14051 Mississnewa Dr - Pulte Homes 2008034852 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 234 "Lot with a common address of 14051
Mississnewa 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 4, Slide Number 165
as Instrument #200600061902 in the Office of the Hamilton County Recorder on October 13, 2006, as
Cherry Creek Estates, Section 5; 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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Ii
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 78.3 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
PUBLIC WORKS AND SAFETY
PrintedNme rimes Brainard Presiding Off r
l'O '�vf /u P ate: I�
Printed Title
I A
Signature ary nn Burke, Meb r
Date:
Date: /2
Lori Water em r
Date: '7 0
ATTEST: nay 11R. Jo
a uty Cle for
Diana Cordray, I4MG, Cl- k- Treasurer
Date: Z b.
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STATE OF INDIANA JOANNE M SHEPHERD
Notary Public Notary Sa
4 SS: STATE OF INDIANA
COUNTY OQ1 1 LY"d
HAMILTON COUNTY
MY COMMISSION EXP. FE& 26,2010
Before me, a N tary Public in and for said County and State, personally appeared
M I KE pU,, 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. ((11
Witness my hand and Notarial Seal this Z day of \J V
20
i■.A l V '4! 1-1.40
NOTRY BLIC
My Commission Expires:
O 1 \JO/\ n) Al E A4 .9H EPHE;�
Printed Name
My County of Residence: i''cielAlk-t-tH
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES 1
BRA WARD MARY ANN BURKE and LORI WATSON by me known ai an by E b me .4 4 1:3t b�` e
Members of the City of Carmel Board of Public Works and Safety, and
i v e .u,
4
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing ptlsent'T ,n
Encroach" on behalf of the City of Carmel, Indiana 0 ,kil
t
13 Witness my hand and Notarial Seal this Z�day of J 0 0 j f r
Iki e` vi l 11 1k
1
1 F
NOTARY PUBLIC
My Commission Expires:
,,0
Y fit /0 9 Printed Name
My County of Residence:
4\k_
A l TC1
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 haye-taken reasonable c e to redact each Social Security
Number in this document, unless required by law. -00 V I a, 5 4 rove
r j__
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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 #234 in the Cherry Creek Estates Section 5 subdivision.
Recorded in the Office of the Hamilton County Recorder on
October 13, 2006 in Plat Cabinet 4, Slide 165 as Instrument
#200600061902.
EXHIBIT "A"
4;4(o 1 J
'BASE HOUSE STANDARD FEATURES- WINDSOR II ELEV 1C Gar. FFE 779.7
9' FULL BASEMENT LEFT HAND Brick 3 Sides 1st Fir FFE 781.5 Y
3 CAR SIDE ENTRY GARAGE FULL BSMT 9' Walls TOW 780.5'
2' FAMILY ROOM EXTENSION 3 CAR Side Entry Bsmt FFE 771.7
&RICK 3 SIDES Drive S ope 4.2%
FIREPLACE
PATIO
(2) 4X4 WINDOW WELLS d (1) 2X2
WINDOW WELL
Note: M
W��W UUUgd Ha h
Minimum yard
Side Yard 3' LOT 234 2,6mO 9 d
Minimum Side 3o
Houses) Minimum �'6 ±12,600 SF
Minimum Rear Yard N/A
NO PAD PER PLAN
MFPG 779.5 PER PLAN
SAN MN 769 STM MH STM INLET
TCa772.60 TC =778.50 140.00' STM SEWER TC=777.40
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SAN MH 770 ream HYD ►Wa.7 1 40.00' e mai
TO.779.20 5.0'
1:43L. a Proposed Grade
Conc Flatwork Sq. Ft ±1717 Drainage Flow r
Public Walk Sq Ft *450
XX X Existing Grade
Sod Sq Yds ±314
Seeding Sq Ft =1.6124 Note:
Contractor should verify site specific infomieton depicted
Flood Hazard Note: hereon with the approved constnutia+ plans for this
development. Also, Contrectcr should reference Architectural
Lot Number 234 fees within Flood Halard Zone 'X' per the Dlars for found Won aiemstlon and diterelormn.
scaled location on the Flood Insurance Rata Maps for NoSe;
Hamilton County, Indiana (Cornim ly Panel 01B05700235F,
dated Fehruary 19, 20031 The proposed Construction grades, contours, and proposed structure
Nebo: elevations ea depicted hereon are based upon Information provided
upon the approved construction documents prepared for this
Thin drawing is based upon aan 1z% coon pin's ender record development. Unless otherwise stated hereon, no information
provided
dre'e s prepared by others and is not based upon a he survey. ld pertains, to tut not limned to, the bu wate devotions,
COOR Consulting 8 Land Services, Corp. does not warrant the types, and ave ha rs the tuiiSr ereaa of &tie
corectne ss or integrity d this information. The cantractodowner tow menUr. lave been ovation f the e op e e on Bab
existing condition* r torto conebuctlon. Any varying documents. win excavation em s proposed p houl r
should ha mad
�Y g D foundations, attain care and obaervatlons should lea made 61 regard
field conddions or any discrepancy with the Information contained o 10th conditions as soil types end fluctuating water tables. During
hereon should be Intnedlatey reported to COOK Consulting d Land the excavation process should any unsuitable soils or ground water
Services, Corp.: (allure to do so woWd result In the contractor/owners be witnessed the builder ewe be Immediately notated for trother
assumption of hate try. examination end conauttation. At the buiders discretion, eddnknat
construction techniques may be necessary to alevines future
4 6G{1CG3G3S? 6RECa PLOT PLAN
1,
4 z C��1QUk1 Prepared A
c�'o�l �mft o C;3 offinl:l �86�g51 1
PC 4, S 00 1 6 6 ,902 t% k
Ig o T P o IP FE 4 B o 009 m
303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 234 t
(888) 593.2667 (765) 345-5943 FAX#: (765)345-5692 14051 MISSISSNEWA DRIVE Pulte Homes of Indiana
DATE: 04/17/08 JOB 12003- 100.234 REVISIONS: CARMEL, IN 48033