Loading...
6561 Iroquois Dr - Pulte Homes r PPROVED 6 i v o 14. CONSENT TO ENCROACH APp lo :o 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 261 ("Lot"), with a common address of 6561 Iroquois 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 2010025918 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented VIII IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII [eb:msword:q ^shareddpickctt \consents to encroach\pulte cherry week estates lot 261 doc:2t15 /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:\share1Upickett \consents to cncroachspulte chary creek estates lot 261.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. eb :msword:yrshareddpickn■consents to encroach■pulto cherry creek estates lot 26 1 .doc:2 /I5!I 0] 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 eastern 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:msword:yAsharedIpickett consents to cm] oacliymlte cherry ❑reek estates lot 261.doc:2 /I5 /IO] 4 OWNER "CITY" PULTE HOMES OF INDIANA, LLC CITY OF CARMEL, INDIANA, AN INDIANA LIMITED LIABILITY COMPANY BY AND THROUGH ITS BOARD OF PUBLI WORKS AND SAFETY S EL I41PsAim .J Printed Name J es Brainard, Presiding Officer N Sr .E 1) N l4C Da te: 7 i ed Title Sig e Mary A Burke, M mber Date: Date: -4 10 Lori Watson, i ber Date: 4 -II O ATTEST: Sondra M. Johnson, M 1. Deputy Clerk for Diana Cordray e C, Clerk- Treasurer Date: 11A- /a �rh n;, ao, Ashardlpirklfcoisme .moncrmch {nil,e chcyec +k ,ti,,i Ict'ri.u. +.'Ij NUJ 5 9 IUi i =`P t:Z l01 ova 12Mp oilnrf 113 WINO al suu tpyp!J1 Ca ngY:.(:pa v Ul:V I heel ,(q p .tinba.i ssalun `luautnoop siLli ui zoqutnN klunoos (epos Lloeo loep)J of a.teo alquttos?,a.t tta)Iel aAL'LI 1 Lap 'tilnCtad .Ioj satitBuad ogli zapun `Luujje I 'Z£091? euetp1I 'IauLre: a.tenbS Dint: 3u0 ',CautollV 4 `a.Imbs3 `,(quell 'J selS'nou ng pazeda.ul Sera luatun.tisul spu )1-1)1/41-11)_k :aouaptsall jo iCluno,: Cyr aLUeN paluud L V/// S cT U :sa.rutxg uotssttutuo: nlAj 31JHfld 1k23�iOI�I (1'" cs44V d 1 O) 0 JO,Cup ri )psitll IeoS Ieizelol\I pue pueq /Cut ssaulIM 'euetpul `IaaLle: jo !CID aLl.l jo JINN uo „LIJeo.loug o L luasuoJ„ ,uio ,azoj aLII Jo uopnoaxa atll papal, ouloe oLj,\\ 'TdIAI21VD dO AIIJ HELL JO .ta.mse.tl o IaI `A pui `,/(lajes pu s?I.toy otlgnd jo p.teog IaLLLU T3 jo AIT: aLll jo siaquio i. Li u ti� o uj 0 111 /(q pue UMou out iCq `NOS1VM I210"I P 3>I2lf si N.NV A21V 1 `42IVNId2Ig S3IAIbf pazeaddi ,Clleuos.tod 'owls pue ,(luno: pies zoj pue ut oggnd ,CteloN e `out aJOlag Z LOZ 'L 'OA sodxs uoisspwO3 AW NOIJIT IVH dO AINI1103 UOThweH to d Uno3 :SS eueipui jo alelS 'o'Icind tielON NnitrlI.;.► vt'.IVIGNI d0 3IVIS War!/ :o.ouapisa)l jo ,Cluno0 CIA' aute,N Paluud 7∎0 Z 1 7€f sazldx3 IIOISSI .IUto: XI A1 DI 1E11d J2IV1ON '0702 ,jo /Cup 2 SIT I130S InueloN puL pueL1 /CLU ssault,NA poop pUB loe ,Ctulunlon .taq .to sILI se .:F- iDVO2IJN3 Ol .LN3SNOJ„ f)uio .a.loj at {1 Jo uotlnoaxa oql paBpoimoure oLIM pue `Umou:t ow ,(q `J `d4IVIQNI dO SHIAIOH 3l'IfZd 2I0d 3 +sdhrvir 7 3 °S poxeodcle j1jt uos.tad `a- is puu ,Citmo: pus .To3 pue ut otlgnd £t oN e 'out oJojag I„v dO AUNCIOJ :SS VNVIQNI dO 3LVIS LEGAL