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13933 Mississnewa Dr - Pulte Homes s COP T APPRO 42o 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 240 ("Lot with a common address of 13933 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 2010025914 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented I II I IIII II I IIII II IIIIIIII IIIIIII II VIII I IIIIII VIII III d eb: nsvord :\shared,lpickett,eonsenis to encroachipuhe cherry creek estates lot 240.doc:2! 15'10] 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 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: pas, ordty \sharedJpickett\consents to encroach1pulte cherry creek estates lot 240.doc2/15/l 0] 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. deb: msword :y: to encroach\pulte cherry creek estates lot 240.doc:2• I5.I0] 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 northern 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: msaord:)ctshareddpickeukonsenis to encroachtpulte chcrry creek estates lot 240.doc2 /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 Printed Name mes Brainard, Presidin, ficer t- IAjjAC 0 .Date: ar T qt .e Title Sigma ary n Burke, M mbek /O Date all Date: y Z� r� Lori Watson,. t rnber Date: rO /a-f �O Sandra RC 6i i 3:FJ'y, ATTEST: t;, Chlt iat f,/it/0 1)LI)L.61k-D iana Cordray, IAM Clerk Treasurer Date: �c5 m.c: o: d.y' sl>,ruJ ipia'kat cor+scuts ro rn, oaclrpIte chcn' 000 00tOIG Ln N, d.x.: 1! hi 5 STATE OF INDIANA SS: COUNTY OF �o.r�, Before me, a Notary Public in and for said County and State, personally appeared )1Ail t'51Rl; 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 p 20 fd. NOTARY PUBLIC My Commission Expires: GZ o2Q /44- Printed Name My County of Residence: h 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 known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Clerk Treasurer of THE CITY OF CARMEL, 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 Zday of 6,3444- It cr c aa_ NOTARY PUBLIC My Commission Expires: Ourkr S *hell Printed Name My County of Residence: tki T r\ 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. dtamwoaP.y'har.�l trwt:ett cw,ent, to atcnach:ultc chnp cis$: orala k■ Zhl.Cox? li 10J 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 #240 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 780.5 r;: 9' FULL BASEMENT RIGHT HAND Brick 3 Sides 1st Fir FFE 782.3 ,,tw' 3 CAR SIDE ENTRY GARAGE FULL BSMT 9' Walls TOW 781.3 BRICK 3 SIDES 3 CAR Side Entry Bsmt FFE 772.5 FIREPLACE Drive Slope 4.3% 4'X6' DECK (3)1X4 WINDOW WELLS i .1 Q LIV© LSUU LOT 240 fts]oe° O ±12,600 SF Note: PAD 780.2 PER PLAN Minimum Front yard 29' Minimum Side Yard 3' Minimum Aggregate 6' (Between Houses) Minimum Rear Yard N/A STM INLET TC =778.32 STM INLET l� �.0�' TC=77B.20 El I ��i�i�i ;►i�i ��i�i�i�i� i�i�i�i 10' D.U.BS.E i� J• 1 Q UJ -26.0' J ill h vi 4. Q g y 4 46 w S I h tau C w G m V Z C7) 14.8T J 1 O r li 50.8 tT h 1, z2 btu -56.8' 3 n gg cc a 04 \r .II, tC N m 10.0, I n U Mai ri r. TC= 7B 5.0' 140.00' mci ct ut 6 Conc Flatwork Sq. Ft 11452 Public Walk Sq Ft ±450 Sod Sq Yds 1303 SAN MH 772 Seeding Sq Ft 18291 MI e Proposed Grade TC= 785,80 Drainage Flow Note: XX.X a Existing Grade Contractor should verify slte specific Information depicted Flood Hazard hereon with the approved construction end erosion control plans for ttds development Also, Contractor should reference Lot Number 240 ties within Flood Hazard Zone "X' per the Architectural plane for foundation orientation and dimensions. scaied location on the Food Insurence Rate Maps for Note: Narration County, Indiana (Community Panel N18057CO235F, dated February 19, 2003). The proposed construction grades, contours, and proposed strcture elevations as depicted hereon are based upon Information provided Note: Upon the approved construction documents prepared for this t9 based upon construction plans andlor record development Unless othenelae stated hereon, no Information This drawing 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 building areas of this COOR Consulting Land. Services, Corp. does not warrant the development have been provided and tor referenced on said correctness or integrity of this iniormstion, The contraclor/owner documents. With the excavation of the proposed structure should verify existing conditions prior to construction. Any varying foundations, certain care and 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 Lard the excavation process should any unsukable soils or ground water Services, Corp.; failure to do so would result In the contractor/owners be witnessed, the builder shall be immediately notified for further assumption of Batty examination and consultation. At the builders discretion, additional construction techniques may be necessary to alleviate future problems. JJJ ©FIMIANV @GiEMM PLOT PLAN EXHIBIT (30Tn4M Prepared For. o I NSTR. #200800081902 'r' c�onm piing g lAnd zem[1@s 2 PC 4, 0060 16 t 6 Om P P O T cS 6 d0 n o�m 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 240 (888) 593.2667 (765) 345-5943 FAX (765) 345 -5692 13933 MISSISSINEWA DRIVE Pulte Homes of Indiana DATE: 02109!10 JOB #2003- 100.240 REVISIONS: CARMEL, IN 48033 S$44 t&nr 13 1