Loading...
Lakeside Park Lot 130 - Drees Homes(e b: msword :sAshanxpipickcttVorrns4consenis to cncroach'drccs lakeside park cte doe:12/20/06/ CONSENT TO ENCROACH WITNESSETH: 1 2007011204 ENCR $26.00 02/28/2007 11:30:40A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Drees Homes, 6650 Telecom Drive, Suite 200, Indianapolis, Marion County, Indiana 46278, "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"), WHEREAS, Owner owns in fee simple Lot 130 ("Lot") in the Lakeside Park 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 680 as Instrument #200500048186 in the Office of the Hamilton County Recorder on August 1, 2005, as Lakeside Park, Section 4; and WHEREAS, the current Owner wishes to install a concrete driveway that will access a side- load garage on the Lot (the "Site Improvement and, 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 Easement (the "Easement"), 20 Exhibit ,.�amag: and La5ei1'lei,t (o-Ile caJEilleirt idCiltlti..ti as LV D oL UE" Oil EXI11Uit"t'3; "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 (ii) Owner complies with all of the terms and provisions of this Agreement. deb: mstvrd :OsharotNpickett\formskonsents to encroachtdrw takaido park ctc.doc: t2!20/06) 2 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, 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 soie'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. 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and leb: msvord :s:lshared0piekettVomukonsents to encroachldrees lakeside park cte.doo. 12/20/061 3 "OWNER" DREES HOMES r e,+,1e A 1— Printed Name Divisi ©vi r �s e Title Signature Date: 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. (drmsword:s:lsharedUpickett formskonsents to encroach\drecs lakeside park ete.doc:1220 /06j "CITY" 4 CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBIC. WORKS. AND. S iTY I mes Brainard, Presiding Officer ate: 1 /7 C2 1 q_ Burke, Me 0 Mary A Date: Lori Wtson, M Date: deb: msxord :s.bharcapicketlforrnstconsenu to encroachldrecs Iakestde park ote.doc:12/20 /06} lerk- Treasurer ATTEa i Tana Cordray, Date: 1 5 SS: COUNTY OF Ut1 ►o n Before me, a Notary Public in and for said County and State, personally appeared tpe i. e r A. kit Is FOR DREES HOMES, 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 2. of De, CZ,mhor 20 My Commission Expires: to- 2.3 -0 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 by me known to be the Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk- ;iY Treasurer of THE CITY OF CARMEL, who acknowledged the execution of thefforegol, g. "onsent To Encroach" on behalf of the City of Carmel, Indiana. J-4-- Witness my hand and Notarial Seal this 7 day of c3In u My Commission Expires: 4//4/9 s' 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 4pcpment, ss requ'r d by law. 'Isi ature) STATE OF INDIANA N ARY PUBLIC 3D An Printed Name My County of Residence: NOTARY PUBLIC C Ari r? Da Printed Name My County of Residence: 6 LEGAL DESCRIPTION Part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East in Hamilton County, Indiana Lot #130 in the Lakeside Park section 4 subdivision. Recorded in the Office of the Hamilton County Recorder on August 1, 2005 in Plat Cabinet 3, Slide 680 as Instrument #200500048186. EXHIBIT "A" 1 LAKESIDE PARK INST. #200500048186 LOT #130 SECTION 4 CITY OF CARMEL, INDIANA 2660 TWIN LAKES DRIVE LOT SIZE: CONC. DRIVEWAY: PUBUC WALK: PRIVATE WALK: SEEDING: SOD: THREE CAR GARAGE SANITARY SEWER PROPOSED RESIDENCE F.F. m 915.3' BSM'T. 0 906.3' 31.46' 25' B.L 20' D.& UE. 11.3..2: 5'SW LOT #130 15,492 S.F. 49.69' 15,492 SQ.FT. 1,502± SQ.FT. 1,131± SQ.FT. 192± SQ.FT. 2,384± SQ.FT. 1,095± SQ.YD. HOUSE TYPE: OPTIONS: 0 11 FRONT DETAIL OF TYPICAL STORM WATER FLOW PATTERN FOR INDIVIDUAL LOTS PLOT PLAN YORK "B" FULL BASEMENT 3 -CAR SIDELOAD GARAGE 24'x12' CONCRETE REAR PATIO BRICK WRAP (SIDES /REAR) NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM STRUCTURE(S) 1 5 1 TWIN LAKES DRIVE 30,R 30' B -B EXHIBIT "B" PREPARED FOR DREES HOMES 24'x12' PATIO GRADE FLOWIJNE,. AS PER PLANS TYPICAL SWALE SECTION SOD LINE O O O N)