14063 Mississnewa Dr - Pulte Homes 2008034847 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 233 "Lot with a common address of 14063
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
lob:mnsord Vapps21uscr data ttUormstconsents to encroachipulte chern creek estates lot 233.doc:61/O81
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
f ob:msvord: \'apps2\user data kng\sharedUpickettlfonnskonsents to encroach \puke cherry creek estates lot 233.doc:62/O81
(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.
[eb:msword: \tapps2 \user data kng\sharedUpickcttVLrtnskonsents to encroach\pulte cher, creek estates lot 233 doe 63,08j
4
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.
[eb:mse'ord:Papps2 \user data\ cog \sharedNIpickctt\forms\conscnts to cocroach\pultc chcrn creek estates lot 233 .do :4081
"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 SAFETY
e ea-rd 1,
Printed Name mes Brainard, Presiding Officer
d"roJ C' c 441 Qr' Date: rdo r►1,
Printed Title, ituoir
,`ary n Burke,_Meml_vr
Date:
Date: lZ l
Lori Wa n, Me ber
Date: 7
ATT ST:
a ti,
iana Cordray, I M o f r =Tre iierr
Date: 7 12 0 e D johns",
[eb'msstord: %apps2\user data eng lshared\Ipickett Vom. lconsents to encroach1pulte cherry creek cslata lot 233.doc:65/08]
STATE OF INDIANA JOANNE M SHEPHERD
S S Notary Public Notary Seal OF
COUNTY OF7 »72 r M U HAMILTON INDIANA COUNTY
HN'iY
MY COMMISSION EXP. FEB. 262010
Before me, alloq Public in and for said County and State, personally appeared
M t KE t AR -DEr.1 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 of \i-LI 200e
4imiirAik r
IICIA 1< ill v 1
NOTA" Y PUBLIC
My Commission Expires: A Ai N e r Gl' H
U Y 1 0 Printed Name h kit
My County of Residence: -1
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
j esoar ,re
Before me, a Notary Public in and for said County and State, 1pernally appeared';JeAMES ,6
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, land" no i t `be the p d
Members of the City of Carmel Board of Public Works and Safety, and
w �erk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of4the foyegoing C`o is,ejjht To
Encroach" on behalf of the City of Carmel, Indiana. r F i
r'
Witness my hand and Notarial Seal this day of 20O
pit l is i N
NOTARY PUBLIC r
r� 'rrsr.ccet,,t�.
My Commission Expires:
,,/,-6(7o Printed Name Y County M Coun of Residence: ihn't
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 ha aken rea onable care to edact each Social Security
Number in this document, unless required by law. 5 1--
leb:ms,sord: \tapps2 \user data ,eng\sharcd 1pickett \forms\consents to encroach pulte cherry creek cstnres lot 233.doc:66081
LEGAL DESCRIPTION
Part of the Northwest and the Southwest Quarter of Section
22, Township 18 North, Range 4 East in Hamilton County,
Indiana
Lot #233 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"
EXA 8 6 1 0 4 t
t
BASE HOUSE STANDARD FEATURES- PRESCOTT ELEV 6C Gar. FFE 779.1
V FULL BASEMENT RIGHT HAND Brick 3 Sides 1st Fir FFE 780.9 r
3 CAR SIDE ENTRY GARAGE FULL BSMT 9' Walls TOW 779.9
BRICK 3 SIDES 3 CAR Side Entry Bsmt FFE 771.1
PATIO Drive Slope 2.9% t.
(2) 4X4 WINDOW WELLS (1) 2X2
WINDOW WELL
Noto: ,�,.t�
Minim/a5' i u m Stunt yard 2 QE ju u u _.i UV h
MWmum Side Yard 3'
Mrimum Aggregate
Mouses) LOT 233 ftso r Oa
Minimum Roar Yard •WA ±12,600 SF
NO PAD PER PLAN
MFPG 778,8 PER PLAN
SAN MH 769
TC•772.60 WATER LINE
M4 1 140.00 MED
10.0' rocs Q b A
W �N: „is, r E
ui
O mI 3 4 6 RR
Q U 3 W b dp 0
I
i7 C It! 0
ei LU 71 ervr UT 70Ar' a ?e N e O
g d O
O j' G s.orr r:.ar f k O
26.0' v it it 41111115ii i
Vi i! „i! %i i !i D•
I
.4,. STM MH l ra 140.00' STM
R,,,,,,-.0 TM tNI.ET
SAN MH 770 TCa778.50 1 J TC=777.40
TCe779.20
rm. Proposed Grade
Cortc Flatwork Sq. Ft /1697 a Drainage Flow
Public Walk Sq Ft /450 )X)( Exrstng Grade
Sod Sq Yds /323
Seeding Sq Ft /5773 Note:
Contractor should verify site specific information depicted
Flood Hazard Nora: hereon with the approved construction plane for this'
development Also, Contractor anotlfd reference Architectural
Lot Number 233 Bea within Rood Hazard Zone •X' per the plans for foundation orientation and dimensions.
salad bcatbn on the Flood Insurance Rata Maps for Note:
Mandton County, Indiana (ConmunIty Patel #1505700235F,
dabd February 19, 2003). The proposed construction grades. contours. and proposed structure
Nola: elevations as depicted hereon aro lased upon information provided
upon the approved corstrue:don documents prcpered for this
This drawing Is based upon construction plans and/or record pertaining to Unless otherwise staled hereon, no information drawir ie pr pared by others and la not based a field survey. d tye to but not limned Id the fluctuating we ar taotea elevations,
wen sod types, and carhdtlona within the building eroea of aia
COOK Corteutting Land Services, Corp. does not warrant the development have been provided and for referenced on said
correctness or integrity of this Information. The oontraUOr /owaw documents. With the excavation of the proposed structure
should verily striating conditions prior to construct ion. Any varying foundations, certain care and obeervedons sttoukl be made in regard
field conditions or any discrepancy with the information contained to such conditions as soil typos and fluctuating water tattles. During
hereon ohould be Immedlatoy reported to COOR Coati B Land the excavation process should any uneutable sous or ground water
Services, Corp.; Iat,re lo do so would result M the Contredor /owners be witnessed, the budder steal be immedlatety notified for further
assumption at liability. examination and consultation. Al the budder; dtcrebon, additional
scotatrudion techniques may be necessary to 'deviate future
C�C ;1G3r1 C�G3GCC3 PLOT PLAN
li
3 Eggn4Cf@ Prepared For. to N.,..____„/ N.,._,__.
tNSTR.. 1 6,902 Y i%F''u.
G aU�il�3m0�6E�o 0@�e ®D' 1I@ Pc a, SUD€ tss CI
003 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 233
(888) 593-2667 (765) 345-5943 FAX#: (765) 345-5692 14063 MISSISSNEWA DRIVE Pune Homes of Indiana
DATE: 04/17/08 JOB #2003. 100,233 REVISIONS: CARMEL, IN 46033