2741 April Springs View-Drees HomesAPPROVED Gi
CONSENT TO ENCROACH
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
I it.nuuord) Sltaitcd 11,0411 ctn,0)11 to ainoach di uts Ill:m dc,t;uk ctc lot 14 1 tinr.4 4 I
WITNESSETH:
2010010684 ENCROACHME $25.00
03/09/2010 08:59:31A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPRO■:D AS TO FORM :Y
WHEREAS, Owner owns in fee simple Lot 181 ("Lot with a common address of 2741 April
Springs View, Cannel, Hamilton County Indiana, 46033 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 4, Slide Number 387
as Instrument #2007060589 in the Office of the Hamilton County Recorder on October 24, 2007, as
Lakeside Park, Section 6; 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 and Sewer Easement (the "Easement identified as "15' 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
(ii) Owner complies with all of the terms and provisions of this Agreement.
Leh rnsw ordv• shard Ipickm cons.nfs to enn ouch drxo 1ekt0ide park ec lcd 1K1dew-94 39;
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 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.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
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3
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 terns 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.
1 1 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 913.6 and 914.1 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.
I cb:nturrd shared gncken mmxnls to encroach dn'a Iakaidc park cid Ict I s 1 Joc 4 4 Imj
4
"OWNER"
DREES HOMES
il ogiev AA, --.C,4v4>,E,2_('
Printed Name
5 /1/f, v9-
Printed Title
Signature
Date:
Ic6 mv,ord ,hnn<Ilyidcun,nsrnneo Idc.udcpsI6 1rcl ihc'1JIN]
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Tam's Brainard, Presiding Officer
Mai Ann urke Member
Date:
Lori Watson,
Date:
Ther
toti(vg/
D na Cordray, IAMC, "Clerk- Treasurer
ate: /4/7/6
STATE OF INDIANA
SS:
COUNTY OF Mari
Before me, a Notary Public in and for said County and State, personally appeared
FOR DREES HOMES, by me known, and who acknowledged the
the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
executi
Witness my hand and Notarial Seal this
My Commission Expires:
1 0 3-1l-/
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said Coun
BRAINARD, MARY ANN BURKE and LORI WATSON,
Members of the City of Cannel Board of Public Works and
Treasurer of THE CITY OF CARMEL, who acknowledged
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this J_ day of
My Commission Expires:
I 0 :msnnro:y >hanol Ipi<kca commis io m41 ,Lctr. Iaaouia pack <14 la IN L4.K 9 4 "'1
Y of 6',9 n 1e4 200
NOTARY PUB IC
J L. 1-1, vnswk
Printed Na
My County of Residence:
Printed Name
f1
ty and State, personally appeared 'JAMES
by me known, and
Safety, and
the execution
NOTARY PUBLIC
My County of Residence:
6
A
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. ppuU
nown toeth
h
ri T; Clem
of the foregoing `\Qons nt '10
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 20, Township 18
North, Range 3 East in Hamilton County, Indiana
Lot #181 in the Lakeside Park section 6 subdivision. Recorded
in the Office of the Hamilton County Recorder on October 24,
2007 in Plat Cabinet 4, Slide 387 as Instrument #2007060589.
EXHIBIT "A"
u
LAKESIDE PARK
P.C. 4, SL. 387
LOT #181 SECTION 6
CITY OF CARMEL, INDIANA
2741 APRIL SPRINGS VIEW
LOT SIZE:
CONC. DRIVEWAY:
PUBLIC WALK:
PRIVATE WALK:
SEEDING:
SOD:
PROPOSED
RESIDENCE
F.F. 976.4'
8511'5 906.4'
000.0 J
12,150 SQ.FT.
1.063± SQ.FT
389t SOFT.
174± SOFT.
4.716± SQ.FT.
361± SQ.YD.
PROPOSED GRADE
000.0 EXISTING GRADE
HOUSE TYPE:
OPTIONS:
0
I
PLOT PLAN
PREPARED FOR
DREES HOMES
LANGDON "0" FULL BASEMENT
24'x12' CONCRETE REAR PATIO
2 -CAR SIDELOAD GARAGE
3rd CAR TANDEM GARAGE
6' EXT. M.BR.
SUNROOM W/ 2' EXT.
A.
/\O 1
u A 11
NO.
ILS203000261
Si ATE OF
ti �NDIANP r'
'O
•D�
VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION
GRADE FLOWLINE/
AS PER PLANS
TYPICAL SW4LE SECTION
FRONT
DETAIL OF TYPICAL STORM
WATER FLOW PATTERN FOR
INDIVIDUAL LOTS
NOTE: BUILDER TO ENSURE POSITIVE
DRAINAGE AWAY FROM STRUCTURE(S)
L L
U
NOTF:
DRIVE ENTRY 00 CONFORM WITH CITY OF CARMEL STD.
THE LOCATIONS, DIMENSIONS, AND WIDTH ALONG THE PROPOSED PUBLIC SIDEWALK WERE SCALED
DR TAKEN FROM EN(06009ING CONSTRUCTION PLANS PREPARED BY OTHERS OR AS PROVIDED.
IT SHALL 86 THE RESPONSIBILITY OF THE BUILDER /CONTRACTOR TD VERIFY THE 8UILOING
DIMENSIONS, BUILDING LOCATIONS, THE LOCATION OF OTHER PERTINENT FEATURES AND
ELEVATIONS PRIOR TD THE START OF CONSTRUCTION. THE INTENDED USE OF THIS PLOT PLAN IS
FOR SECURING BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTHER PURPOSE.
r Li rib
.ar ey:7)(1, C
"1 JI1TING l(5' 1', 111E 9161111115EC-109'
1 )909''11114 :.1
1 191) WWI OPl14501 r)94 10194
(041 41:.1)11 1M 1.5,l. 01J 1
('HI 1"1 1 :2 "0-1_"'1
ORWN• TAT
JOB 09 -225
DATE: 09/01/09
REV.:
ZONED:
ZONING: SPECIAL SIDE
REAR
SCALE: 1" 30'
HSE. 916.4'
F.F.E. GAR: 915.5'
F.F.E. BSM'T' 906.4'