DESCRIPTION Part of the Northwest and the Southwest Quarter of Section 22, Township 18 North, Range 4 East in Hamilton County, Indiana Lot #261 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 780.4 Note: RIGHT HAND Brick 3 Sides 1st Fir FFE 7822 Minimum Front yard 25' ,1 r FULL BSMT 9' Walls TOW 781.2 Minimum Side Yard 3' 3 CAR Side Entry Bsmt FFE 772.4 Minimum Aggregate 6' Drive Slope 2.2% (Between Houses) Minimum Rear Yard N/A HYD WATER LINE ti M M IROQUOIS LANE ,CAO UGMQC Ukg© h 50' R/W (2s BC-BC) allI E V OCY IISTM INLET 12.0' roues wr sso 11Z:11:1 =IC BASE HOUSE STANDARD FEATURES 111 4' FULL BASEMENT A oK 1 3 CAR SIDE ENTRY GARAGE rpm 3' WALK BRICK 3 SIDES j 90 00' FIREPLACE r�� 11 4'X8' DECK ••1 (3) 4X4 WINDOW WELLS SAN MH 774 C ora 1 SAN SEWER it. 20' D.U. &S.S.E. 3 2A' DRIVE iii TC= 778.70 a5 SAN MH 772 125' B.S.L TC=781.80 iii eL 28.3' a ar. sots. O tai R .T i 11! r I i 5 c1 g ,12.,3y THREE CAR LOT 261 6 PIT L 5'' ii ±13 SF el>cllwcltAntic PAD 780.1 PER PLAN (FULL aeMn i MFG 780.6 PER PLAN O D I R O p GOO 27.23' p p to t3 INN b sot ?3' I e— i Proposed Grade 1 62.8' 8 I 1 Drainage Flow XX.X Existing Grade 1 Cone Flatwork Sq. Ft ±1525 15' D.U. &s.E. Public Walk Sq Ft ±450 Sod Sq Yds ±355 HP 91.10 HP STM INLET Seeding Sq Ft ±6806 1 STM INLET TC 777,30 TC =776.60 Note: Contractor should verily site specific information depicted Hood Hazard Nola: hereon with the approved construction end eroslon control plans for this development. Also, Contractor should reference Lot Number 261 lies within Flood Hazard Zone •X" per the Architectural plans for foundation orientation and dimensions. scaled location on the Flood Insurance Rate Mape for Note: Hemlton County, Indiana (Community Panel a16057CO235F, dated February 19, 2003). The proposed construction grades, contours, and proposed structure elevations as depicted hereon are based upon Information provided Note: upon the approved construction documents prepared for this development Unless other ise stated hereon, no information This drawing is based upon conseucIOn 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. sod types, end conditions within the building areas of this COOR Consuhing Land Services, Corp. does not warant the development have been provided and for 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 and observations sho rid be 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 ground water Services, Corp.; falure to do so would result in the contractor/owners be witnessed, the builder shat be Immediately notified for further assumption of liability. examination and consultation. At the builders dlaaetion, additional construction techniques may be necessary to alleviate future i s. problem ©InIEEDU ©I I D PLOT PLAN EXHIBIT 4 r It g �f IBS" Prepared For dy e (noff INSTR. #200800061902 p l h 1 �f''aonl aflSlI(�g DC�$ Q71 lXl �C�I lgrlcg PC 4, SLIDE 165 d o m p P Erl 4 ri m 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 261 is �t (888) 593 -2687 (765) 345 -5943 FAX (766) 345.5692 6561 IR0000IS LANE Pulte Homes of Indiana DATE: 02/8110 J08 #2063-100.261 REVISIONS: CARMEL, IN 46033 I b )611 dB