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HomeMy WebLinkAboutCherry Creek Estates - Pulte Homes s Lb 200500007371 P"=<, Filed for Record in HAMILTON COUNTY, INDIANA a JENNIFER J HAYDEN 02 -07 -20+15 At 12°47 am. ENCROACHMNT 22.00 1 0 0 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, 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 Number 99 "Lot with a common address of 5966 Tanana Drive, 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 452 as Instrument #200400076921 in the Office of the Hamilton County Recorder on November 10, 2004 as Cherry Creek Estates, Section 2; and WHEREAS, Owner wishes to construct a residential driveway (the "Driveway on the Real Estate; and WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Driveway will be constructed on a portion of the Lot designated as a Drainage, Utility Sewer Easement (the "Easement identified as "10' D.U. S.E." on Exhibit B; WHEREAS, the Easement is beneficial to the City and its residents; and [eb.msword:z \shared\dhdl \consenttoenc roach \pultechcrUlot99consentdoc :1/4/05] 1 WHEREAS, as indicated on the Sketch, the Driveway will encroach (the "Encroachment upon the Easement, which Encroachment is crosshatched on the Sketch; 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 installation of the Driveway as proposed 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 (ii) Owner complies with the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Driveway and/or the Encroachment from what are depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion of the Driveway 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 any or all of the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation [eb msword:z:\shared\dhill\ consent[ oencroach \pultechcrk21ot99consentdocI /4/05] 2 to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Driveway 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 and/or damage to any property or improvements, located on the Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or related to the Driveway or the Encroachment in 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 any or all of the Easement and /or any improvements located therein caused by the installation, construction, maintenance or operation of the Driveway. 7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding on any entity to which Owner may transfer its responsibility for the Driveway. 8. Owner agrees that the placement of the Driveway in the Easement shall be at Owner's cost, expense and risk and that, if City, in its sole discretion, performs any work in the Easement, including, but not limited to, install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, that causes damage to the Driveway, or any part thereof, any and all repairs to same shall be the sole responsibility of the Owner and that, under no circumstances shall the City be responsible for any costs of relocation and /or repair of the Driveway. [eb:msword:z:\ shared\ dhillkonsenttoencroach \pultechcrk2lot99consent .doe 1/4/05] 3 9. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from 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 cost and expense. 10. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 11. The persons 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. 12. This Agreement shall be effective as of the date on which the last party hereto executes same. "OWNER" "CITY" PULTE HOMES OF INDIANA CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUIORKS D SAFETY 1/ David Com ton, Vice t'resident of Land Acquisition mes Brainard, Presiding Officer SSN: OP LE W rTV\ (-v t•cITOt2-t4 ate: Date: 1V1 1- _..‘a if Mary A Burk-, Member Date: l f1� Lori Watson, Me ber Date: /2) ATTEST: ,tet ,Diana Cordray, IAM C erk- Treasurer Date: �eb'msaord c \documents and settings \jhutcherson \local settings \temporanv mtemet tiles \olk2b \pultecherk2lot99cons4 doc I/6/05� STATE OF INDIANA L SS: COUNTY OFGwvki h Before me, a Notary Public in and for said County and State, personally appeared DAVID COMPTON, VICE PRESIDENT OF LAND ACQUISITION OF PULTE HOMES OF INDIANA, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. i 0 t S v 0,„„,7,,„,,,, Witness my hand and Notarial Seal this day of C l L s_t r+ r NOTARY PUBS i r. My Commission Expires: 1 QQ G /ND 1A� 3 Printed Name 'uniiiillo My County of Residence: g U.' i 1 h 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 and •y me.k be the Members of the City of Carmel Board of Public Works and Safety, and iii 46',..x. G *BKA k- Treas of THE CITY OF CARMEL, who acknowledged the execution of the•foreoi.ngr,,pnsent To Encroach" on behalf of the City of Carmel, Indiana. r A� c v a Witness my hand and Notarial Seal this day of 7 7 1d tA 5j( d (?f G; NOTARY PUBLIC 'i,V.:',15;,;,-.