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HomeMy WebLinkAboutLetter #01 Jane Funke2022050650 AGRE $25.00 10/18/2022 11:53:49AM 5 PGS Jennifer Hayden Hamilton County Recorder IN LLP Cross Reference: Book 54, Pgws 248-251 Recorded as Presented Book 60, Pgs 137-141 II II II IIII I II II I II I I II II Instrument M 2021092930 Restrictive Covenant Between Asherwood Carmel LLC and the Funkes This "Restrictive Covenant Between Asherwood Carmel LLC and the Funkes" (the "Agreement-") entered into this — dav of October, 2022, by and between Asherwood Carmel LLC C'Asherwoodl and David W. Funke and Jane B. Funke (the"Funk-es") WHEREAS, Asherwood owns a part of the acreage described below which includes but is not limited to real property on the former Simon Estate at 10110 Ditch Road, Carmel, IN 46032, and the Secondary Plat of Asherwood (Doemuent No. 2021092931, Hamilton County Recorder); WHEREAS, Asherwood commenced litigation on June 4, 2021, entitled Asherwood Carmel LLC v. Todd E. Katz, et al., Cause No. 29DO5-2106-PL-03911 in the Hamilton County Sup eruse eourt (Asherwood Litigation�'); WHEREAS, any settlement of the Asherwood Litigation and any related agreements and covenants are separate and in addition to the covenants in this Agreement; WHEREAS, Asherwood and the Funkes all own properties that are also part of the following described real estate: All of the Southeast Quarter and the South Half of the Northeast Quarter of Section 9, Township 17 North, Range 3 East in Hamilton County, Indiana, containing in the aggregate Two Hundred Forty, (240) acres, more or les& hereinafter referred to as "the 240 Acres" and as depicted in the attached parcel map; WHEIFtEAS, on February 23,19,59, the owners of the 240 Acres entered into "Agreement Establishing Restrictive Covenants" which is recorded in Book 54, Pages 248-251 of the Hamilton County Recorder; WHEREAS, on Api-A 2, 1960, all of these owners of the 240 acres entered into "Agreement Amending Restrictive Covenants" which is recorded in Book 60, Pages 137-141 of the Hamilton County Recorder; 0 WHEREAS, the Simons purchased residences along Ditch Road and contiguous to the Funkes (the, Panhandle') for the expansion of their private golf course and 8 Funkes in -he con ent of the developed additional golf holes * the Panhandle with t and other nearby residents; •F F Vkk— 0 e f d. U on behalf owk,b-he!pupo d, on the one hand, fo its I an for a d of its successors and assigns, and the Funkes, on the. other hand, agree as follows 1. Asherwood shall continue to maintain and keep Mi good repalix the existing wrought iron like fence on the entire west and south property lines of the Panhandle, 2. Any other fencing added for the development of the Panhandle shall be wraught iron like to match fencing there now. No chain link fence shall be used. 3. The berms, mounds, and landscaping currently existing shall not be increased in height, and shall be kept and maintained in good repair. 4. The lawn between the west fencing and the berms of the Panhandle shall be kept cut and maintained to residential standards for the City of Carmel. 5. Asherwood shall engage in consistent and ongoing clean -Lip and maintenance of the Panhandle whether or not there is specific development, including mowing, weed control and the removal of scrub and volunteer trees on the perimeter of the Panhandle iii and along the existing fence line.. 6. Asherwood shall keep in place the drainage improvements installed and maintained as part of the development of the golf course in the Panhandle, including all existing drainage the systems, and will take all other measures required by existing drainage ordinances to prevent and minimize stormwater discharges and groundwater migration toward the Funkes and other Deerfield properties. 7a Asherwood shall comply with all other covenants relating to the Panhandle already in place and shall plat the Pan'handle such that any platted lot contiguous to the Funke property shall require a miniraum side setback of forty (4U) from the Fuukes' contiguous property line. 8. Asherwood shall assure and commit that Asherwoodshall.not use the entrance for the Asherwood subdivision at the east end of the current Royalton Drive, expected to be required as part of the platted development, for any use other than for customary emergency access, such as access by public safety vehicles and personnel, and Asherwood shall not voluntarily consent or agree to any other use for such entrance. the land to the benefit of 9. The above covenants are intended to run with the Funkes and any successor property owner and shall bind both Asherwood and any successor property owner, including lot owners of any platted subdivision. In the event of any violation or attempted violation of any of the covenants herein by Asherwood, or by their heirs, executors, transferees, devisees, grantees, successors- 9 i.. 'R R'ri!` event Of ti. violation tR.:f # -violation i any E i..` Ft'F=i herein the F ; w0 i.:f f t'.r 1 . ... heirs, my other party, or any other partyss heim executors, transferees, f �'ainqt sue ! if f in enforcement. ` recovery of all reasonable F . t : - Parties hereto IN WITNESS WHEMEOP, seals > f 3 • t/ r i F he E wr S WHEREOF, Grantor has Vaused this Agreement to be executedtEF • 1 By Jose L, Gad son -STATEOF FNDIAN�•. A• I�COUNw OF E,yappeared. and hT said County :. i. EFY. .. F o 14j,. f . '-t f *Agent of Asher" ..i, , .r f #:i. Camel who execution / i' f -R Eo Agent Ung for a and on behalf of Said Umited tt F t and who, hamg 1' been f therein COntalned are true and that he is authorized on belIalf Of Ls#. _ra} ijC=mejLLc document- it e: a3zd I o deal this11h day of October, 2022, Pdotary }(atherine E. ie oyner ^b'ui�WIndiana c, Mate of o=_ Hamilton County S Commission Number M 7IM4 _ y C©n� lission Expires L" o smber 4.2026 Katncrin`Jar Printed -game Nod .. Pub Uc Co=tyof ipdeeuce' D. 1615 Royalton Drive Carmel,'!F- STATE OF S: acknowledgedBefoxe me, a Notary Public in and for said County and State, Pe-rsOnTL'Y appeared David W. Funke, who of ,. foregoinge Covenant Between Asherwood and the #A Witnessmy hand and #tarial Seal thisday of October,. r r .., .9 „> 3• t. i{ B. i M=106NOINI 'SATE OF LD � 1 OX4 0- —.} S COUNTY OF PI ae ,t Before me, a Notary Public- in and for said County and State, persona-Ily y, y appeared Jane B. Funke, who acknowledged execution of the foregoing strictive covenant Between Asherwood Carmel LLG and the Funkes." Witness my hand and Notarial Seal this day of October, 2022. diq Printed Name Notary Public El El i k - Frederick D, Emhardt FJUFARDTIAWLLC 1905 South M" X2*019-k9po Suite 267 Carmel, IN 48032 M77MV-7 Men reasonable care to re each Social Security number in this document, unless required by law, [NOTM Must be recorded Ut the office of the recorder of each county in which a place of busine3s, or office is located. If there is no place of businew or office located in Iadicgnq� then it must be recorded with the recorderfor the county where the registered office is located. Corporations, limited liability companies, and limitedpartnersh-&-ps must also file a copy of the certificate with the Secretary of State If the entity is dissolved, Notice olDissolution should he filed in all places the Onliirate was filed4