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6562 Paddle Dr - Pulte Homes 2G; x7 i.t ,r.. C. 4 03 APPROVED 60 409,_ CONSENT TO ENCROACH APP'IOV:Z3 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 257 ("Lot with a common address of 6562 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 2010025916 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII [chansword:y:sharedtlpickett consents to encroach 'Tulle cherry creek estates lot 257.doc:2/ I5 /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 :mscordyashareddpickett%consents to encroachlpulte cherry creek estates lot 257.doc:2 /I5 /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 1 I 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: msword :q:\sharedtlpickctoconsents to encroach tpuke cherr creek estates lot 257. doe :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. 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. [eh mswor :y: to encroach\pulte chc n creek estates lot 257.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 SAFET Jo�L 114 rh Printed Name mes Brainard, Presiding Officer Ea►� friA W A te: 16. dOM: i�ted Titl SilA •e Ma An urke,lV�e�be� Date: 6 co Date: 1 4/Z°: /4 o Lori Watson ember Date: 6/o .a-( ATTEST: Sandra M. Johnson, Peps', 11 for Di na Cordray, IAMC, C1 Treasurer Date: le/1/0 i, in;,,o.r:� 7hvcd I;,wkai n:naan. n ninoad+{mhc chap. aa. c uas to: 23 cWr.2 I o; 5 STATE OF INDIAN A 11 SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Sokt Alt SKE 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 a. 20 !0. NOTARY PUBLIC My Commission Expires: /,4 c Li t. F 6 Printed Name My County of Residence: STATE OF INDIANA 7HEODOR> KF1T1 MANN SS: Notary Public, State of Indiana 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 'i`, -r'", CleN Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the fbregoing "Consent To Encroach" on behalf of the City of Cannel. Indiana. ,-a Witness my hand and Notarial Seal this p� day ofY\ L_ 0 r NOTARY PUBLIC My Commission Expires: C r 406///7 Printed Name My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for pei jury, that 1 have taken reasonable care to redact each Social Security' Number in this document, unless required by law. l d;:n.. a;rtit sIa,cd Ipia.eu eorsc,tb; 10 morcoolt Polk ohorrc red: sum lot 354. do i5 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 #257 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. EXHIBTI' "A" BUCKINGHAM ELEV 1C Gar. FFE 779.3 Note: RIGHT HAND Brick 3 Sides 1st Fir FFE 781.1 Mi nimum Front yard 2 i 4, t FULL BS MT 9' Walls TOW 7130.1 Minimum Side Yam -3 3 CAR Side Entry Bsmt FFE 771.3 Minimum Aggregate t3 Drive Slope 4.1% (Between Houses) Minimum Rear Yard N/A STM INLET TC=776.60 HP t STM INLET 9�. Y TC 777.30® 1 1 15' D.U.&S.E. f Q aOiiTGa fl O©tTl511U %C�c`]a D %o ro" tc I BASE HOUSE STANDARD FEATURES" y j 6 8' 67.8' 9' FULL BASEMENT to 3 CAR SIDE ENTRY GARAGE a f I BRICK 3 SIDES Le FIREPLACE 4'X6 DECK ui M (3) 4 %4 WINDOW WELLS Ib I •xe /1 O b I /Mk Dec"' i try' O Iii 7.75 LO i a TA BUCKINGHAM 'C LOT 257 I ±13,950 SF 177_RI k :o, THREE CAR I SUMP LEIB PAD 779,0 PER PLAN Ph OAR (then) iirC311 rim, s- MFG 779.2 PER PLAN I .1 I �,yS I 28.7 w u O. 7_ 25 B.S.L_ it r o' 5 coitc ORM IN 20' 0.8U.E. i•U 177.21Iil l 1 ILI' RAU S WALK IXX.XI- Proposed Grade i Amon 'all a Drainage Flow rcuRa Wisso rII D XX.X Existing Grade STM INLET 10 0'— TG= 776.93 Conc Flatwork Sq. Ft 11500 PADDLE DRIVE Public Walk Sq Ft =1450 50' RAN (26' BC-BC) Sod Sq Yds =1338 SAN MH 775A i SAN MH 778 Seeding Sq Ft =17251 TC= 178.30 TC= 779.30 SAN SEWER Note. Contractor should verify site speclk kdonnadondepicted hereon with the approved construction and erosion control Flood Hazard Note: plans for this development Also. Contractor shock refererce Lot Number 257 ties within Flood Hazard Zone "X' per the Architectural plans for foundation orienta*nr and d15rer siore. scaled location on the Flood Insurance Rate Maps for Note: Hamilton County, Indiana (CommuNty Panel 118057CO235F, dated February 19, 2003). The proposed construction grades, contours, and proposed saint re elevations as depicted hereon are based upon bdametlon provided Nola: upon the approved construction documents prepared for this This drawing Is based upon construction plans and/or record development. Unless otherwise stated hereon, no Information drawings prepared by others and Is not based upon a geld survey. sen types w but not limited it fluctuating water tables elevatons, COOR Consulting Land Services, Corp. does not warrant the sill types, and have bee within the d\or referenced areas of n s development have been provided andbr 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 cans! union. Any varying foundations, certain care and observations should be made In regard held conditions many discrepancy with the Information contained to such conditions es soil types and fluctuating water tables. Dtring hereon should be immediately reported to COOR Conan Sing Land the excavation Services. Corp.: failure to do so would result in the contractor/owners Process r sh any i medi ahk rats wound water be witnessed, the bolder shall be immediately notified for further assumption O Iab9dy examinat on and consultation. At the builders dleaefon, acictional construction techriques may be necessary to alleviate future w e problems. P a R R f K PLOT PLAN EXHIBIT E Prepared For: 0 o(;g1110O 1n1 I il o INSTR, fr200600061902 l c @n ta0aang el Diva] Z®YUBg®&5p PC 4, SUDS 165 o rr L o G' a C ii 0 1 *11 t r. 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 257 I w (888) 593 -2667 (765) 345-5943 FAX#: (765) 345.5692 6562 PADDLE DRIVE Puke Homes Of Indiana DATE: 028710 JOB 82003- 100.257 REVISIONS: CARMEL. IN 46033 (visitmi 5