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HomeMy WebLinkAbout6558 Red Cedar Way - Pulte Homes 2009023376 ENCROACHME $25.00 04/23/2009 09:23:27A 8 P65 Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented APPROVED ao CONSENT TO ENCROACH APPRoI As TO FORM Err Approved 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 188 ("Lot'), with a common address of 6558 Red Cedar Way, Cannel, 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 terns 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 78.8 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 nke e4-rcle.ri Norr I Print-9#' Name AA James Brainard, Presiding Officer r of ec Lam,r./ ate. Printed��� Cam' AIM Signatur;� ary n Burke, Meober _O Date: Date: i-O c fil Lori Wats glo er Date: 1/09 TTEST: 01 1 160 u Clerk for Diana Cordray, I M Clerk- Treasurer Date: i-F(1 O C C- 5 STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Q fl 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 day of /f.. 4 200t. THEODORE KATTMANN Nrita kibiii °ni Indiana NOTARY PUBLIC iaNci1, .ICourity'ofMarn ilia n My Commission Expires: I My Commission Expires Feb. 1, 2012 4 isil Printed Name f My County of Residence: i i...../4.--, STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared S MARY ANN BURKE and LORI WATSON, by me know. and by e�kriown t be th Members of the City of Cannel Board of Public Works and Safety, and ei Is' e. clerk ,ate x q Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the 0 4i r C o t o f� f Encroach" on behalf of the City of Carmel. Indiana. y r s. J= Witness my hand and Notarial Seal this day of 2 v NOTARY PUBLIC *3 My Cornmrsslor? Expires f 1 Q�� a i' 0,,,;,, 4//2// Printed Name My County of Residence: V \L i iilk 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. D 62 7 A4 4) ..k f ili i 1 4..44 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 #188 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" Ex/-I1 -f-- 8 1 WINDSOR 11- ELEV 1C Gar. FFE 779.3 Nate: RIGHT HAND Brick 3 Sides 1st Fir FFE 781.1 Minimum Front yard-25 FULL BSMT- 9' Walls TOW 780.1 Minimum 5188 Yard -3' 3 CAR Side Entry Bsmt FFE 771.3 Minimum Aggregate -s Wd Deck "3" Drive Slope 2.1% (Between Houses) Minimum Rear Yard N/A HP STM INLET 91.92' rc =776.7D Q MOTRI HOo Pith 1 15 E. D. @.©511®t3 O�t 'BASE HOUSE STANDARD FEATURES" 33.T j 1 41.7' 1 i 3 CAR SIDE ENTRY GARAGaE ui w T FAMILY ROOM EXTENSION I BRICK 3 SIDES E8IT y y FIREPLACE 1 osat'r p ;,p PATIO 1 g d I a (3) 4X4 WINDOW WELLS 13.87 24.5K "SELECTED FEATURES" bO h WINDSOR 11 1C O DECK (FULL 8$M1 rf O g SUMP 1 25.' OPrr 31 T CAR r x 5.P I"B07' 1 POR i ry 1 0.1 t LOT 188 I I 21.t 31.3 P ij m ±11 SF 25' B.S.L. 3 PAD 778.8 PER PLAN 3 30.0' 17 20 D.BU. D� leIIL71 91.92' t em 'tnar>I w 5' WALK II _1 Avxn, TOY Z' CURB w, SSD 10,0' CMIT STM INLET i TC =778.10 IXX.XI= Proposed Grade Drainage Flow RED CEDAR WAY xx.x Existing Grade 50' R/W (30' BC.-BC) J Conc Flatwork Sq. Ft ±1531 Public Walk Sq Ft ±459 Sod Sq Yds ±356 AN SEWER Seeding Sq Ft (5048 SAN MH 748 SAN MH 749 TC=778.01 TC =779.84 Mote: Contractor should verify site specific information depicted hereon with the approved construction and melon control Flood Hazard Note: plans for this development. Also, Contractor should reference Architectural plan for foundation orientation and dimensions. Lot Number 188 lies within Flood Hazard Zone'X" par the scaled location on the Flood Insurance Rate Maps f Note: fry Hamilton County, Indiana (Community Panel e18057CO235F, The proposed construction grades, contours. and proposed sheave dated February 19, 2004 The as depicted hereon are based upon irdormadm 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 upon a field survey. soil types, and conditions within the building areas of this COOR Consulting Lend Services, Corp. does not warrant the development have been provided endlor referenced an said correctness or Integrity o1 this Informetion. The contractor/owner documents. Witt) the excavation of the proposed structure should verify existing conditions prior to construction. My varying foundations, certain care and observations should be made in regard field conditions or any discrepancy with the information contained to such conditions as soli types and fluctuating water tables. Dtrvg hereon should be immediately reported to COOR Consulting Leal the excavation process should any unsuitable soils or ground water Services. Corp.; failure to do so would result in the con( acorkwnere be witnessed, the builder shall be Immediately notified for further assumption of liability. examination and consultation. At the builders discretion. add'rfonat construcdon techniques may be necessary to alleviate future problems. GMML b @nIEIEC3 PLOT PLAN fs @5tl@ Prepared For. °ore E U 11©1rJ 4 I:od ��o� p iC(�ll �gD�ang Cow DEo��l @Gf`IB@@9 INSTR. #200500009933 PC 3, SLIDE 580 C (7 00 f7 (1 O 01i C.O.C. #200500011991 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 188 (888) 593.2667 (785)3455943 FAX (765) 345-5692 6558 RED CEDAR WAY Pulte Homes of Indiana DATE: 02/24!09 JOB #2003 100.188 REVISIONS: CARMEL. IN 46033