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Home My WebLink About6523 Red Cedar Way - Pulte Homes 1 2008034850 ENCROACHME $26.00 07/02/2008 02:25:03P 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH APPROVED AS TO FORM BY 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 180 "Lot with a common address of 6523 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 (cb.msssortl:llapps2Wscr data' coglsharcd\lpickcttWorms\conscnts to eneroachlpulte then crock estates lot 180.doc.6i /08J 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:msoordaapps2 \user dataknglshared 1pickeMforrnskonsents to encroach\puke cherry creek estates lot 180.doc:6 /08] \A (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. [eh:msuord:papps2\user data\ eng\sharedllpickettVormslconsents to encroach\pulte cherry creek estates lot I80.doc:6 /08[ 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 71.2 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. Ieb: msword:Uapps2\uscr data l eng lthareddpickettlforms\consents to encroachlpulte cherry creek estates lot 180.doe:E408] "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PU: IC WORKS AND SAFETY M: Xe A.-re/Pc) Ar PrinteAll Name mes Brainard, Presiding Officer rfc(lec-7 /44...,; Printed Titl�� Signature ary n Burke, Member Date: Date: 6 7 Lori Wats&i e7er Date: �Q Sandra M. Jobnsog Deputy Cl®: to ATTEST: Diana Cordray, M CCler. 'reasurer Date: D ip, �eb:tnstsord:l'apps2\user dataknglsharedUpickctt Vormskonsents to encroach\pulic cherry crock estates lot 180.doc:6 J081 STATE OF INDIANA JOANNE M SHEPHERD S. Notary Public Notary Seal COUNTY OF t 404) STATE OF INDIANA HAMILTON COUNTY MY COMMISSION EXP. FEB. 26,2010 Before e, a Not Public in and for said County and State, personally appeared M 1 KE b� 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 1 day of .(,4t-- 200 iiisid?„,,,,,,, AI 1 1.4./..." NOT RY PUBLIC My Commission Expires: Al E tit &H EY th cgo j61 0 Printed Name My County of Residence: c:4 4 7 0114 -0: 4 3k) STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appea J BRAINARD, MARY ANN BURKE and LORI WATSON, by me kno an• b e "oWIi to be' Members of the City of Carmel Board of Public Works and Safety, and `'i: -t., le Treasurer of THE CITY OF CARMEL, who acknowledged the execut of Dre C otus e n t To Encroach" on behalf of the City of Carmel, Indiana. t .�S v -0 Witness my hand and Notarial Seal this day o :7:20 1 -'lr b1 y E.- e Ai .4 NOTARY PUBLIC My Commission Expires: ��rte�c►tt �e� an r 9//6' /e.? Printed Name My County of Residence: IIMII 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 real nable ear yo redact each Social Security Number in this document, unless required by law. To v -3 C., f e [cb:mscord: \lapps2\uscr data \cn8lsharcdllpickcttVbrtnslconsents to encroach\pulte cherry crxk estates lot 180.doc:6608] LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #180 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" rxA001e,c+ �1 BUCKINGHAM ELEV 1C Gar. FFE 775.5 Note: RIGHT HAND Full Brick 1st Fir FFE 777.3 M Front yard 25' FULL GARDEN BSMT 9' Walls TOW 776.3 Minimum Side Yard 3' 3 CAR Side Entry Bsmt FFE 767.5 Minimum Aggregate 8' Wd Deck "5" Gard. Window 771.5 (Between Houses) D rive Slope 9.6% Minimum Rear Yard NIA WATER LINE W w RED CEDAR WAY La(t{1[hr�CB3G� �g h 50' R/W (30' BC-BC) g ]OC�o 9" 0' STM INLET II "BASE MOUSE STANDARD FEATURES" TC= 770.29 �plti z cure e /SSP 10.0' &Y•M 9' FULL BASEMENT 11, 1 3 CAR SIDE ENTRY GARAGE pwnctc BRICK 3 SIDES PATIO r 1 (2) 4X4 WINDOW WELLS (1) 2X2 SAN MH 735 SAN MH 748 'SELECTED FEATURES" cOito II TC.768.68 TC= 778.01 �nT: 9' FULL GARDEN BASEMENT 114 w tN7ht 1141 BRICK 4 SIDES l �r DECK'S- THREE CAR 3.3' AHEM t ry Y. a i LOT 180 BUCKINGHAM IC ±13,603 SF pp tin SENT) in PAD 774.4 PER PLAN i a ±[11.1 Mete: Retaining i I I system for grading may be necessary for K garden basements. 157'21= Proposed Grade Drainage Flow co XXX Existing Greda stit1N Conc Fletweric Sq. F1= ±1550 Public Walk Sq Ft ±450 Sod Sq Yds ±337 STM INLET 90 00' Seeding Sq Ft ±6567 TC= 764.92 Note: Contactor should verity site specific kdormation depicted hereon Flood Hassid Note: with the approved construction plans for this development. Also, Contractor should reference Archlteaural Lot Number 180 Iles within Flood Hazard Zone X per the Plans la foundation orientation and dimensions scaled location on the Flood Insurance Rate Nape for Mote: Hamilton County, Indiana (Community Panel 818057CO235F, dated February 19. 2003). The proposed cwrstuction erodes, contours, and proposed *tuatara Note: elevations es depicted hereon are based upon Information provided upon the approved obettuction documents prepared for thin 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 fades elevations, drawings prepared by others and is not based upon a field survey. it types, and conditions within the bolding areas of this COOR Consulting Land Services. Corp. does not *want the development have been provided and ter referenced on said correctness or imegrity of Shia Information, The contadorfowner documents. With the excavation of the proposed strurxure etquld verify existing conditions prior to construction. My varying foundations, certain care end observations should be mode in regard fleid conditions or any discrepancy with the information contained to such conditions as sob types and fluctuating water tables. During hereon should be irmeciatey reported to COOR Consulting Land the excavadon process should any unsuitable soils or grand water Services. Corp; failure to do so would result Si the contractor/owners be witnessed, the bolder shall be immediately notified for further assumption of aabltiy. examination and consultation. At the builders diaaedon, additional constnxtlon techniques may be necessary to alleviate future problems. CGi1CGG3G147 C�G3CCEC3 PLOT PLAN I�SnLI°. U� Prepared For ��yy O� f z d� S INSTR. 9200300009933 DInL �mOlS�Ql�� V" ""�'��9 PC 3, SLIDE 580 P GO O 0' 4 I:1 O Ire C.O.C. #200300011991 41 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 180 (888) 593.2667 (785) 345.5943 FAX#: (765) 3455692 6523 RED CEDAR WAY Pulte Homes of Indiana DATE: 04/18/08 J08 #2003-100.180 REVISIONS: CARMEL, IN 48033 l