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HomeMy WebLinkAbout13923 Salmon Dr - Pulte Homes 2008034848 ENCROACHME $26.00 07/02/2008 02:25:03P 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH trer‘ APPROVED AS TO FORM 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 194 "Lot with a common address of 13923 Salmon Drive, 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 [cb:rnsss'ord:\`apps2Wsu data tcngkehared'plckett7on \consents to eacroachlpultc cherr y creek estates lot 194.doc:6/p/O8) 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 ]eb:msrord:Uapps2luscr dat along \sharedUpickett Vormskonsents to encroach\pulte cherp creek estatcs lot 194.doc: 62/08] (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. �cb:msword: \\apps2\uscr data\ eng \shared\Ipickett\forms\consents to encroach\pultc chcmv creek estates lot 194.doc:6'081 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 67.7 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. ]eb:msword: \\apps2\user databng\shareapic ett\forms\consents to encroach\pulte cherry creek estates lot 194.doc:4118] 1 I "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUB IC WORKS AND SAFE/ /v1- ke._ 74t.c. 4 ,c g PrinteA Name ames Brainard, Presiding Officer "e ui Mekvia.Efe ate: AO Printed Title Signature Mary n Burke, Member Date: "7 E Date: b o Lori Watson, er Date: Sandra IVY.- ohnsoH►, ATTE T: Deputy G, 1� fore 1/4, Ld,,,,i d Pi iana Cordray,, er. Treasurer Date: /0 ,..;cr. 'Elea ]eb:msword; \\apps2 \user data eng \sharedUpickctt\forms\consents to encroach\puke cherry creek estates lot 194.doc:6T5�/08] STATE OF INDIANA JOANNE M SHEPHERD Notary Public -Notary `-mil S: S TATE OF INDIANA COUNTY OF PAX i ,e7D HAMILTON COUNTY MY COMMISSION EXP. FEB. 252010 Before me, a Not9ry Public in and for said County and State, personally appeared M 1 \.<F, f3AZD[■ 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. Witness my hand and Notarial Seal this 2 day of 1J' 20 l_,, AIL if i (OTA" Y PUBLIC My Commission Expires: �p� �nn doA. n)InJE. M ,S 1 EP 1-1E- l db d-4 gO 0 Printed Name My County of Residence: STATE OF INDIANA SS: COUNTY OF HAMILTON 'r l s y.4 P7 -L---''-1 J Before me, a Notary Public in and for said County and State, personallyappeared r JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known and by" lino o b h e Members of the City of Carmel Board of Public Works and Safety, and 4 a in erk Treasurer of THE CITY OF CARMEL, who acknowledged the execution of t foreg� g, O e IIsent, To-_ r Encroach" on behalf of the City of Carmel, Indiana. t; c c f r Witne my hand and Notarial Seal this x day of t= 00 i NOTARY PUBLIC 1 My Commission Expires: r,,,,„ f1 \S e (Lin_ Oavils -//e1/4 Printed Name My County of Residence: 'Mg /ik 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.lc en reasonable c to, r, 11 each Social Security Number in this document, unless required by law. j) 6v 1 0. S ''—I n J [eb:msword: \tapps2 \user datakng�shared\lpickett Vormskonsents to encroach\pulte cherry creek estates lot 194.doc:66'08] LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #194 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" r BUCKINGHAM ELEV EC Gar. FfE 768.9 Note: 'ca LEFT HAND Full Brick 1st Fir FFE =770.7 Minimum Minim Front yard 2s Y FULL BSMT 9' Walls TOW 769.7 Minimum Side Yard 3' 3 CAR Side Entry Bunt FFE 780.9 Minknum Aggregate 4 Wd Dedc '5" Dtive Shope 32% (Between Housed Minimum Rear Yard N/A STM INLET Math TC=745,99 90.00' L zzan ad UVh E 15'D.U.3S.E. 520®8 1 CJ I m I 'BABE HOUSE STANDARD FEATURES" 1 4 S 9' FULL BASEMENT 3 CAR BIDE ENTRY GARAGE j_ vi BRICK 9 SIDES PATIO osac z (2) 4X4 WINDOW WELLS a (1) 2X2 Pima WINDOW WELL b d l4 O `SELECTED FEATURES' 0 O BRlCK4SIDFS C :A 9UCi(NGWAM8C k O DECK '5" M o: (FULL saaarl W CO (3) 4X4 WINDOW WELLS r 21. SUMP ec I:f/ti 4.: Tx GA R LOT #194 mane) ed 3.3' �J/ ±11 700 SF 28.3' ter. .r '.i rr r 1 wl 6 ,,t• :atrf PAD 768.1 PER PLAN "ilk: 26 13.51. ..0' S I 20' D.BU.E, 1:41.1 141e1 W ATER LINE AY a PropoSad Grade swudt a Drainage now 1 I7AP) XX.X o E ds*1na Grade STM INLET "t 144 cuR9 was0 0.0' TCa766•86 11 Conc Flatwork Sq. Ft =11550 SALMON DRIVE Public Walk Sq Ft *450 50' R/W PO BC-BC) See in Yds {334 Seeding Sq Ft ={4854 SAN MH 736 SAN MH 735 TCa747,10 TC'768.68 SAN SEWER Note: Contractor should verily site apecl5c Information depicted Flood Huard Now hereon with the approved construction plans for this development. Also, Contractor should reference Architectural Lot Number 194 lies within Flood Hazard Zone •"X'' per the eons for foundation orientation and dknensbna, scaled location on the Flood Insurance Rate Maps tor Note: Hams ton County, Indiana (Community Panel 018057CO235F, dated February 19, 2003). The proposed conatudbn grades, contours. end propoved structure elevations as depicted hereon are boned upon information provided Note: upon the approved construction documents prepared for this This drawing is based upon conntrudlon plans and/or record development. 0g 1 Unless 1 0 0, a stated hereon, 1 Information elevations, drawings prepared by others and to not based upon a fled survey. soil types, e o c not limited to, fluctuating waareas er tables elevettorta, dr Y nos types, and condkforu within the W tid!rN of this COOR Consulting Land Services, Corp. does not warrant the devetpment have been provided and br referenced on said correctness or Integrity of this Information. The contractor/owner documents. With the excavation of the proposed structure should verify existing conck8ons prior to c 0810. dilort MY varying foundations, certain care and obeervatfona should be made in regard field conditions or any discrepancy with the information contalned to such conditions 9 soil types and fluctuating water tales. During hereon should be immediately reported to COOR Conauttng Land the excavation process should any unsuited+ soya or ground wetor Services, Corp.: failure to do eo would result in the contractor /owners be witnessed, the bade shall be Immediately notified for further assumption or liability. soaminstlon and consultation. At the bull dens discretion, addtt8Onel cond o 00 technique may be necessary t0 alevias fuere s 6G CGiGGC3 PLOT PLAN l�• �1 j o g3 �r9OO M Prepared For. o INSTR. SLIDE 009933 ti,�'�(f taaTIOQ�l a flsli i I tall V u�Zg PC 3, SLIDE 09933 U P (D O P sa {3 Ij O W C.O.C. ©200500011991 t 303 WEST MAIN STREET KNIGHTSTOWN- INDIANA LOT 194 (888) 593- 2667 (765) 345 -5943 FAX#: (765)345-5892 13923 SALMON DRIVE Pulte Homes of Indiana DATE: 05102/08 JOB #2003. 100.194 REVISIONS: CARMEL, IN 46033