6526 Paddle - Pulte Homes k f
APE: CONSENT TO ENCROACH OV D AS TO FORM
E E c A. P 'r.
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 254 ("Lot"), with a common address of 6526 Paddle
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
2010025915 ENCROACHME $26.00
06/11/2010 09:08:19A 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
IIIIII IIIIIIII 1111111 IIIIIIIIIII 111111 1 111111 11
Iebansword:y:\shareddpickett \consents to encroach\pulte cherry creek estates lot 254.doc:2 /l5%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
eb: msvord :y:\shareddpickettconsents to encroach■pulte cherry week estates lot 254.doc:2!15/10] 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
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.
leb:msword:p: shared \consems to encroach \pulte cherry creek estates lot 254 doc:2 /15,10] 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.
1L 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.
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"OWNER" CITY.,
PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA,
AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF
PUB C WORKS AND SAFETY,.
'AFL PI AFIPSI -ti 6‘
Printed Name ales Brainard, Presiding Officer
S1Ee b t iANN� a Date: _.__.V -/0
•d Title
1/
Sign r Mary A Burke,Memher rp
Date: v 1
Date: 1
Lori Watso ember
Date: Co/ di 10
Sandra M. Johnsatip
ATTEST: Deputy O& i
iana Cordray, IA C, erk- Treasurer
Date: lP /2
(t mscad�. Amcd Ipici:N ttnsrn¢ w rncro. +.d pulc clrcry ark uciis l01 .'94 1, 1! I D; 5
STATE OF INDIANA
SS:
COUNTY OF .r.•, I�,n
Before me, a Notary Public in and for said County and State, personally appeared
A AM?S i 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 20/0
NOTARY PUBLIC
My Commission Expires: 7124.4
0 n 4. c
eO /a Printed Name
My County of Residence:
THEODORE KA i l MN iviv
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 by me known to be the
�0. tP M
Members of the City of Carmel Board of Public Works and Safety, and e`r
Treasurer of THE CITY OF CARMIL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Cannel, Indiana.
a""
Witness my hand and Notarial Seal this day of 201
NOTARY PUBLIC
My Commission Expires:
c. haUt
/7 Printed Name
My County of Residence: 4 I
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 1 have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
(drrt! a cr;l yali,a e l Ii ic{.cu ccrcnus to encroach yolk chop aces: cscau lot 24 .d r:1 1 i 101 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 #254 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"
BUCKINGHAM ELEV 1C Gar. FFE 773.4 Note;
RIGHT HAND Brick 3 Sides 1st Fir FFE 775.2 Minimum Front yard 25'
FULL BSMT 9' Walls TOW 774.2 Minimum Side Yard 3'
3 CAR Side Entry Bsmt FFE 765.4 Minimum Aggregate 6'
Drive Slope 9.4% (Between Houses)
Minium Rear Yard N/A
STM INLET
TC=768.00 90
15 D.U.BS.E L z-,........,,,,
3 f
1 1 BE HOUSE STANDARD FEATURES'
cn 66.8' 67.8' 1 9' FULL BASEMENT
a I 3 CAR SIDE ENTRY GARAGE
u) BRICK 3 SIDES
FIREPLACE
1 4X6' DECK
(3) 4X4 WINDOW WELLS
W
cn 4xE o
O us r° h 17.37 41
O
o L') c
MR)
S
6UCKINGHMt 1C
(FULL
-1 LOT 254
s.a—
aunt ±13,950 SF
1.: N. r" g t� ,S" l mu PAD 773.1 PER PLAN
t:f I.. tUNEXC) Port
/J�
28.Y er
WALK 4)
I -4 225'B
T
tz 3C.0'
c S 20' D.BU.E.
n
Lt:it:1 wiIi:161 30.00'
H s WALK LINE poil= Proposed Grade
1 I APRON W W Drainage Flaw
I XXX m Existing Grade 6133J 2' CURB cur sw 10.0'
STM INLET
TC=768.24 11 Cone Flatwork Sq. Ft ±1499
PADDLE DRIVE Pub{lc Walk Sq Ft ±450
50' RAW (26' BC-BC) Sod Sq Yds ±338
Seeding Sq Ft ±7295
SAN MH 775 SAN MH 775A
TC= 776.30
TC=7B9.90 Nets:
la SAN SEWER
Contractor should verify she specific information depicted
Flood Hazard Note: hereon with the approved construction and erosion control
plans for this development Also, Contractor should reference
Lot Number 254 lies 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 etlUCture
elevations as depicted hereon are based upon Information provided
Note: upon the approved construction documents prepared for this
development Unless otherwise stated herson, no information
This drawing Is based upon construction plans and /or record pertaining to but not invited to, fluctuating water tables elevations.
drawings prepared by others and is not based upon a Held survey. eos types, and corditlos within the building areas of this
COOR Consulting 8 Land Services, Corp. does not warrant the development have been provided and for referenced on said
correctness or Integrity of this information. The contractor/ovmer documents. With the excavation of the proposed structure
should verify extstI g conditions prior to construction. My 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 Land the excavation process should any unsuitable tops 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 liabSHy examination and consultation. At the builders tliscretion, additional
-ClIoor. construction techniques may be necessary to alleviate future
problems.
Cc [n1C RRU @WEIECZ PLOT PLAN EXHIBIT
e a Prepared For.
cgonvmniD e Dane aenrifi @c 9 INS� #2 E 1 61902
co P p o T 4 u o t
303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 254 '•i. -ii
(888) 593 2867 (765) 345 -5943 FAX (765) 3455692 6526 PADDLE DRIVE Pulte Homes of Indiana
DATE: 02/8/10 JOB #2003 100.254 REVISIONS: CARMEL, IN 46033
S/H iii' 6