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6570 Red Cedar Way - Pulte Homes 0 �v h���� 11)/ 2009023378 ENCROACHME $25.00 ��/J 04/23/2009 09:23:27A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented APPROVED CONSENT TO ENCROACH Approved By APPfrOVZD 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 187 "Lot with a common address of 6570 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 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 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, 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. 3 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 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. 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 78.8 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 bnprovement to existing grade shall not exceed that slope considered reasonable for lawn maintenance purposes. 4 OWNER" CITY' PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY I PrinW Name James Brainard, Presiding Officer /`a S C e,"` d ate- Printed Title Signatur Mary A, Burke, Member Date: Date: D y Lori Watson, Mein. -r Date: V(') A TEST- ./�,l`. •j andra0, rk y otc b f D•._na Cordray, IA Ierk Tr asurer ate: e�/� Q Ca,(pkoA IQ 4 6- 5 STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared frl: e 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 -4 2 day of ,e.�4 20ot. u u F 1 P' h'6.'11144141111 THEODORE KATtMANNC��'� TNE0D0�fiK N.NN Notary Puhiic, State o€4Rdiana Notary Puhlic:::St�"fiiirl; NOT A&dUnlit il3ri lont64 t OT.,,,.:_ ,,;,County of lamiiP{ t M a' y Commission E ,Ys My Commission Expires: y Commission Expires Feb. 1, 22 12 r c i, 2012 /CZ 4) Wo /Z Printed Name My County of Residence: /74.,/4 STATE OF INDIANA SS: COUNTY OF HAMILTON 7,0''.-. Before me, a Notary Public in and for said County and State, personally apReae% MARY ANN BURKE and LORI WATSON, by me know and b 'se 1< o e, t e-. Members of the City of Carmel Board of Public Works and Safety, .and el :�r �r� M 4. ei '''':''.:1-. 4" Treasurer of 'THE CITY OF CARMEL. who acknowledged the execution of "the Co, ego ea1r Toy r j Encroach" on behalf of the City of Carmel, Indiana. f c)� Fi g1E4. r Witness my hand and Notarial Seal this 1 day of L\ A 206 I ply 4' K NOTARY PUBLIC r j x My Commission Expires: '`rPIFDI:iogo 9 i ii' C a n'' in 1 \71V,.5i:-4 6 Printed Name f My County of Residence: (Y\-1 This instrument was prepared by Douglas C, Haney, Esquire, City Attorney, One Civic Square, Cannel, 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. ;4�" mi: 6 LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #187 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" 1 EXkl 8 BUCKINGHAM ELEV 1C Gar. FFE 779.8 Note: LEFT HAND Brick 3 Sides 1St Fir FFE 781.6 Minimum Front yard 25' v.; FULL BSMT 9' Walls TOW 780.6 Minimum Side Yard 3' 3 CAR Side Entry Bsmt FFE 771.8 Minimum Aggregate 8' Drive Slope 2.4% (Between Houses) Minimum Rear Yard N/A STM INLET STM INLET ,�r� TC=776.71200 91.92' T�� 5.98 3T G \zo[l�l lj( HQLt 151JU I 6�a15n U 11 �J h3 ©l 15' D.U. &S.E. cc "BASE HOUSE STANDARD FEATURES 3C.8' to 4 .8' i 3 CAR SBDE ASEMENT ENTRY GARAGE a v I l BRICK 3 SIDES co oa rY PATIO d I a PATIO (3) 4X4 WINDOW WELLS f b i 1r.JJ 1 b O I G D g f BUCKINGHAM 1C C (FULL BSMT) Cr) D e THREE CAR BUMP GAR 4 runup to I L:t 5.0 LOT 187 aim nu: f1: qn. !e n or X45) f ±11,949 SF VIM rwALK 25_B.s.L PAD 779.5 PER PLAN r.o' S C OR O a 20' D. &U.E, J 1 T 91.92' 1® w 5' WALK W APRON STM INLET 7CURaWISSD —10.0' TC= 778.10 Proposed Grade 11 Drainage Flow RED CEDAR WAY xx.x Existing Grade 50' Rivv (30' BC-BC) Conc Flatwork Sq. Ft ±1734 SAN MH 749 Public Walk Sq Ft 1459 TC= 779.84 Sod Sq Yds 1345 S MH 748 SAN SEWER Seeding Sq Ft 14988 TC •778.01 Note: Contractor should verity she specific Information depicted hereon wth the approved construction and erosion control Flood Hazard Note: plane for thia development. Also, Contractor should reference Architecture' plane for foundation orientation and dimensions. Lot Number 187 nee within FIOOd Hazard ZOne'X' per the scaled location on the Flood insurance Rate Maps for Note: Hamilton County, Indiana (Community Panel #18057CO235F, dated February 19, 2003). The proposed construction grades, contours, and proposed structure elevations as depicted hereon are based upon Information provided Note: upon the approved constriction doarmants prepared for this development. Unless othervvise stated hereon, no Information This drawing Is based upon construction plans and/or record pertaining to but not limited to, fluctuating water tables elevations, drawings prepared by others and is not based upon a field survey. soli types, and conditions within the twiiding areas of this COOR Consulting Lend Services, Coro. does not warrant the development have been provided and \or referenced on said correctness or integrity of this Information. The contractor /owner documents. With the excavation of the proposed structure should verify existing conditions prior 10 construction. Any varying foundations, certain care and observations should be made In regard geld conditions or any discrepancy with the information contained to such conditions as eoti typee and fluctuating water tables. During hereon should be Immediately reported to COOR Consulting Land the excavation process should any unsuitable soils or ground water Services, Corp.: failure to do so would result In the contractor/owners be witnessed, the builder shall be Immediately notified for bather assumption Of lability. examination and consultation. At the builders discretion, additional techniques may be necessary to alleviate future t G(UE 3E 7 ©Man PLOT PLAN (E 4 e\VE@ Prepared For. C�ai Allan g C°3 118]nd ZSD daPZg INS PC 3 SUDS 580 I CP OO P IS (D (P 6a] 4 6 CD (E1 C.O.C. #200500011991 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 187 (888) 593 -2667 (765) 345 -5943 FAX#: (765) 345.5692 6570 RED CEDAR WAY Putte Homes of Indiana DATE: 02/27/09 JOB #2003 100.187 REVISIONS: CARMEL. IN 46033