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14020 Mississnewa - Pulte Homes D' 2010010686 ENCROACHME $25.00 03/09/2010 08:59:31A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented C ONSENT TO ENCROACH APPROVED C APCROVM 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 230 "Lot with a common address of 14020 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 eh: msscord :y:2shareddpicketdconsents to encroach\pulte cherry creek estates lot 230.doc: 12/9/09] 1 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 "15' 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 hnprovement 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 eb: msword:y ^shareddpickettkonsents to encroach cherry creek estatcs lot 230.doc:12 /Sl09] 2 (ii) Owner complies with all of the teens 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: msvord :y:`sharedhIpickett\consents to enc. oachtpuke cherr creek estates lot 230.doc: 12/S/091 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 southern 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. eb: msw old :y:\shared /pickett\consents to encroach/pulte cherry ereek estates lot 230 .doc: 12/9 4 1 "OWNER" '`CITY" PULTE IIOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY ,ae II" ....?si-: --ems A /C7= Printed Name ai nard, Presiding Officer e H., r •�a ate: 6 N itle ed T 1 h. Si At e i A Burke, Member Date: J J 8 1 z Date: Lori Wat ember Date: 1 /4, l,n ATTEST: 'SA i ana Cordray, 1 C. Clerk- Treasurer for .5 Date: I 62/0 �eb:mxeord:p: shucd- ipic'sav ans.,ats to cnrcach puitc char crc 1. t�t:!t� Iat p.doc: -N ti� 5 STATE OF INDIANA THEODORE: KArTMANN Notary Public, State of Indiana SS: County of Hamilton COUNTY OF My Commission Expires Feb. 1, 2012 Before me, a Notary Public in and for said County and State, personally appeared FOR PULTE HOMES OF INDIANA, LLC, by me known, and who acknowledged th execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and Notarial Seal this day of ib 20o`+. NOTARY PUBLI My Commission Expires: Ula Printed Name lc': �'„nc My County of Residence: ffr STATE OF INDIANA SS: 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 known nd b e known to br e Members of the City of Carmel Board of Public Works and Safety, and 11 A i {�tY �r( t, Treasurer of THE CITY OF CARMEL. who acknowledged the execution of the for6Toin`g: Encroach" on behalf of the City of Cannel, Indiana. Witness my hand and Notarial Seal this day of a NOTARY PUBLIC My Commission Expires: Q. 6.- J '•1 4$ f/f. Printed Name My County of Residence:! 61\ 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. (eb_ms,oick) siLocd ipicktl conscat 4.- MCronch pc1lc ehm} arek utaies iot 230 doe 12 X.o ij 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 #230 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" 1 "BASE HOUSE STANDARD FEATURES" WINDSOR 11 ELEV 1C Gar. FFE 779.7 9' FULL BASEMENT LEFT HAND Full Bride 1st Fir FFE 781.5 3 CAR SIDE ENTRY GARAGE. FULL BSMT 9' Walls TOW 780.5 T FAMILY ROOM EXTENSION 3 CAR Side Entry Bsmt FFE 771.7 BRICK 3 SIDES Drive Slope 2.1% FIREPLACE 4'X6' DECK to (3) 4X4 WINDOW WELLS "SELECTED FEATURES" Q�auu U ��pt5� BRICK 4 SIDES LOT 230 ±13,838 SF ,_,A E R [1( PAD 779.3 PER PLAN Note: SAN MH 770 Minimum Front yard -25' TC =779.20 Minimum Side Yard -3' Sv M Q w (Between Ho gate -5 etween en Aggregate Houses) Minimum Rear Yard N/A u) 140.00' t7 MI MI Kw n .4 6117 1 10.ff Olt 1I. Ui 4 1a l.. .4l N Il i 51.3' v N i 3 c. W g 0 I ■MI I 1 0, 1 z. I 41 2, 4 8-11 darill[ b 1E rs IN .S.E...)ER ,611 I1 w 55.7' I I r-- tear o 1 Q o L DII oc°,` Iv 1t 11.1 3 o w z RI SAN LAT N J ry 98.6T i 1 I U oi I co 11 .'30 0' N L co LO 3 7' N° •I 3 lI 15'D.U.: MEIN C —,rr r+ STM S7 I7s.si 146 01 1R 1tl STM INLET STM INLET TC= 778.22 TC= 775.96 SAN MH 749 C y� TC= 779.84 S IXX.XJ Proposed Grade Conc F latwork Sq. Ft ±1532 's Cie, `Drainage Flow Public Walk Sq Ft ±489 7 b e.', .0 it xx.x Existing Grade Sod Sq Yds ±369 +-=.■11 Seeding Sq Ft ±6938 Note: Contractor should verify site species information depicted Flood Hazard Note: hereon with the approved construction and erosion control plans for this development. Also, Contractor should reference Lot Number 230 Iles within Flood Hazard Zone `X` per the Architectural plans for foundation orientation and dimensions. 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 stnrcture elevations as depicted hereon are based upon information provided Note: upon the approved construction documents prepared for this development. Unless otherwise stated hereon, no lnformstim 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. soil types, and conditions within the balding areas of this COOR Consulting Land Services, Corp. does not warrant the development have been provided anchor 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 to construction. Any varying foundations, certain care end observations should be made In regard field conditions or any discrepancy with the information contained to such conditions as soil types and fluctuating water tables. During hereon should be immediately reported to COOR Consulting Land the excavation process should any unsuitable soils or grand water Services, Corp.: failure to do so would result In the contracto'owners be witnessed, the builder shell be Immediately notified for further assumption of liability. examination and consultation. At the builders d'tseretion, addttiond C F1E-2R 'l ©REITZ PLOT PLAN construction techniques may be necessary to alleviate future problems. Cg4LAVE2 Prepared For 60���D�B�c� [kind Q�Bc��� INS 4, SLIDE E1 165 61902 Q 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 230 (888) 593 -2667 (765) 345 -5943 FAX (765) 345 -5692 14020 MISSISSINEWA DRIVE Pulte Homes of Indiana DATE: 12/07/09 JOB #2003- 100.230 REVISIONS: CARMEL, IN 46033 foil4 if irr 5