6523 Red Cedar Way - Pulte Homes 1
2008034850 ENCROACHME $26.00
07/02/2008 02:25:03P 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
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, 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 180 "Lot with a common address of 6523 Red
Cedar Way, 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 3, Slide Number 580
as Instrument #200500009933 in the Office of the Hamilton County Recorder on February 18, 2005, as
Cherry Creek Estates, Section 4; and
WHEREAS, the current Owner wishes to install a driveway that will access a side- load garage on
the Lot (the "Site Improvement and
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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
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(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.
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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 elevation of 71.2 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.
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"OWNER" "CITY"
PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA,
AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF
PU: IC WORKS AND SAFETY
M: Xe A.-re/Pc) Ar
PrinteAll Name mes Brainard, Presiding Officer
rfc(lec-7 /44...,;
Printed Titl��
Signature ary n Burke, Member
Date:
Date: 6 7
Lori Wats&i e7er
Date: �Q
Sandra M. Jobnsog
Deputy Cl®: to
ATTEST:
Diana Cordray, M CCler. 'reasurer
Date: D ip,
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STATE OF INDIANA
JOANNE M SHEPHERD
S. Notary Public Notary Seal
COUNTY OF t 404) STATE OF INDIANA
HAMILTON COUNTY
MY COMMISSION EXP. FEB. 26,2010
Before e, a Not Public in and for said County and State, personally appeared
M 1 KE b� 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. l
Witness my hand and Notarial Seal this 1 day of .(,4t-- 200
iiisid?„,,,,,,, AI 1 1.4./..."
NOT RY PUBLIC
My Commission Expires:
Al E tit &H EY
th cgo j61 0 Printed Name
My County of Residence: c:4 4 7 0114 -0: 4 3k)
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appea J
BRAINARD, MARY ANN BURKE and LORI WATSON, by me kno an• b e "oWIi to be'
Members of the City of Carmel Board of Public Works and Safety, and `'i: -t., le
Treasurer of THE CITY OF CARMEL, who acknowledged the execut of Dre C otus e n t To
Encroach" on behalf of the City of Carmel, Indiana. t .�S v -0
Witness my hand and Notarial Seal this day o :7:20 1 -'lr b1 y E.-
e Ai .4
NOTARY PUBLIC
My Commission Expires: ��rte�c►tt �e�
an r
9//6' /e.? Printed Name
My County of Residence: IIMII
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 ken real nable ear yo redact each Social Security
Number in this document, unless required by law. To v -3 C., f e
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LEGAL DESCRIPTION
Part of the Northwest and the Southwest Quarter of Section
22, Township 18 North, Range 4 East in Hamilton County,
Indiana
Lot #180 in the Cherry Creek Estates Section 4 subdivision.
Recorded in the Office of the Hamilton County Recorder on
February 18, 2005 in Plat Cabinet 3, Slide 580 as Instrument
#200500009933.
EXHIBIT "A"
rxA001e,c+ �1
BUCKINGHAM ELEV 1C Gar. FFE 775.5 Note:
RIGHT HAND Full Brick 1st Fir FFE 777.3 M Front yard 25'
FULL GARDEN BSMT 9' Walls TOW 776.3 Minimum Side Yard 3'
3 CAR Side Entry Bsmt FFE 767.5 Minimum Aggregate 8'
Wd Deck "5" Gard. Window 771.5 (Between Houses)
D rive Slope 9.6% Minimum Rear Yard NIA
WATER LINE W w
RED CEDAR WAY La(t{1[hr�CB3G� �g h
50' R/W (30' BC-BC) g ]OC�o 9" 0'
STM INLET II "BASE MOUSE STANDARD FEATURES"
TC= 770.29 �plti z cure e /SSP 10.0' &Y•M 9' FULL BASEMENT
11, 1 3 CAR SIDE ENTRY GARAGE
pwnctc BRICK 3 SIDES
PATIO
r 1 (2) 4X4 WINDOW WELLS (1) 2X2
SAN MH 735 SAN MH 748 'SELECTED FEATURES" cOito II
TC.768.68 TC= 778.01
�nT: 9' FULL GARDEN BASEMENT
114 w tN7ht 1141 BRICK 4 SIDES
l �r DECK'S-
THREE CAR
3.3' AHEM t ry Y. a i
LOT 180
BUCKINGHAM IC ±13,603 SF
pp tin SENT)
in PAD 774.4 PER PLAN
i
a
±[11.1
Mete: Retaining
i I I system for grading may
be necessary for K garden basements.
157'21= Proposed Grade
Drainage Flow
co
XXX Existing Greda
stit1N Conc Fletweric Sq. F1= ±1550
Public Walk Sq Ft ±450
Sod Sq Yds ±337
STM INLET 90 00' Seeding Sq Ft ±6567
TC= 764.92
Note:
Contactor should verity site specific kdormation depicted
hereon Flood Hassid Note: with the approved construction plans for this
development. Also, Contractor should reference Archlteaural
Lot Number 180 Iles within Flood Hazard Zone X per the Plans la foundation orientation and dimensions
scaled location on the Flood Insurance Rate Nape for Mote:
Hamilton County, Indiana (Community Panel 818057CO235F,
dated February 19. 2003). The proposed cwrstuction erodes, contours, and proposed *tuatara
Note: elevations es depicted hereon are based upon Information provided
upon the approved obettuction documents prepared for thin
development. Unless otherwise stated hereon, no information
This drawing is based upon construction plans and/or record pertaining to but not limited to, fluctuating water fades elevations,
drawings prepared by others and is not based upon a field survey. it types, and conditions within the bolding areas of this
COOR Consulting Land Services. Corp. does not *want the development have been provided and ter referenced on said
correctness or imegrity of Shia Information, The contadorfowner documents. With the excavation of the proposed strurxure
etquld verify existing conditions prior to construction. My varying foundations, certain care end observations should be mode in regard
fleid conditions or any discrepancy with the information contained to such conditions as sob types and fluctuating water tables. During
hereon should be irmeciatey reported to COOR Consulting Land the excavadon process should any unsuitable soils or grand water
Services. Corp; failure to do so would result Si the contractor/owners be witnessed, the bolder shall be immediately notified for further
assumption of aabltiy. examination and consultation. At the builders diaaedon, additional
constnxtlon techniques may be necessary to alleviate future
problems.
CGi1CGG3G147 C�G3CCEC3 PLOT PLAN
I�SnLI°. U� Prepared For
��yy O� f z d� S INSTR. 9200300009933
DInL �mOlS�Ql�� �V" ""�'��9 PC 3, SLIDE 580
P GO O 0' 4 I:1 O Ire C.O.C. #200300011991 41
303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 180
(888) 593.2667 (785) 345.5943 FAX#: (765) 3455692 6523 RED CEDAR WAY Pulte Homes of Indiana
DATE: 04/18/08 J08 #2003-100.180 REVISIONS: CARMEL, IN 48033
l