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Cherry Creek Estates Lot 122 - Pulte Homes 2005001307370 Filed for Record in ■DtQ HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN D 02 -07 -2005 At 12 :47 pm. (V ENCROACHMNT 22.00 400 CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Pulte Homes of Indiana, 11590 North Meridian Street, Suite 150, Hamilton County, Indiana 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNES SETH: WHEREAS, Owner owns in fee simple Lot Number 122 "Lot with a common address of 5924 Osage Drive, 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 3, Slide 452 as Instrument #200400076921 in the Office of the Hamilton County Recorder on November 10, 2004 as Cherry Creek Estates, Section 2; and l WHEREAS, Owner wishes to construct a residential driveway (the "Driveway on the Real Estate; and WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Driveway on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Driveway will be constructed on a portion of the Lot designated as a Drainage, Utility Sewer Easement (the "Easement identified as "10' D.U. S.E." on Exhibit B; WHEREAS, the Easement is beneficial to the City and its residents; and [eb:msword z:\ shared\ dhill\ consenttoencroach \pultecherk2Iot 122consent.doc: 1 /4/051 1 WHEREAS, as indicated on the Sketch, the Driveway will encroach (the "Encroachment upon the Easement, which Encroachment is crosshatched on the Sketch; 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 installation of the Driveway as proposed 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 (ii) Owner complies with the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Driveway and/or the Encroachment from what are depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion of the Driveway 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 any or all of the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation [eb:mswordz\shared\&III consenttoencroach\ pultechcr k2lot 122consentdoc: 1/4/05] 2 to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Driveway 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 and /or damage to any property or improvements, located on the Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or related to the Driveway or the Encroachment in 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 any or all of the Easement and /or any improvements located therein caused by the installation, construction, maintenance or operation of the Driveway. 7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding on any entity to which Owner may transfer its responsibility for the Driveway. 8. Owner agrees that the placement of the Driveway in the Easement shall be at Owner's cost, expense and risk and that, if City, in its sole discretion, performs any work in the Easement, including, but not limited to, install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, that causes damage to the Driveway, or any part thereof, any and all repairs to same shall be the sole responsibility of the Owner and that, under no circumstances shall the City be responsible for any costs of relocation and /or repair of the Driveway. [eb:nttword.z:\ Sharedt dint! consenttoencroach \pultechcdQlot 122consent.doc: 1 /4/05] 3 9. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from 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 cost and expense. 10. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 11. The persons 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. 12. This Agreement shall be effective as of the date on which the last party hereto executes same. "OWNER" "CITY" PULTE HOMES OF INDIANA CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLI WORK D SAFETX t4";() a i David Compton, Vice President of Land Acquisition Ames Brainard Presi in leer SSN:. WI* 0 Date: Date: C" Mary A Burke, Member Date: S 7 Lori Watson, .er Date: c2A /D s-- ATTEStf: 40 Diana Cordray,I Clerk- Treasurer Date: 16 ms sord \documents and settings \jhutcherson \local settings \temporanv mtemet files \olk2b \pultechcrk2lot 122con4nt doc: 1/6/05] STATE OF INDIANA i SS: COUNTY OF C i 1{ca■ Before me, a Notary Public in and for said County and State, personally appeared DAVID COMPTON, VICE PRESIDENT OF LAND ACQUISITION OF PULTE HOMES OF INDIANA, 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 1O��1 day of 20S F p, NOTAI{ P.' ii C My Commission