• My Commission Expires: T„ fC:6/.5 4 7/ 1 -C,:.!.., ,4i;, 110i 7.-'01 Printed Name p 1 i t i ov\___" My County of Residence: 2-42 i This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 1 eb mseord c \documents and settings Outcherson \local settings \temporary Internet files \olk2b \pultecherk2lot99cons5t doc I/6/05] LEGAL DESCRIPTION Part of the Northwest and Southwest Quarters of Section 22, Township 18 North, Range 4 East, in Clay Township, Hamilton County, Indiana Lot #99 in the Cherry Creek Estates, Section 2 subdivision. Recorded in the Office of the Hamilton County Recorder on November 10, 2004 in Plat Cabinet 3, Slide 452 as Instrument #200400076921. EXHIBIT "A" S: \DHILL \FORMS \LEGALDESCRIPTION Note: v Note: Retaining Contractor should verify site I LAKE #1 system for grading may specific information depicted N.P.= 761.00 necessary for w hereon with the approved 100 YR.= 762.78 necessary basements. construction plans for this development. j END SECTION INV= 761.00 i Q�a.GWCSC� H ©nr\h STM INLET C.A. #3 u TC= 768.50 VAR. D.E. 2 ©011 Ll2©0410S n OO 1 ,690 90.00' L65.01 LOT 99 xl 15'D.E. is ±11 700 SF W I 1 40.T i PAD 771.9 PER PLAN w w a cn -�[?�r� S 165.4 fllFllrll o I ^14._1� __o��rrs --lc�1�8.�� is g o y 166.01 DECK 'A"1 o o 66 01 O 127.8' 24 66' i 2' F M IL T Y 13 67. CD //J J/ 4 0 60' WINDSOR II 5C 2 Cl. c- I t (WALKOUT BSMT) 2 1 c.,-) m t T- 24.0' `."4' SUMP 'fit 1 3433' PIT ^1 I 3, 8' THREE CAR 171.91 GAR BW POR Garage Finish Floor L 1 3.3 feet above curb 3 I (7.1- 1083' 01o50. at center of drive. I -73 w AI K STM MH u, 25' B.L. TC= 771.90 lit' Gar. 7 s s SAN MH 1st F FFE 776.0 j c 30.0' 3/TC= 771.80 SAN MH F 7 74.0 §E 20' D.U. &S.S.E. TC= 768.60 Bsmt FFE 766.3 ®k SAN SEWER Drive Slope 5.2% 170.9Jt� 1 21 J 90,00 _!;171.41 1 5' WALK APRON N., 1 LXX Xf Proposed Grade Drainage Flow 70.71 z CURB wtSSD 10.0' 1 XX.X =Existing Grade I TANANA DRIVE Conc Flatwork Sq. Ft ±1514 50' RNV (30' BC BC) Public Walk Sq Ft ±450 WATER LINE Sod Sq Yds ±359 w w Seeding Sq Ft ±2842 jHYD Note: Minimum Front yard 25' WINDSOR II ELEV 5C Minimum Side Yard 3' LEFT HAND Full Brick Minimum Aggregate 6' FULL WALKOUT BSMT 9' Walls Flood Hazard Note: (Between Houses) 3 CAR Side Entry Minimum Rear Yard N/A 2' Fam Rm Ext, Wd Deck "A" Lot Number 99 lies within Zone "X' per the scaled location on the Flood Insurance Rate Maps for Hamilton County, Indiana (Community Panel #18057CO227F, dated February 19, 2003). Note: The proposed construction grades depicted hereon are based upon Note: information, proposed grades and /or contours, taken from the approved construction plans prepared for this subdivision. Unless This drawing is based upon construction plans and /or record stated hereon, no information pertaining to but not limited to, drawings prepared by others and is not based upon a field survey. fluctuating water table elevations, soil types or conditions within the COOR Consulting Land Services, Corp. does not warrant the building area of said lot, has been provided or referenced on said correctness or integrity of this information. The contractor /owner plans. With the construction of a basement, it is recommended that should verify existing conditions prior to construction. Any varying the lowest floor elevation he constructed at least two (2) feet above field conditions or any discrepancy with the information contained any adjoining bodies of water unless a study of facts reveals hereon should be immediately reported to COOR Consulting Land otherwise. Should any ground water be witnessed during the 1 Services, Corp.; failure to do so would result in the contractor /owners excavation of said structure, the lowest floor elevation should be 1 assumption of liability. EXHIBIT "B" raised at least two (2) feet above the ground water level and f additional construction techniques should be incorporated to ENCROACHMENT alleviate future problems. C[rJE(L? C(�R PLOT PLAN S MMYCM Prepared For: F a..?. l cJ' 0, Li tl 000) 0 G ncwv'rR-'.=p,"°r�- rr_"',1.n o I NSTR. #200400051680 1' c©r��a ��rJ�u�Q s� PC 3, SLIDE 452 c, p 5 2 0 OD Ile) LOT 99 '1. µms:; 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA (88B) 593 -2667 (765) 345 -5043 FAXII: (765) 345 -5692 5966 TANANA Drlvr Pulle Homes of Indiana DATE' 12/27/04 JOB 112003- 100.099 REVISIONS: 2 CARMEL, IN 46033