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HomeMy WebLinkAbout6571 Paddle Dr - Pulte Homes fit CONSENT TO ENCROACH Ai' 77CT :Li 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 247 ("Lot"), with a common address of 6571 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 2010025917 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented 1111111111110111111111111111111111111011111111111111111 [ebansword:y: sharedIpickettTonsents to encroach\pulte cherry creek estates lot 247.doc:2 /Ii ID) 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:n sword:v:'shareddpickett consents to encroach pulte cherry creek estates loi 247.doc:2/15/ 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: msword :y:tsharedtlpickett''consents to eneroach■pulte cherry creek estates lot 247.doc: /15!IOJ 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 western 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. Ieb:.nss ord:}. \consents to encroach \pulte oho iy ct eek estates lot 247.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 PUB C WORKS AND SAFETY Printed Name nes Brainard, Presidin Off cer T MAN D te: o I t r ted Title 29. s Sigit% •e Mary n Burk Me fiber Date: 6' of D Date: 0 r Lori Wats nber Date: (o /i 0 ATTEST: Sandra M. Johnson, i eputy clerk f Diana Cordray. IA I Clerk- Treasurer Date: i 2-'/ 0 1eb.nn ord c shored Ipidctt consrnn io mn oath puler char; ii¢l. aan< lot _'7 ?.hw_'. I5 0 5 STATE OF INDIANA )SS: COUNTY OF't J—f Before me. a Notary Public in and for said County and State, personally appeared 7o FL ki d/#Psla 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 6 day of Ay 20 16. NOTARY PUBLIC My Commission Expires: Y 1 .2.4)4- Printed Name My County of Residence: 14,.., an STATE OF INDIANA THEODORE KATTMANN SS: Notary Public, State of Indiana County of Hamilton COUNTY OF HAMILTON My Commission Expires Feb. 1, 2012 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, a by known to be th Members of the City of Cannel Board of Public Works and Safety, and C e":0 rk- 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 2 day of O.X.)--V`-k_ 20 lb,. NOTARY PUBLIC My Commission Expires: C Printed Name A^ My County of Residence: 0 l 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. tlial CM01111110 Ct1CKGIcI, IR l e CIhRry a tek CS11. lot 254.cx1 15 101 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 #247 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 778.7 Note. RIGHT HAND Brick 3 Sides 1St Fir FFE 780.5 Minimum Front yard 25' k rr, d M 'z'`' FULL BSMT 9' Walls TOW 779.5 Minimum Side Yard 3' 3 CAR Side Entry Bsmt FFE 770.7 Minimum Aggregate 8' Drive Slope 2.2% HYD (Between Houses) 4 Minimum Rear Yard WA WATER LINE W W 1 T 4 PADDLE DRIVE 50' R/W 26' BC-BC) Qmt lit iu H©[ a:10@o9 =X30' STM INLET TC= 777.17 ::ii=- 7 UM WI SSD Mil APRON 1„,,, B WALK z. SAN MH 776 TC= 779.30 SAN SEWER 11*1 1 90.00' 11/4111 SAN MH 775A -BASE HOUSE STANDARD FEATURES TC= 776.30 tz DRIVE 31.0• 1 20' D.U.6S.S.E. 9' FULL BASEMENT 4...., 3 CAR SIDE ENTRY GARAGE Ikt 5' 6 BRICK 3 SIDES -3. WAt U FIREPLACE 28.3 �f;If•RI \t, ?t4k1 4'X8' DECK :*et \c+r i I (3) 4X4 WINDOW WELLS THREE Y 5.0' DEB i .o• tuNEm) S 25.' I N N %T J D LOT 247 BUCKINGHAM UT) C rFUU MAT) D ±14,875 SF PAD 778.4 PER PLAN -404 u I (V M.F.G. 778.9 PER PLAN lib Rd Ii nom• a If o CA r 1 to I cn nt 8C.1' 7 1' Proposed rade Drainage inage Flow STM INLET ii XX .X a Existing Grade TC= 775.90 I 20' D.U.66.E Conc Flatwork Sq, Fl ±1500 Public Walk Sq Ft ±450 Sod Sq Yds *337 20' T.P.E. Seeding Sq Ft 18548 f 90.00' ■LIM Note: Contractor should verify she epedfc Information depicted Flood Hazard Note: hereon with the approved construction and erosion ood ntr plans for this development Also, Contractor should reference Lot Number 247 lies wnrdn Flood Hazard Zone X per the Architectural plans for foundation orientation and dtmansicru. scaled Iocatlon on the Flood Insurance Rate Maps for Note: Hamilton County. Indiana (Community Panel p18057CO235F, dated February 19, 2003). The proposed construction grades, contours, and proposed structure elevations es depicted hereon are based upon information provided Note: upon the approved construction documents prepared for this This drawing Is based upon construction plans and/or record development Unless otherwise stated hereon. no information W pertaining to but not limited to, fluctuating water tables elevations. drawings prepared by others and Is not based upon a field survey. scd types, and conditions within the building areas of this COOR Consuldng 6 Land Services. Corp. does not warrant the development have been provided andtor referenced on said corednese or integrity of this Information. The contractorlowner documents. With the excavation of the proposed structure should verify existing conditions prior to construction. Any varying foundations, chain care and observations should be made in regard field conditions or any discrepancy with the idormation contained to such conditions as soli types and fluctuating water tables. During hereon should be lmmedately reported to COOR Consulting Land the excavation process shoud any unsuitable sods or ground water Services, Corp.; (alum 10 do so would result In the contractor/owners be witnessed, the bulkier shall be Immediately notified for further atdIty. assumptbn of l examination and consuttation. At the bulidere discretion, addhlonal construction techniques may be necessary to alleviate future problems. (5G,7E�- nnv Cc EEn PLOT PLAN EXHIBI' r Prepared Fo r� 11 t M II dM14 1 r JL Il UIN C .1 ��yy {�off r INSTR. #200600061902 j CLOD fl�l oulIRMEg3 az IDs of t� g.Gcm @Qz PC 4, SLIDE 165 i 4 (g OO P LP OO ff 4 li O [nil m 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 247 :r r (888) 593 (765) 345 5943 FAX (765) 345 6571 PADDLE DRIVE Pulte Homes of Indiana DATE: 02/8/10 JOB #2003.100.238 REVISIONS: CARMEL, IN 46033 &VII le/411# 13