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HomeMy WebLinkAbout13934 Salmon Dr - Pulte Homes APPROVED AS TO FORM BY ;4111, CONSENT TO ENCROACH 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 WITNESSETH: WHEREAS, Owner owns in fee simple Lot 176 "Lot with a common address of 13934 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 concrete driveway that will access a side- load garage on the Lot (the "Site Improvement and 2008034846 ENCROACHME $22.00 07/02/2008 02:25:03P 6 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented ieb :msw'ord:s:\shared\pickett\fonns \consents to encroach\pulte cherry creek estates lot 176.doc:3/12/08] 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 �cb:mscord:s:\sharca 1pickctt\forms \conscnts to encroach puke cherry creek estates lot 176 doc 3/12/081 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, landscape, 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. [eh :msoords:VharcdVpiekett \forms \consents to encroach \puke cherry creek estates at 176. dot r.3112/08J 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 67.5 feet (as indicated on the Sketch) shall remain unaffected by the Improvement of this Lot. 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 proposed driveway. 14. The fill slope from the edge of the driveway to existing grade shall not exceed that slope considered reasonable for lawn maintenance purposes. eb: msword :sashared\Ipickett\forms\consents to encroach\pulte cherry creek estates lot 176.doc:3/12/08] 4 "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUBLIC W RKS AND SAFETY gar(Je V)01 /160 Prigted Name James Brainard, Presiding Officer rr9 e M t i Gt N.r Date: Printed Title Signature Mary n urke, Wmbel QD p 7 0 .7 Date: of Date: Lori Watson, bier Date: f 41 CPI ATTEST: l OeAd I 20 Diana Cordray, IAMC, Clerk /Treasurer Date: deb :msword:s:\shared\pickett\forrns \consents to encroach\pulte cherry creek estates lot 176.doc:3/12/081 5 JOANNE M SHEPHERD STATE OF INDIANA rublF Notary Seal 5T TE OF IND A SS: HAMILTON COUNTY COUNTY OF i�tRIM ILi U)►) 1 I B 262010 Before me, a Notar Public in and for said County and State, personally appeared M i KE j34,& 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 1 play 20' O .4111L l i1,0 /keLei NO'TAR' UBLIC My Commission Expires 1 0- IMV I A -0/ )40 0--1° Printed Name -I My County of Residence LID STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared J� 13� I MARY ANN BURKE and LORI WATSON, by me known, and ,by n (known to=be the' L��hnser� Members of the City of Carmel Board of Public Works and Safety, and s Llerk, P` Treasurer of THE CITY OF CAREL, who acknowledged the executlond of t he f oregoi ng M `p sent To Encroach" on behalf of the City of Carmel, Indiana. t j s -03 my 2 day ..r Witness m hand and Notarial Seal this da of �rl rl t;�20; L" t NOTARY PUBLIC i My Commission Expires: nn .//40 9 Printed Name My County of Residence: IA, (YU 1 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 reasonable care to redact each Social Security Number in this document, unless required by law. t cu S A h eb:mseords:\shared\Ipickett \forms \consents to encroach\pultc chcrn creek estates lot 176.doc:3/14/08] 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 #176 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" BUCKINGHAM ELEV 1C Gar. FFE 768.4 Note: LEFT HAND Brick 3 Sides 1st Fir FFE 770.2 3 FULL BSMT 9' Walls TOW 769.2 Minimum Side Yard 3' S z 3 CAR Side Entry Bsmt FFE 760.4 Minimum Aggregate 6' Drive Slope 2.1% (Between Houses) Minimum Rear Yard WA WATER LINE w w SALMON DRIVE La° Z011IlD Th Ids E©D h 50' R/W (3a BC-BC) �iyg][k 9" KY II STM INLET "BASE HOUSE STANDARD FEATURES" 10.0 z sacs VI/ SSD TC•766.89 9' FULL BASEMENT AnROri 3 CAR SIDE ENTRY GARAGE 5' Wux SAN MN 735 BRICK 3 SIDES f TC =788 .88 PATIO MEV 90.00 4x4 WINDOW WELLS (1) 2x2 SAN MH 736 20' D,U. &S•S.E 1 SAN SEWER 17 WINDOW WELL TC =767.10 30.0' 125' B .S.L. swot IlifilES ►an T HREE CAR X nitiEXCI 11 LOT 5 as N GAR o a BUCKINGHA C °.--1 o ±11 700 SF O (FULL asun I 4 11 O NO PAD PER PLAN 6 c..) 3 tai I MFPG 768.1 PER PLAN ,zoo 27.75 17.75 1 MA D y A GATq 1 0 s ,7' 4 .8' i M. Proposed Grade ce Drainage Flow 1 E XX.X Existing Grade 15' D.E. w 90.00' 1 Publi Walk Sg F 784 Ft t450 LO N A Sod Sq Yds ±337 `AT" Seeding Sq Ft ±4754 0 C.A. #14 f g VAR. D.E. END SECTION INV =757.26 Note: LAKE #4 Contractor should verify site specific Information depicted N.P. 755.00 hereon wth the approved construction plans for this Flood Hazard Not 11X1 YR 781,36 development.. Also. Contractor should reference Architectural plans for foundation orientation and dimensions. Lot Number 175 11es within Flood Hazard Zone 'X' per the stated location on the flood Insurance Rate Maps for fie' Hamilton County, Indiana (Community Panel018o57CO235F. dated February 19, 2003). The proposed construction grades, contours, and proposed structure elevations as depicted hereon ere based upon information 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 pertaining to but not limited to, fluctuating water tables elevations, drawings prepared by others and Is not based Won a field survey. sal types, and conditions within the building areas of this COOK Consutting Land Services, Corp. does not warrant the development have been provided and for referenced on said correctness or Integrity of this Information. The con documents. With the excavation of the proposed structure should verify existing conditions prior to constriction. Any varying foundations, certain care and obeervatIOrls 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 immedlateiy reported to COOR Consulting Land the excavation proceea should any unsuitable sods or ground water Services. Corp.: failure to do so world result in the contractor/owners be witnessed, the bolder shall be Immediately notified for further assumption of liability, examination and consultation. AI the builders discretion, additional cons ruCtlon techniques may be necessary to alleviate future problems. ,ftffl L 3�'l C L�'C3 PLOT PLAN lir rraUG� Prepared For �3R rc `3Cd64U@)MA 4 ..:-.'3 �ri 1 ..:.aa— @'oih mol 1511ng C33 Om d tS @SZ9 INS PC 3. SLIDE 6 O Ip DD O 17 8] 4 0 O fist C.O.C. #2005000 1 t 991 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 176 p r (888) 593.2667 (765) 345-5943 FAX#: (765) 345.5692 13934 SALMON DRIVE Pulte Homes of Indiana DATE: 02/12/08 JOE #2003 100,175 REVI ONS: CARMEL, IN 46033 ;CA 6 64„