This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that .I have taken reaaonable`care to redact each Social Security Number in this document, unless required by law. P -J ii 6 LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #183 in the Cherry Creek Estates Section 4 subdivision. Recorded in the Office of the Hamilton County Recorder on February 18, 2005 in Plat Cabinet 3, Slide 580 as Instrument #200500009933. EXHIBIT "A" ��.ii L I l�x4 +Lr,- 8 BUCKINGHAM ELEV 1C Gar. FFE 779.2 Note: LEFT HAND Brick 3 Sides 1st Fir FFE 781.0 v i t' y Minimum FULL BSMT 9' Walls TOW 780.0 Minimum Se yard 25 Side Yard 3' 3 CAR Side Entry Bsmt FFE 771.2 Minimum Aggregate 8' Drive Slope 2.2% (Between Houses) Mini urn Rear Yard N/A t WATER LINE W W RED CEDAR WAY Qzolo1msd Rg®Gth 5 50' RAN (30' BC -BC) ga D ®o e 00 'BASE HOUSE STANDARD FEATURES' II STM INLET 100— r CURS wr est) rj a inn 9' FULL BASEMENT Mar APRON g 3 CAR SIDE ENTRY GARAGE WALK BRICK 3 SIDES PATIO rum s 1 1 �4t (3) 4X4 WINDOW WELLS +7 91 r,r R SAN MK 749 TC778.01 8 2 U. &S.S.E. z r 0• CONC TC =779.84 .s' I'm' 28.3 \1/ i .•x•; MJ r 5.0--�-r� rt: THREE CAR ii i ®1 SU4P ry t 8 NEXC 1 pT I ,5., ..•3 QM 3 LOT 183 BUCKINGHAM IC O ±13 791 SF (FULL UW11 1 b D I PAD 778.9 PER PLAN CV .Sail/. 27.77 1 1 tit r' 17. 4 61-- ri:lvi 1 PATIO r 1 3 1 j I m w DA: r, Proposed Grade d 85.8' Drainage Flow i 54.0' I b i w XX.X Existing Grade y Conc Flatwork Sq. Ft ±1734 Public Walk Sq Ft #450 15' D.U. &S.E. Sod Sq Yds #337 t T�777 08 Seeding Sq Ft ±4900 90.00+ OVIi Note: Contractor should verify site specific information depicted hereon with the approved construction and erosion control Flood Hazard Note: plans for this development. Also, Contractor should reference Archlteduraf plans for foundation orientation and dimensions. Lot Number 183 Hes within Flood Hazard Zone "X" per the Note: scared location on the Flood Insurance Rate Mape for Hamilton County, Indiana (Communlry Panel #1805700235F. The proposed construction grades, Contours, end proposed structure dated February 19, 2003). elevations u depicted hereon are based upon Infommaton provided Note: upon the approved construction documents prepared for this development. Unless otherwise stated hereon. no Information This drawing is based upon construction plans and/or record penatrdng to but not limited to, fluctuating water tables elevations, drawings prepared by others and is not based upon a field sunray. sot types, and conditions withIn the building areas of this COOR Consulting Land Services, Corp. does not warrant the development have been Provided end /or referenced on sold correctness or Integrity of this information. The contractorlowner documents. With the excavation of the proposed structure should verify existing conditions prior to construction Any varying foundations, certain care end observations should be made In regard field conditions or any discrepancy with the Information contained to such conditions as soil types and fluctuating water tables. During hereon should be Immediately reported to COOR Consulting Land the excavation process should any unsuitable eolie or ground water Services. Corp.: failure to do so would result In the contraCtorIowners be witnessed, the builder shall be Immediately nodfled for further assumption of liability. examination and consultation. At the builders discretion, additional construction techniques may be necessary to alleviate future probie ma. GN GENV ©RRRE PLOT PLAN ,A [�QQ Prepared For r 0 {���yy hNSTR, SLID 01X)9933 ©(�l zaoa S��l g t°=[ Da)nIYI @Go:T11C5@ PC 3. SUDS SBO C.O.C.#2 00500011991 G O P O p 4 O In 'r 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 183 (888) 593 -2667 (765) 345.5943 FAX (765) 3455692 6559 RED CEDAR WAY Pulte Homes of Indiana DATE: 02/27/09 JOB #2003-100.183 REVISIONS: CARMEL, IN 48033