Expires: Printed Nr�1e My County of Residence: +1 1l0 t1 STATE OF INDIANA SS: COUNTY OF HAMILTON 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, ann y �e to se the Members of the City of Carmel Board of Public Works and Safety, and C 1 41 A lerk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this a day of /HA S 2. NO ARY PUBLIC My Commission Expires: p uJ /s .4 )20 7 Printed Name My County of Residence: Q/y/1 r Y This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. deb mserord c \documents and settings \jhutcherson\local settings \temporanv Internet files \oIk2b \pultechcrk2lot122con5nt doc 1/6/051 LEGAL DESCRIPTION Part of the Northwest and Southwest Quarters of Section 22, Township 18 North, Range 4 East, in Clay Township, Hamilton County, Indiana Lot #122 in the Cherry Creek Estates, Section 2 subdivision. Recorded in the Office of the Hamilton County Recorder on November 10, 2004 in Plat Cabinet 3, Slide 452 as Instrument #200400076921. EXHIBIT "A" S \DH ILL \FORMS \LECALDESCRIPTION I WINDSOR II ELEV 2C Gar. FFE 776.1 Note: RIGHT HAND Full Brick 1st Fir FFE 778.1 Contractor should verify site ft A FULL BSMT 9' Walls Bsmt FFE 768.4 specific information depicted =U. 4 f:'.' 3 CAR Side Entry Drive Slope 4.0% hereon with the approved 2' Fam Rm Ext, Wd Deck "A" construction plans for this development. I STM INLET 174.01 1 73.71 92.0 TC= 770.00 I1 QZQNI EDVA 15' D.E. J C'J @C:JIJsDD tJ II OO I 172.11 I t 51.3' LOT 122 l'� ±12,879 SF s PAD 775.5 PER PLAN o 5.16' u 74• 1 11 11\ o N17,3T b 14' I O a 172.51 O 758 1 DECK A 758! 1. 0 O 13.67' 2' R A M EXT 24 65' r O IO V- tt BSMT t l i WINDSOR 112C i T p Q (FULL BSMT) e �f 175.5! UMP 24.0' 1 j j 7 n PIT 34.' 747 3.5' ----t s THREE CAR 1 I GAR i S� 1 o m 1 �4 21.33' i r 32.8' i �wr a _1 L 25' B.L. c SAN MH 20' D. &U.E. 5 30.0' ORtv'cE I TC= 774.70 z 175.01 h a 92 .__.F �._�1 5• WALK I W 1 �jCr f APRON t r CURB W /SSD 4 r STM INLET 73.6 WATER LINE Garage Finish Floor L 10.0' 1 I TC= 773.48 2.5 feet above curb at center of drive. OSAGE DRIVE 50' RIW (30' BC -BC) 1XX,Xj Proposed Grade Drainage Flow SAN MH I SAN MH XX.X Existing Grade TC =779 J O J TC= 774.30 Note: SAN SEWER Conc Flatwork Sq. Ft ±1506 Minimum Front yard 25' Public Walk Sq Ft ±460 Minimum Side Yard 3' Minimum Aggregate 6' Sod Sq Yds ±356 Flood Hazard Note: (Between Houses) Seeding Sq Ft ±6089 Minimum Rear Yard N/A Lot Number 122 lies within Zone "X' per the scaled location on the Flood Insurance Rate Maps for Hamilton County, Indiana (Community Panel #18057CO227F, dated February Note: 19, 2003). The proposed construction grades depicted hereon are based upon Note: information, proposed grades and /or contours, taken from the approved construction plans prepared for this subdivision. Unless This drawing is based upon construction plans and /or record stated hereon, no information pertaining to but not limited to, drawings prepared by others and is not based upon a field survey. fluctuating water table elevations, soil types or conditions within the COOR Consulting Land Services, Corp. does not warrant the building area of said lot, has been provided or referenced on said correctness or integrity of this information. The contractor /owner plans. With the construction of a basement, it is recommended that should verify existing conditions prior to construction. Any varying the lowest floor elevation be constructed at least two (2) feet above field conditions or any discrepancy with the information contained any adjoining bodies of water unless a study of facts reveals hereon should be immediately reported to COOR Consulting Land otherwise. Should any ground water be witnessed during the Services, Corp.; failure to do so would result in the contractor /owners excavation of said structure, the lowest floor elevation should be assumption of (lability. EXHIBIT "B" raised at least two (2) feet above the ground water level and additional construction techniques should be incorporated to 1/ ENCROACHMENT alleviate future problems. ENE NV CHEEM PLOT PLAN 1 r [�55 ��/��f �0 Prepared For ry o INSTR. #200400051680 PC @ama l'a n g C Ognd 2Q 1 ©02 PC 3, SLIDE 452 P l c o G' p o T 2 o o rl It 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA LOT 122 .1:6. 0.66.40 (888) 593 -2667 (765) 345 -5943 FAX/I: (765) 345 -5692 5924 OSAGE DRIVE Pule Homes of Indiana DATE: 12/27/04 JOB 1/2003- 100.122 REVISIONS: 2 CARMEL, IN 46033