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6573 Iroquois - Pulte Homes 2010010685 ENCROACHME $2g, 03/09/2010 08 :59:31A g pG500 Or Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented APPROVED 0 yieki CONSENT TO ENCROACH APP ROVM AS TO FOR 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 Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, Owner owns in fee simple Lot 260 ("Lot with a common address of 6573 Iroquois Lane, Cannel, Hamilton County, Indiana 46033, in the Cherry Creek Estates Subdivision which is located within the corporate limits of the City of Cannel, 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 eb: msnord :rtshared\Ipicketticonsents to encroach\pulte Cher/ creek estates lot 260.doe:1 /26/10] 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 hnprovement 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 Iocation 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 fi: msrcood:; ahared 11>ick ti.cmucn3:.: to rneroach puler chap Hoek otaru loi 26() .dox. 1: 27.10: 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 hnprovement 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 hainutess 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_ jd, N .d:,- sharcil Ij,dron coo,cii, eM¢rcaeh quLecbc■ arek ataks lot 2 t{t do -1. 221(11 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 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 elevations along the western property line 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. ictrms c ord• ?.Ldtarodlp.1,11 consent. ncmach puttc ctuzn ciEYk sstnta Mo12611 dc.-_t -2 -16] 4 I THEUGUHE KATTMANN Notary Public, State of Indiana County of Hamilton My Commission Expires Feb. 1, 2012 "OWNER" "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUB IC WORK e TD SAFET eolp i hecdo ✓e, J6 #0--- Printed Name mes Brainard, Presiding Officer b C rn ate:. 0 Printed Title l-1/ ��,L Signature Mary nn Burke Member Date: 01- 7 Date: ?1 11 w f 1. Lori Wat ember Date: 2-1 i l I D ATTEST ID, Tana Cordiay, IAM Ierk- Treasurer Date: 7 lU Sandra M. Johnson, Deputy Clerk for ��trun.•:ovi'r- shared- I,irkctlrorl nt, m rrr..arh.puhc chcrm•crAk c;t,c: !ol ?6U.da- .1 -17' 5 f STATE OF INDIANA THEODORE KATTMANN SS: Notary Public, State of Indiana COUNTY OF l)6... County of Hamilton My Commission Expires Feb. 1, 2012 Before me, a'Notary Public in and for said County and State, personally appeared I 1-1,..., L. 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 day of /e.-6. 20 !o. NOTARY PU IC My Commission Expires: 7 eoclo xe /4.i. ,,,,,-1 4 A /a Printed Name My County of Residence: ',,,,,/j STATE OF INDIANA SS: COUNTY OF HAMILTON y +21 Before me, a Notary Public in and for said County and State, personally" appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known rliieckiio��n� #sal e..the Oi�hSOT Di,,� Members of the City of Cannel Board of Public Works and Safety, and D Y•, C Treasurer of THE CITY OF CARMEL, who acknowledged the execution of° the fore going C i5i etit Ri. Encroach" on behalf of the City of Carmel, Indiana. 1 Ii:D1As J; i Witness my hand and Notarial Seal this 17 day of t-e.b(U e.{"L 2.0.10. NOTARY PUBLIC e llti;11111j 11` My Com fission Expires: C Qnn DOL.] 5 P rinted Nanie My County of Residence: `kk- tar f1 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. 1`1-�, c I bb:n s Ofd:v'shared Ipid,ev.consent, to. •iurvach polio nca eras, tmtat., kot ZOO do:. r22 I■] 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 #260 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" "BASE HOUSE STANDARD FEATURES' BUCKINGHAM ELEV 5C Gar, FFE 781,0 9'FULL BASEMENT RIGHT HAND- Full Brick 1St Fir FFE 782.8 3 CAR SIDE ENTRY GARAGE FULL BSMT 9' Wails TOW 781.8 hp', BRICK 3 SIDES 3 CAR Side Entry Bsmt FFE 773.0 f 47.6' DECK OriveSlope =2.1% (3)4X4 WINDOW WELLS "SELECTED FEATURES' BRICK SIDES M M f WATER UNE CaMUItM Lf�JOE' IROQUOIS LANE Ri4C�(;©o C 1��1 3s (n1r /W 50' R (26' BC-8C) Note: u STM INLET H Minimum Front yard -2S TC =779.30 PLII 2' MRS vussa 1-12.0' Minimum Side Yard -3• i 'ROB minimum Aggregate 6' {Between Houses) Cirfil SwuK Minimum Rear Yard NIA J 90.00' t r. SANMH774 31.0' 7 20'D. U.89.3. N SEWER EN TC-778.70 SAN MH 772 4 TC=781.80 25• B.S.L rirosi 1 iiii. "°M111 7^ z, i i j'1� THREE CAR .l te NE x ci I Pn T>C1 DT 260 y.. o 13,500 SF exo v. BtlCgN I' 780.5 PER PLAN (FUU asvwl M. .G. 781.0 PER PLAN g a DI U i l l w n.a u m t() 67 A S 1 G ip ProposedGrade Drainage HOW 63.8' 61 8' XX.X Existing Grade 1 L Conc Flatwork Sq. Ft= 31525 76.61 Public Walk Sq Ft 3540 15' D.U.BS.E. Sod Sq Yds ±348 Seeding Sq Ft ±6732 STM INLET Mln 90.00 ►L'! TC=777.30 Note. Contractor should verify site &pectic information depicted Flood Hazard Note: hereon with the approved construction and erosion control plans for this development. Also, Contractor should reference Lot Number 260 ilea within Flood "Hazard Zone 'X' per the Architectural plans for foundation orientation BM d(nrenslons. scaled locabon'on tho Flood insurance Rate Maps for Nom: Hamilton County. Indiana (Community Panel #1805700235F, dated February 19. 2003). The proposed .construction grades, contours, and prgr0sed structure Note: elevations as depicted hereon are based upon h,Aan'utlon provided upon the approved construction documents prepared for this This drawing Is based upon ronsWcdonpars ardlo; record developmeN. Unless otherwise stated hereon, no intimation drawings prepared by others and Is not based ttpm a Decd survey. soli types. to bur n limned to, fluctuating te wel tables elevations, sell types. end condlt3ons within the building areas M this COOR Consulting 6 land Servlcaa, Corp. doaa not warrant the development have been provided anchor referenced on said correctness or integrity of th( information, The contractorfowner documents. With the excavation of the proposed structure should verity existing condition prlor to contraction. Any varying foundations, amain care and observations should he made in regard field conditions or any discrepancy with the intomte8on contained to such conditions as soli types and fluctuating water tables. During hereon should be immediately reported to COOR Consulting 8 Lend the etcaVation process should any unsuitable soils or ground Water Services, Corp.; failure to do so would result In the conaactor /ameis be witnessed, the builder shall be Immediately rotted for further assumption 01 liabili exaMnadon and consultation. At the builders diseretion, construction techniques may be necessary to alleviate future it probtem6 a [g. ©NERn PLOT PLAN 4 H fiM4 0 Prepared For. @inzaligOn c O :tl .N Qntdr a� I NSTR. #20061X1081902 C t5t yam J t�J .y S, g PC 8, SLIDE 165 t `a (7 u C7 l5 11 of (•!`l tt�r 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 260 (888) 593 -2667 (765) 345 -5943 FAX (765) 345 -5692 6573 IROQUOIS LANE Pulte Homes of Indiana DATE: /13/10 J08 #2003 100,260 REVISIONS: CARMEL,IN46033 e ,,6,,