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6550 Paddle - Pulte Homes APPROVED f CONSENT TO ENCROACH AP ROV :0 AS TO FORM F31, 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 256 "Lot with a common address of 6550 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 2010025919 ENCROACHME $26.00 06/11/2010 09:08:19A 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented II II III 11111111100111111111111111 Ill eb: msword :yi\sharedtlpicketoconsents to encroach\pulte cherry creek estates lot 256.doc:2/15 /1(1] 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: msrord :v:\shared\lpickett\consents to encroach\poke cherry creek estates lot 256.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. [clams, ord:y:\shareddpickett \consents to encroach4wlte cherre week estates lot 256.doc:2.15 /10J 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. [d>:msword:y: shareddpickett to encroachlpohe cherry creek estates lot 256.doc:2115/10] 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 Joe) .l n s� .45-...m.. Printed Nam lines Brainard, :resid' Officer V1E..6 HA �,a E� Date: 0 'r lied Title fl Ale4 1 .....6/ Sk.. Si e Mar} Burke, M�fnber� Date: V oL Date: yf 10 Lori W.:. en ber Date: Ca .110 ATTEST: 3® 0 /t Deputy Clerk for iana Cordray, 1 C. Clerk- Treasurer Date: /,v U cb'mswrd.� rahurcJ Jpickcuconcros to oinuach:pulle ehcrn Hack. crd�s lo; '�G.ett 110 5 STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared 14A M 4-1 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 Y 20 /O. NOTARY PUBLIC My Commission Expires: 77 Ave 7�l nr. ewe A cZC)a- Printed Name My County of Residence: THEOUOkE KAT T tvINNN 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.m known to be Members of the City of Cannel Board of Public Works and Safety, and Clerr. Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. g Witness my hand and Notarial Seal this a day of 20 1 b. NOTARY PUBLIC My Commission Expires: QM\ t S /k/ i l 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 per jury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. �cF.;ur.•oori:y, shar 1pui.cv cooseno to cncroarh ;min clnrry cad: cst lot 254.rl c2 IS 1111 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 #256 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" I BUCKINGHAM ELEV 1C Gar. FFE 778.3 NO1e: RIGHT HAND -Brick 3 Sides 1st Fir FFE 780.1 Minimum Front yard 25' ar r :1;,, FULL BSMT 9' Walls TOW 779.1 Minimum Side Yard 3 3 CAR Side Entry Bsmt FFE 770.3 Minimum Aggregate Drive Slope 2.8% (Between Howes) Minimum Rear Yard -N/A 's Hp STM INLET al 90 ng TC=778.80 1 15' D.U. &S.E. /1 Znnn 11 r,r-fl 1111 "BASE HOUSE STANDARD FEATURES" 67.8' 69.8' w 9' FULL BASEMENT I I') 3 CAR SIDE ENTRY GARAGE y BRICK 3 SIDES c4 FIREPLACE ul c4 F 4'X6' DECK (3)4X4 WINDtTNWELLS I' o f b ti c.+a i 4h.- Im Rl I b b t C: D t BUCKINGHAM 1C l' (FULL 05Mr) LOT 256 1. 1 250 ±13, 950 SF S THREE CAR GAR PAO 778.0 PER PLAN 5 .17 il:lkl h> l uncxc) Vi r. 1 r r� 28.4' Wiortnia. J WALE 25 B.S.L. J x 30.P L 20' D.&U.E `n 1114:1 90.00' sl s WALK WATER UNE Proposed Grade ��i, Drainage Flow P.1s1 s STM INLET 10.0' 1111.1 \C =776.93 X %.X Existing Grade Conc Flatwork Sq. Ft =±1488 PADDLE DRIVE Public Walk SgFt =±450 50' R/W (26' BC.BC) Sod Sq Yds ±337 J SAN MH 776 Seeding Sq Ft =±7252 SAN MN 775A TC =779.30 TC=778.30 lit SAN SEWER ®Note: ICI Contractor should verify site spea6° Wamatlon depicted Flood Hazard Note: plans with the approved construction end erosion control plans for this development. Also. Contractor should reference Lot Number 256 Bea within Flood Hazard Zone "X' per the Architectural plans for foundation orlentatldn and dimensions. scaled locadon on the Flood Insurance Rate Maps for Note: Hamilton County, Indiana (Community Panel #18057002351, Caned Fly 19, 2003). The proposed construction grades, contours, and proposed structure Note: elevations as depicted hereon are based upon idiomatic() provided upon the approved construction documents prepared /w 548 TMs drawing N based upon construction plans rn cwd development. Unless otherwise stated hereon, no information drawings prepared by others and 1s not based upon a field survey. sob types. to but not limited to, n the bung water min 11 elevetloru, COOR Consulting Land Services, Corp. does not wennn the development types, and have been provided within the berg areas W Ws of title Information. The contractor/owner docu have beex ovion f the referenced posed on said correctness or Inn �7 documents. With the excavation of the proposed structure should verify existing conditions prior to construction. Any varying foundations, certaln care and observations should be made In regard field conditions or any discrepancy with the IntamatIoncmtained 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 wits or ground water Services, Corp.: fakirs to do so would result In the controchsA,mrers be witnessed, the builder shall be Immediately ndtlled for further assumption of 8abdty. examination and consultation. At the builders discretion, additional construction teehroques may be necessary to alleviate fosse 4 Problems. C IXI[ RS7 ©713E PLOT PLAN EXHIBIT 1 P .,'11. E nTEZ Prepared For bo/gIT�ICm s --11.:,::: con@ of ang es ancl ongligsz, INSPTRC 4, DE0061 0 P[ U it ,t 4 i) O n 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 256 r.- t (888) 593.2687 (785) 345-5943 FAX#: (765) 3455892 6550 PADDLE DRIVE Pulte Homes of Indiana DATE: 0218/10 JOB #2003- 100.256 REVISIONS: CARMEL, IN 46033 EY4 I 8 r r 6