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14015 Mississinewa Dr - Pulte Homes I APPROVED 0,0 1 'Y CONSENT TO ENCROACH 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 237 ("Lot with a common address of 14015 Mississinewa 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 2010025912 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented 11111111 11111111 11111111111111110111111111111111111111111 eb: msword to encroach\pulte cherry creek estates lot 237.doc:2 /l 5/10) 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 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 reb: msword :y:\shared\lpicketticonsents to coo oachlpulte cherry creek estates lot 237.doc:2!15'IOJ 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. [eh msword :y:'shareddpickett\consents to encroach \pulse cherry creek estates lot 237.doc:2/15/1 1] 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. Ieb:msword:y 'shared Ipickett \consents to encroaciopulte 011011) creek estates lot 237.doc:2 /I5 /10] 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' :loft.- 4a/9 14seF Printed Name Jai s Brainard, Presiding Officer 4...G..e a1AN;a 9 ER ate: 6 `2 r P'ned Title 4„....--) 4 Signa e Mary Ai Burke, Me fiber Date: 6 Date: I 1 Z1I l o 4 Lori Watson, ••emb r Date: q' -qt 0 Sandra M. Johnson, ATTEST: ;):.,_,00w Clerk for Tana Cordray, IAMC, Cler Treasurer Date: 6¢7Y7i 0 Icb:ni:,:nrJ:,:>har d 1prkaiconscnls ic, encrwchpai dum cvcck ant tc .25�.no.`'i -16; 5 STATE OF INDIANA SS: COUNTY OF) ,,.,H Before me, a Notary Public in and for said County and State, personally appeared 1 is 1lA14?s ,'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 6 day of 4/7 201). NOTARY PUBLIC My Commission Expires: ec. Ae.i ‘04.1,......--..-- A d.00-. Printed Name My County of Residence: AL. /4 THEODORE KATTMANN STATE OF INDIANA Notary Public, State of Indiana SS: County of Hamilton COUNTY OF HAMILTON My Commission Expires Feb. 1, 2012 Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me know and b me known to be the Members of the City of Cannel Board of Public Works and Safety, and Clerk Treasurer of THE. CITY OF CARMMMEL, who acknowledged the execution of the foregoing `Consent To Encroach" on behalf of the City of Cannel, Indiana. Witness my hand and Notarial Seal this day of 2 b e ,.1.1,,..c.) Abactc...a2 NOTARY PUBLIC My Commission Expires: Wald Printed Name My County of Residence: -L.\ 0...(`A -t. I A-D► 1 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. lel;:ma ertty: s of Ipid.trt emr:cmrz to oxrceeh puke chary of is est to lot 254.rlr215101 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 #237 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 1C Gar, FFE 779.6 9' FULL BASEMENT RIGHT HAND Brick 3 Sides 1st Fir FFE 761.4 -'Ve.. v, 3 CAR SIDE ENTRY GARAGE FULL BSMT 9' Walls TOW 780.4 BRICK 3 SIDES 3 CAR Side Entry Bsmt FFE 771.6 FIREPLACE Drive Slope 2.4% 4'X6' DECK (3) 4X4 WINDOW WELLS 1aWOREP @C 1 fns ©PRh LOT 237 @c� D® 1" O I ±12 SF Note: NO PAD PER PLAN Minimum Front yard 25' Minimum Side Yard 3' Minimum Aggregate 6' (Between Houses) Minimum Rear Yard WA 7779.20 0 WATER LINE 0' Irct r 140.00' papa 10.0 I m�J I I ILI I I 's =ice 2'7 1 p _Loa' 0 -N 1 N I b 11 LOT Q W N e 1 1 .8' (e D i2 F u 1 n ..a7 m I 5 8.8 o i KI w .cz I I I 03 k r4 it. (7) b 26.0' 51.x1• 1 O 1 1 I 1 a K gib in t Vino 1.1111' SAN MH 749 I J STM x 9.40 O.00 STM INLET TC= 777.40 TCe779.84 Proposed Grade Conc Flatwork Sq. Ft ±1470 Drainage Flow Public Walk Sq Ft ±450 XX.X Existing Grade Sod Sq Yds ±301 Seeding Sq Ft 36291 Note: Contractor should verity site specific Information depicted Flood Hazard Note: hereon with the approved construction and erosion control plans for this development. Also, Contractor should reference orientation and dimensions. Lot Number 237 Iles within Flood Hazard Zone 'X' per the Architectural plans for foundation scaled location on the Flood Insurance Rate Maps for Note: Hamilton County, Int:ans (Community Panel #18057CO235F, dated February 19, 2903). The proposed construction grades, contours, and proposed structure Note: elevations as depicted hereon are based upon Information provided upon the approved construction documents prepared for this Ms ire b based upon uwnsbuction plans t1nt1/or raced development. Urdese otherwlee stated hereon, no Intonation T ++�9 pon pertaining to but not Irdted to, fluctuating water tables elevations. drawings prepared by others end is not based upon a field survey. and types, and conditions within the buffing areas of this COOR Consulting 8 Land Services. Corp. does not warrant the said correctness or integrity of this information. The contradorlowner documents. ts. With the e been of the r proposed s on structure should verify existing conditions prior to construction. prowl d be be My '�g foundations, certain oars end observations s should made in regard field conditions or any discrepancy with the information contained to such conditions as soli 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 contractor /owners be witnessed, the budder shad be immediately notified for further assumption of liability. examination and consultation. At the builders discretion, additional c :suction techniques may be necessary to alleviate future n problems. li Ce;MIE 3G3V Cr-G CCC3 PLOT PLAN EXHIBIT }1 0 [S @`l��° 41 0 Prepared For. a f o INSTR. 11200690061902 t ;7tia oOf��3�1��I[7�g Band zQwD @Qg9 PC 4, SLIDE 16 6 OD ii' ip OO P Na t C! O in NO 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 237 (888) 593-2667 (765) 345 -5943 FAX#: (765) 345 -5692 14015 MISSISSINEWA DRIVE PUlte Homes of Indiana DATE: 02/09/10 JOB #2003 100.237 REVISIONS: CARMEL, IN 46033 Ci) A41 eilf