13935 Salmon Dr - Pulte Homes 2008013065 ENCROACHME $26.00
03/12/2008 11:13:41A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
0 (44S'i
APPROVED AS TO FORM 8 11111
CONSENT TO ENCROACH
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 195 "Lot with a common address of 13935 Salmon
Drive, 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 concrete driveway that will access a side- load
garage on the Lot (the "Site Improvement and
eb:msword:s:\sharedUpickett\ forms \consents to encroach\pulte cherry creek estates lot 195.doc:11 /19/07] 1
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
lebansy ord' s :lshared\lpickctt forms \consents to encroach \puke cherry creek estates lot 195 doc 11/19/07 2
(ii) Owner complies with all of the terms and provisions of this Agreement.
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.
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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.
"OWNER" "CITY"
PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA,
AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF
1,�, PUBLIC WORKS AND SAFETY
/1:k e. Ra r !d-e/t L-71-04
1
Pr nted Name James Brain e, P esiding Officer
Printed tl all a. r II .0
e
fi'll-I-Ae Printed Title
Signat e Mary An urke, ember
Date: 07 S7- 0
Date: O D 7
Lori Watson 1 ber I a-( 5
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Date:
ATTE T: Sandra ohns
Diana Cordray, I Clerk- Treasurer
Date: l/
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STATE OF INDIANA
SS:
COUNTY OF
Before me,
��ar�Notary Public in and for said County and State, personally appeared
M I K.E [Jl -''UCIV 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 Z` day of ti QiIEmeef 200'1
NOT t PUBLIC
My Commission Expires: %,YD AJ E M 3 /E HE
_`biO Printed Name
My County of Residence: RAVI 1 L OA
JOANNE M SHEPHERD
NS
public N
STATE OF INDIANA T E op IND A
SS: ittlY ccxeessoN EXP. FEB. 2H
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 kno b e own�t "`�"'Z a
b e�the >1
Members of the City of Carmel Board of Public Works and Safety, and a l 'IA Dili lerk,�� t.
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the fo go &d eIlt To r
Encroach" on behalf of the City of Carmel, Indiana. y
E. ��e V� 4
Witness my hand and Notarial Seal this 5 day of t 12 2 -M 2@') ,Ar 4
R ey.
NOTARY PUBLIC ,I.
s
My Commission Expires:
a o_.,,v-,, 1
7 /ii q Printed Name x
My County of Residenc
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. Dou iit "-I
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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 #195 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"
Note: Gar. FFE 768.3 PRESCOTT ELEV 6C
(T1) Minimum From yard 25' 1st Fir FFE =770.1 RIGHT HAND Full Brick Side y,4.3' TOW =769.1 FULL BSMT- 9'Walls
Mmimun Aggregate 8' Bsmt FFE 760.3 3 CAR -Side Entry
(Between Houses) Drive Slope 2.2% Wd Deck
Minimum Rear Yard N/A
STM INLET
7 t� ,,,,..,,��yy 84.90' a TC =765.99
Lloomomsd UV�IIl h TCM76638 -.4— 3
@@ffl0C�°o .ii 'I Y 1S D.U.68.E.
K
'BASE HOUSE STANDARD FEATURES' 4i 3'
9' FULL BASEMENT t.
N
3 CAR SIDE ENTRY GARAGE
BRICK 3 SIDES 1 DECK W H
PATIO .1
(2) 4X4 WINDOW WELLS 6(1) 2X2 5 si.sr
WINDOW WELL 1 b f p
SSW ea
'SELECTED FEATURES' jA t ID tit
0 1 PRESCOTT eC
BRICK 4 SIDES r .s
(FULL on
DECK 2
QswP 1---,_
4 NT 23.6e 25.0' igral
THREE AR •,l
LOT 195 ""a""
±12,114 SF :IK1 27 a
2 r W� x
NO PAD PER PLAN P. �1
MFPG 768.3 PER PLAN 1 i
20' D.BU.E. I A
AI
M:1K11 101.48' I odi; (.:1:1
W w rwiux W
1 APRON
I'9'1 OA' 7 CURB WISSO 1:1'1:1 STM INLET
II TC=766.88
SALMON DRIVE
50' R/VN 130' BC-8C)
K...I Proposed Grade
Drainage Flow
1.
XX.X Exlsttng Grade
SAN SEWER F.
Conc Flatwork Sq. Ft ±1511 SAN MH 738 SAN MH 735
Public Walk Sq Ft ±509 TC =767.10 Tc =766.66
Sod Sq Yds ±407 Note:
Seeding Sq Ft ±4513
Contractor should verify site specific Information depicted
Flood Hazard Note: hereon 54th the approved construction plans for this
development. Also, Contractor sltou4 reference Architectural
Lot Number 19511es within Flood Hazard Zone 'X' per the Plans o and dimensions.
scaled location on the Flood Insurance Rate Maps for Note:
Hamilton County, Indiana (Community Panel #18057CO235F,
dated February 19, 2003). The proposed censauchon grades contours. and proposed structure
elevations as depicted hereon are based upon information provided
Note: upon the approved construction documents prepared for this
This drawing b based upon construction plans and/or record pertaining Unless otherWiee stated hereon, no Information
drawings prepared by others and Is not based upon a 9d survey. pertaining b but not limned to, the b hg water tables
of t elevations,
5 5 La nd Services, Corp. does not warrant the d types and have been provided the d or r area. of this
COOR Consulting development have been provdeU end for referenced an said
correctness or integrity ol this information. The contractor /owner documents. What the excavation of the proposed structure
should verify existing conditions prior to construction. My varying foundations, certain sae and observations should be made in regard
field conditions or any discrepancy with the information contained to such conditions as soli types and fluctuating water tables. During
hereon should be immediately reported to COOR Consulting d Land the excavation process should any unsuitable soils or grand water
Services. Corp.: failure to do so would result In the contractor /owners be witnessed, the builder shag be immediately notified for further
assumption of liability. examination and consultation. M the builders discretion, additional
0 construction techniques may be necessary to alleviate future
pry
C 7 C�REM PLOT PLAN
g 4 Prepared For:
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C�iOQI��° ��LS�QI�� C�3 �C9.l�lYl ®IfVU�h' ®g INSP 0008933
SUDE 580
C O P F O c m Q 8 O op C.O.C. #200500011991
303 WEST MAIN STREET KNIOHTSTOWN. INDIANA LOT 195
(888) 593- 2887 (785) 345-5943 FAX#: (785) 34 13935 SALMON DRIVE Pulte Homes of Indiana
DATE: 10/22/07 JOB #2003. 100.195 REVISIONS: CARMEL, IN 48033
EX i 4 I 0 I-r 5