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HomeMy WebLinkAbout6559 Paddle Dr - Pulte Homes CO A. -y APPROVED k 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 WITNES SETH: WHEREAS, Owner owns in fee simple Lot 248 "Lot with a common address of 6559 Paddle 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 4, Slide Number 165 as Instrument #200600061902 in the Office of the Hamilton County Recorder on October 13, 2006, as Cherry Creek Estates, Section 5; and WHEREAS, the current Owner wishes to install a driveway that will access a side- load garage on the Lot (the "Site Improvement and 2010025913 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented 11111111 IIIIIIIIIIII IIIIII IIII eb :mswordv:$hareddpickettwonsenls to rncroach�pulm cherry creek estates lot 24H.doe2/t 5 /10] 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 �eb:msword:y:lsharedtlpicketl \consents to encroach \pulte cheer creek estates lot 24S.doc:2 /13 /10] 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, 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: msaord :y _Om ed]lpicketticonsents to enc.oachlpuhe cherry creek estates lot 248 doc:2 /10] 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 elevations along the eastern property line 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 :v<''shareddpickettconsents to enc roach\pulte cheirq cr eek estates lot 24S.doc:2/15'10] 4 "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUBLI WORKS AND SAFETY a PIA -1 ?s4 Printed Name J es Brainard, Presiding fficer 4 c 1"�a ►VFI E� Date: 6 ted Title AL- Sig re Mary A n Burke, Member Date b -/0 Date: 4e 24 1, Lori r ats \lember Date: Oa-. f ATTEST: Sandra IVLJohnson Ihreleaft for Diana Cordray, IAMC, C1 Treasurer Date: ce 2 0 f.i::nuuo;A <lia. i 11,irl.nt cc r.,nit, to cncm:rh oltc chrrn riot, 6t,11. lo; '_a'.::la 1; iitl 5 STATE OF INDIANA SS: COUNTY OF Ile,r^1 Before me, a Notaiy Public in and for said County and State, personally appeared FOR PULTE HOMES OF INDIANA, LLC, by me known, and who acknowledged execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and Notarial Seal this 6 day of 20 /0. NOTARY PUBLIC My Commission Expires: Kt #0.9 ...r� Printed Name My County of Residence: X..., 4 THEODORE KAT MA N STATE OF INDIANA Notary Public, State of Indiana SS: County of Hamilton My Commission Expires Feb. 1, 2012 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, an b me }mown to e the Members of the City of Carmel Board of Public Works and Safety, and i r i Treasurer of THE. CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this c day of 20 (D. &4 NOTARY PUBLIC My Commission Expires: Wish/ Printed Nanie My County of Residence: A t hn This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for peijury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. I ,::,,....song y ,hared 1pid.cu conttom: to co inch pulic cherry ct, S: cstt. lo, 2 1r1c.1 15 ;iil 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 #248 in the Cherry Creek Estates Section 5 subdivision. Recorded in the Office of the Hamilton County Recorder on October 13, 2006 in Plat Cabinet 4, Slide 165 as Instrument #200600061902. EXHIBIT "A" BUCKINGHAM ELEV 1C Gar. FFE 778.3 Note` RIGHT HAND Brick 3 Sides 1st Fir FFE 780.1 MWmum Front yard 25 FULL BSMT 9' Walls TOW 779.1 Mtrdmum Side Yard 3' 3 CAR Side Entry Bsmt FFE n 770.3 Minimum Aggregate 6' Drive Slope 2.2% (Between Houses) WATER LINE W w Minimum Rear Yard N/A PADDLE DRIVE 50' R/W (26 BC BC) IZZU MGd Ki©VROW 10.Q, %S TM C 7 7717 %'S� 7QC�'o tt aD o CURa W1 SSD WV! TC =77 9.30 6 BASE HOUSE STANDARD FEATURES" IIMI 7s WALK Weill I, b YJkI AN SEWER 9' FULL BASEMENT 3 CAR SIDE ENTRY GARAGE SAN 30 t BRICK 3 SIDES 20' D.V.BS.S.E. 1 FIREPLACE 3C.o' 4'x8 DECK (3) 4X4 WINDOW WELLS 25' B.S.L. TWALK cow r. 22.1 28.3' t1; 1 THREE CAR 51,101 4 zV awe N I (wNexC) y0;• I :111 R. —25.0' e i V L -!Th LOT 248 et MT ±14,875 SF (FULL asrtr) QO a PAD 778.0 PER PLAN (NI r,�. I N M.F.G. 778.5 PER PLAN wri tr fl•l�l m tree 4, cn C° 1.13 DECK 1 0 1 b re 1 7E .1' 8C.1' J 'ji Proposed Grade Drainage Flow .i HP STM INLET XX.X Existing Grade 20' D.V.BS.E. TC= 775.90 Cone Flatwork Sq, Ft ±1500 Public Walk Sq Ft ±450 20' T.P.E, Sod Sq Yds n ±337 1 Seeding Sq F1= ±8178 1 I 90.00' iris Note: Contractor should verity site specNc Information depicted Food Huard Now hereon with the approved construction and erosion control plans for this development. Also. Contractor should reference Lot Number 248 Nes within Flood Hazard Zone X' per the Architectural plans for foundation orientation and dlmenetona. scaled location on the Flood Insurance Rate Maps for Note: Hamdton County. Indiana (Community Panel #18057CO235F, dated February 19, 2003). The propoeed caretrucdon grades, contours, and proposed structure elevations as depleted hereon are based upon Information provided Note: upon the approved construction documents prepared for this This drawl b Dried upon tx)fhawdbn and/or record development Unless otherwise stated hereon, no bntonnadon nil dans pertaining to but not limited to, fluctuating water tables devotions, drawings prepared by olhere end Is not based upon a field survey. soil types, and conditions within the building areas of this COOR Consulting Lard Services, Cap. does not warrant the development have been provided and tor referenced on said correctness or 6degrity of this information. The contractor/owner documents. With the excavation of the proposed s5u taro should verify existing conditions prior to construction. Any varying foundations, certain care and observations shaAd 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 immediately reported to COOR Consulting 8 Lend the excavation process should any unstltab a sails or ground water Services, Corp.; failure to do so would result In the contractorlowners be volt neared, the butidgr shall be Immediately notified for further assumption of liability. examination an consultation. At the binders discretion, additional construction techniques may be necessary to alleviate future problems. JJ ©IXIE 3G V EM PLOT PLAN EXHIBIT rg01 /A.VE Prepared For: m fE(' ItJSTR. #200800081902 1 Y 1 1 60O �t1�MQ{O�iI�J Q�I�ild �G�'(P�6C��9 PC 4, SLIDE 185 O Cr' P a0 W ta] `3 n O ffli Nit,...) 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 248 :i (888) 593 -2687 (785) 345 -5943 FAX#: (765) 345 -5692 8559 PADDLE DRIVE Pulte Homes of Indiana DATE: 02/09/10 JOB #2003. 100248 REVISIONS: CARMEL, IN 46033 Sl 6