Loading...
HomeMy WebLinkAbout13922 Salmon Dr - Pulte Homes 2008034849 ENCROACHME $26.00 07/02/2008 02:25:03P 8 PGS Jennifer J Hayden HAMILTON County Rec -rder IN Recorded as Presented CONSENT TO ENCROACH APPROVED AS TO FORM BY Z5 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 177 "Lot with a common address of 13922 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 (eb:msmord;1`apps2Wser daU tcnglsharcdllpickm\forms\cons= to encroach\pule char)' creek estates lot 177. doe :blp/OB( t 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 [eh :msword: \\apps2 \user data k. g\shareclUpickezt\forms\consents to encroach\pulte cherry creek estates lot 177.doc:6`/�/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. [eb:msssord:ltapps2luser dataknglsharea 1pickett Vormskonsents to encroach\pulte cherry creek estates lot 177 .doc:6/3/08] ti 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 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 dam\ eng\shared\1pickcttVormslconsents to encroach\pultc cherry crock cstates lot 177.doc:(4/08] "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PU' LIC WORKS AND SAFETY PrinteA Name fmes Brainard, Presiding Office cc'vJ e. C ate: 1, Printed Title Signature Mary n urke Member Date: .,2 -Or Date: /Z- .p/ Lori Watso embe Date: l7� Sandra M. Mohns0" ATTE T: D lay Clerk for liana Cordray,It C1 k- asurer Date: 'l Y D [eb:msword:Papps2 \user datalenglsharecNpickettlforms \consents to encroach\pulte cherry creek estates lot I77 doc:65J081 STATE OF INDIANA SS: IO ANNE M SHEPHERD COUNTY OA �C�`I NO S T AT E OF INDIANA HAMILTON COUNTY MY COMMISSION EXP. FEB. 26,2010 Before me, a Nota Public in and for said County and State, personally appeared A L M 1 KC P 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. l Witness my hand and Notarial Seal this 17_ day of ,U 20d NOT 1' Y PUBLIC My Commission Expires: 'A V Q C M i r k- n '7U'J d( I 0 Printed Name r1 CK-� My County of Residence: 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 LORI WATSON, by me known, d by, e "o to' the Memb of the City of Carmel Board of Public Works and Safety, and i T� ..;e4FA ler Treasurer of THE CITY OF CARMEL, who acknowledged the execution of ;the' f€regotng•_- .Co4 ent. To Encroach" on behalf of the City of Carmel, Indiana. ro' E r j x t �S Witness my hand and Notarial Seal this d of r 0 G 2 NOTARY PUBLIC My Commission Expires: fin n 1! 7 Printe Name titfit /77 My County of Residence: 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 ken reasonable care to 5edact each Social Security Number in this document, unless required by law. u J c C t t�� V [eb:rnsword: \1apps2 \user data cog \shared\lpickcit\.formsiconsents to encroachlpulte cherry creek estates lot 177.doc:6608j LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #177 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 1. a ®toy i BUCKINGHAM ELEV 5C Gar. FFE 768.7 Note: RIGHT HAND Full Brick 1st Fir FFE 770.5 Minimum Stunt yard 25' FULL BSMT 9' Walls TOW 769.5 Minimum Side Yarn 3' 3 CAR Side Entry Bsmt FFE 760.7 Minimum Aggregate 8' Drive Slope 2.1% (Between Houses) Minimum Rear Yerd N/A W W WATER LINE SALMON DRIVE L°ag3vicomscO Math 50' R/W (30 BD-9C) E©83fr ao 41 X30 STM INLET 11 TC=766.89 4:iN] 7 ass cur tea 10.0' 14r01 'BASE NOUSE STANDARD FEATURES" APRON 9' FULL BASEMENT 17,441 3 CAR SIDE ENTRY GARAGE MIIIIIIIIIMIIIII h:: fl:� (:f/Ya MMOT+ l :�:r/K, p BRTC O K 3 SIDES II SAN MH 738 I 7 (2) 4X4 WINDOW WELLS 8 (1) 2X2 TC =787,10 Dung r 0 20' D. &S•S,f. TC= WINDOW WELL •'L' 25' B.S.L. 'SELECTED FEATURES' �I V. 1R C1:lgs \'6 .[:YLt BRICK4 SIDES 4� �..,s, ,e. S 4 THREE 3.3' 'AV (A'+Etc) 1 nil a pa ii. I I V 4 2 a a J C LOT 177 o V. BUCKM:GHAM5C R ±11,699 SF TOO- lawn NO PAD PER PLAN l 1 ui cis I Q T MFPG 768.6 PER PLAN ear b t lWi P. tx 1:1;1111 I PATIO I g 4 .8 EKA: Proposed Grade L Drainage Flow XX.X Existing Grade in II 15' D.E. .1 C onc Flatwork Sq. Ft ±1794 ®i 90.00' MID Pudic walk Sq Ft ±450 I Sod Sq Yds ±338 a PAT+ Seeding Sq Ft ±4675 c 1 I C.A. #14 END SECTION VAR. D.E. 1 INV= 757.28 I COO Note: L AKE 44 Contractor should verity eke specific Information depicted N.P. 755.00 hereon with h the approved construe plane fa this 100 VR 761.36 development Also, Contractor should reference Ard,tecouat Flood Hazard Note: plans for foundation orientation and dnansiora. Lot Number 177 Yoe wnttin Flood Hazard Zone -X' per the acalad fixation on the Flood Insurance Rate Maps for Note: Hamilton County. Indiana (Community Panel 818057CO235F, dated February 19. 2003). The proposed oonstw 4ion grades, contours, and proposed structure Note: elevations as depicted hereon ere based upon Information provided upon the approved construe:en documents plowed for this This drawing Is hosed upon wrmsWctlon pons and/or record pertaining Unless otherwise stated hereon. no information drawings prepared by others and Is not based upon field survey. D 9 fo but not united to, fluctuating building water tables elevations, COOR Consulting 8 Lard Services, Corp. does not warrant the aril typos, and have b ee n r o within the d Iorrreferenced areas d this correctness or integrity d this Information. The mntradorlowner d ocume nts have been provided and for opoaedr on said itegr dournenta. With the excavation of the proposed ebucture should verify exlating mndtions prior to construction. Any varying foundations, certain care and observations should be made in regard field conditions or any discrepancy with the information contained to such oondt1ona es soil types and Ilucesting water tables. During hereon should be immediately reported to COOR Consulting Land the excavation process should any unsuitable sops or ground water Sadces. Corp.; failure to do so would result in the conbactodownere be witnessed, the Wader shall be Immediately notified for further assumption of liability examination and consultation. At the burden caspadan, additional construction techniques may be necessary to aaeviata future problems. CXII2NRI''I ©G3CGG3 PLOT PLAN r O ra Prepared For. ©omgmmatIBng £a ilaaoid a5®rvBcg®g39 INS 3 #200500009933 o IP GJ 0 17 t f( 8 Q C.O.C. #200500011991 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 177 (858) 593.2667 (765)345-5943 FAX#: (765)345-5692 13922 SALMON DRIVE Pufte Homes of Indiana DATE: 04118, JOB #2003 100.177 REVISIONS: CARMEL, IN 48033