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6511 Red Cedar Way - PUlte Homes 6 2008034851 ENCROACHME $26.00 07/02/2008 02:25:03P 8 PGS 1110 Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH APPROVED AS TO FORM BY I 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 179 "Lot with a common address of 6511 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 �T WHEREAS, the current Owner wishes to install a driveway that will access a side- load garage on the Lot (the "Site Improvement and lob :msword: \`apps2Wser data \cng\sharcapiciccit forms \commas to encroach \pulte than creek cstaas lot 179.doc:61/O8] 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:msvord: \\apps2 \user data \eng sharedllpickctt\forms consents to encroach\pulte cherry creek estates lot 179.doc: /,t /08] (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. [eh :ms ord: \\apps2 \user datakng \sharedUpickett \formskonsents to encroach\pulte cherry crxk estates lot 179.doc:6/3/08] 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. [eb: \tapps2 \user dafalcng \sharedllpici:ctttfomukonsents to encroach\pulte cherry crock cstatcs lot 179.doc 64/08] "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUB IC WORKS AND SAFETX /'14 Q� tug r&.---.., Print50 Name mes Brainard, Presiding Officer i f e!_f /4 i al e,./` ate' i oP� Printed 6G 1 j Signature ary n Burke Member Date: -�P Date: Cs� i2 `o f Lori Watso ember Date: 7,6 v ATT T: rtdxs 111g• t i j i j th. ,ii.putycierkfor ana Cordray, A Igre Treasurer Date: 1 0 ]eb:nuword:\lapps2 \user dataleng \sharealpickett\fonnstconsents to encroach\pulte cherry creek estates lot 179,doc:6 &08] STATE OF INDIANA JOANNE M SHEPHERD 55,�,� SS STATE OF 1NDIANA COUNTY O a /U HAMILT COUNTY MY COMMISSION E XP. FE 26,2010 Before me, a Notary Public in and for said County and State, personally appeared M.- ,DU\) 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 12_ day ofd 20 Dr' 401•i .L _I .1 J i N 1, TARY PUBLIC My Commission Expires: A Ai A) E M i H CPI /EJi JO 1 0 Printed Name My County of Residence: STATE OF INDIANA SS: 7 COUNTY OF HAMILTON tE' Before me, a Notary Public in and for said County and State, personal "y }appeared J A MES ti v BRAINARD, MARY ANN BURKE and LORI WATSON, by me known,. and'b ,e�, ''f s, Members of the City of Cannel Board of Public Works and Safety, an• r,,r,'�1,• t _'k t Treasurer of THE CITY OF CARMEL, who acknowledged the execution of tYte''foregtaing• "Coo t 'l Encroach" on behalf of the City of Carmel, Indiana. NN V. •�i, t F"` i t k rY fi f 4 ,,(I„/ Witness my hand and Notarial Seal this Z day of 1. 2a 0.1 7 d' 1 NOTARY PUBLIC ',,,,,,111,, My Commission Expires: a anr) i i/fak, ¥/i '/o 9 Printed Name 1, .7 N My County of Residence /q 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 havv.ken reasonable care to redact each Social Security Number in this document, unless required by law. O I- ICL C J fel) msward: \lapps2 \user data eng\shared\lpickett\forms\consents to encroach\pulte cherry creek estates lot 179.doc:6608) LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #179 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" £bt»i 'BAS! MOUSE STANDARD FEATURES" PRESCOTT ELEV 3C Gar. FFE 771.5 9' FULL PeSFMENT LEFT HAND Full Brick 1st FIE FFE 773.3 -7--- 3 CAR SIDE ENTRY GARAGE FULL BSMT 9' Walls TOW 772.3 BRICK 3 SIDES 3 CAR Side Entry Bsmt FFE 763.5 PATIO Drive Slope 2.496 (2) 4X4 WINDOW WELLS d (1) 2X2 WINDOW WELL 'SELECTED FEATURES' W W W BRICK 4 SIDES RE CEDAR WAY QzomQt?li G�©G'�t 50' R/ (30'aC.8c) OwQ ®i; V' &3 w SAN MH 735 II ST34 INLET TC =768.08 raumwrsso 14.0 c ;ilk± TC•77029 APRON rr rcrzs :rulr;a n j 20' D.U.BS,S.E. S. T C 778.0 8 Ziefieto mar 28 ...,c I !S M.: 3.1' R THREE CAR �A>: LOT 179 W zs.o r�ry rura 0 b c L ±16,870 SF I t b PAD 770.9 PER PLAN PRESCOTTSC W SUMP r: 0 O3. Ili o ear Tit D O we a> I 1 EL in r t] Y i ly.ss 1,1 a I -6 39 1 --1— vi g I PAM 1 5 ft f is p ,o 1 5,. Note: t 61.5' I en M 19.0' r 'ir>anum Front yard 25' Minimum Side Yard 3' I gate 8' Minimum Aggre -J (Between Houses) 2 n m Mlnlrtxxn Rear Yard -14/A v ;1,.._ 15' D.u.6S.E. --4. e Proposo5 to i– roads l 1.'f1 112.7T s7 iNLE-r a Drainage Flow Conc Fletwork Sq. Ft ±1746 TC- 764.92 XX.X Existing Grade Public Walk Sq Ft ±1341 N0i° Sod Sq Yds ±865 Contractor should verify site apecl9c Information depleted Seeding S i Fl ±6055 hereon with the approved Oonam+cswn plans for this development. Also, Contractor should reference Architectural Flood Hazard Note: plans for foundation orientation and dmemiona. Lot Number 1T9 ties within Flood Hazard Zone 'X' per the Nolo: scaled location on the Food Insurance Rats Maps for Hamilton County, Indiana (Community Panel #1805703235F. The proposed cantnrotun grades, contours, and proposed structure dated February 19. 2003). elevations as depicted hereon are based upon Intometbn provided Nit upon the approved construction documents prepared for this M based U devebpment. Umtata ohherwiee stated hereon, no information Thla drawing pon construction plans and/or record pertaining to but not limited to, fluctuating water tables devotions, drawings prepared by others and Is not based upon a field survey. sod types, and conditions witNn the building areas of this COOR Conouitfng Land Services. Cory. does nal warrant the development have been provided and or referenced on sad correctness or integrity of this Information. The contrador/owner documents. With the excavation of the proposed saucture should verity existing conditions prior to conitructlan, Any vary foundations. certain care and observations should be made in regard field conditions or any discrepancy with the Information contained to such conditions es soil types and fluctuating water tables. During hereon should be immediately reported to 0008 Conauttln9 6 Land the excavation process should any unsuitable soils or ground water Services, Corp.: failure to do so would result In the Contractor /owrer7 be witnesaed, the buider shall be Immediately notified for further assumption of liability examination and consultation. At the builders discretion, eddtiond construction techniques may be necessary to arevtato future CNITR S? CRIEC C3 PLOT PLAN 5 @�i4L°Q�t C Prepared For. �--J v 0 @coTooDa 4 6©ni)m11�yq p INSTR. 4200500009933 tSUQ�I tS,3 ��Q�l �116Q� PC 3. SLIDE 580 1- .4, O P CO O P all 11 n CO W C,o.c. #200500011991 •:r.: A 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 179 (888) 583 2667 (765) 345 5943 FAX#: (765) 345 i 851 t RED CEDAR WAY Pufte Homes of Indiana DATE: 04/18108 JOB #2003-100.179 REVISIONS: CARMEL, IN 46033