Loading...
HomeMy WebLinkAboutCorrespondence BEN H. LOGAN ATTORNEY AT LAW 542 NORTH MERIDIAN STREET INDIANAPOLIS. INDIANA 46206 Mr. Homer Gradle Building Commissioner Carmel, Indiana 46032 Dear Mr. Gradle: You will recall our conversation and meeting on Friday, May 22, 1970 regarding my problem which has been going on for some time with my house and lot in Woodland Springs at Section 4, Lot 183. I told you that I would outline briefly the history of this situation. The following supplements my letter of May 19, 1970 to Keystone Square Corp. On April 14, 1969 I signed a proposition with Hughey Con- struction Co. with the work to be completed by June 15, 1969. At that time the house was well underway. We moved into the house on approximately June 16, 1969 prepared to sign the closing, but the bank refused to go ahead with the loan commitment until the drainage problem in the back- yard had been cleared up. Hughey Construction Co. and I closed the house on September 8, 1969. I showed you some pictures of the water in my backyard when I first moved in. The water occupied a good part of my backyard and remained there. It caused all kinds of discomfort and, of course, washed out the lawn which had been put in by my builder. At some point prior to my closing, Keystone Square Corp. put in a drain in the gen- eral area between my Lot 183 and Lot 184. You and I found out that this is not even provided in the plat as an easement. Keystone Square Corp. has never shown any boundary marks, and I am not of the boundary, but it is my opinion that it is entirely on my property and in no way represents an easement. Keystone Square Corp. at no timme consulted me or showed me their plans prior to building this. 4 G; f/ /9„,,, 'ice 2 O f Page 1 of 3 Pages x 4 71 0 A '��7i,� C `9r 7` "a e oi d nrPf Ins BEN H. LOGAN ATTORNEY AT LAW 542 NORTH MERIDIAN STREET INDIANAPOLIS, INDIANA 46206 Mr. Homer Gradle Page 2 of 3 Pages May 24, 1970 I showed you some pictures of the water deposited on my property following the last rain. In the meantime, Keystone Square has built many houses in this area, has never answered my correspondence, and in my opinion, Mr. Wilfong of that company takes the view that it is up to him to do what he wants and if he destroys the property of lots already sold, that is too bad. I wish I had never heard of this development. Their ir- responsibility and negligence has made life miserable for my family. We like to have our house and yard looking nice, and when one has to put up with this type of thing, it seems to me that it does not meet the proper and normal responsibility of a developer in our fine city. He is now forcing me to take legal action which I do not desire to do. It is also expensive even for an attorney. You impressed me as a public official who wanted to help people, and any help you can give me will be most appre- ciated. In addition, Mr. Gradle, I would like to do my part in preventing this from happening to others in the future. Will you let me know the next time any hearings come before the Planning Board for approval of future developments by Keystone Square Corp. I also want to pre sent the facts of my present case before your Board. You have my permission to show them any and all correspondence. You also have my permission to show this letter and to tell Mr. Wilfong of any and all conversations which we have had. If you want me to show them my file and photos, let me know. I am still willing to do anything to aid iri this problem, even to the point of dedication of an easement between my property and Lot 184, but I want this done in a proper and legal manner and to be constructed so it will work. Ni\\ BEN H. LOGAN ATTORNEY AT LAW 542 NORTH MERIDIAN STREET INDIANAPOLIS. INDIANA 46206 Mr. Homer Gradle Page 3 of 3 Pages May 24, 1970 The records indicate that United Bonding of Indianapolis is surety in the amount of $18,000 for sanitary and storm sewers for Section 4 of Woodland Springs. This is Docket No. 10 -68P, Section 4, Woodland Springs. I would appreciate your making record of this claim against Keystone Square Corp. and not release this bond until my claim has been satisfied and Keystone Corp. has cleared up the problem. Thanks very much for your fine cooperation and help. Sincerely, Ben H. Logan hl c-....,- r S42 N. MERIDIAN ST. INDIANAPOLIS, INDIANA PHONE: 639-2481 BEN H. LOGAN CLAIMS COUNSEL 11400 Lakeshore Drive East Carmel, Indiana 46032 May 19, 1970 AMERICAN STATES INSURANCE COMPANY Otr=r11= nayslunns INDIANAPOLIS, INDIANA Keystone uare Company 3204 E. 116Lh ::Areet Carmel, Indiana 46072 Gentlemen The content of this letter concerns your development of the Fourth 3ect7i.on. 6f i400d1and. flurinFs, and in particular the area affectinr; the drainage no my Lot T.:o. 18. i bare not had a reply to my letter of April 7, 1070, and '-1 1 the mean- time additional dalmage has been caused to my Property. Purther 1 ir observed new building: started on Lus 71( Ind. 187 sealinF off to tne 'torte the one remaining natnraL ayenue or escape of tile surface water which acc as a result of your nirading and i:eneral development of this area. The buiTdin and grading on Lot ]JO has apparently sealed off the egress of natural water flow Lo the .iorth. There appears to he an. easement line to the rear of Lots tc4, 183, 182, 7±1_ and. 1 and alona t71P forth boundary of Lot 184. You have rot pro- vided an adequate and pem]lanent water sewer system to oCfscq your re- directing' thls natural water flow nor have you profferred any plans to brild a penf)anent type easement storm sewer system in the future even though you have already had ample notice of the need for such. instead yen permit :tcrIlaFe to contini7e tc:, exlstlnrr property owners. Perhaps all of the above could_ be restated. Your development ranhs and the construetion to Jae have resulted in a man-inade re8ervoir, claming in smrface water, a reat part ef uhich lies on my property. This hns caused and continues Lo cause serious dmages, the Tewerinn: of the value of my property the preyention of its normal use and enjyrnent, and affording lle possiti e bure overflow of water to the etent of drimag,e to the duelling itself. All of the above, with your apparent lack of concern, calls for immediate action in my defense. 160F eS Ip I I ig 4ke< 4- /k .g (8 il (1) of 2 Pages Oft k 7 9> CO Of, 0 w 'et N 0 S 11 Keystone Mluare Co. 1Thy 19, 1970 Page 2 In view of the above, this is to serve as Taal notice to you and. any builders who have joined with you in the re-directing and sealing off of sarfo( waters, of my legal claimf.;, present and futtire. This serves as direct no lice to you and the persons or corporations engaged. in building on Lots 120, 186, 187 ard 190 and any other persons or cor- porations engaged in building or grading or otherwise affecting drainage flow onto my property. This also serves as notice to yoni and any such builders or developers in the future on Lot 189 or any lot affecting this drainage. This is also constructive notice to any purchaser of value now or in the fature. If you or a;ny of these builders sell to private persons without notice to them of such conditions as well as my legal claim, you do so at your oun risk. and with full understanding of indemnification to such purcha,sers. 1 there Pre builders or purchasers unknown to me 'nut known to you, this is to serve as the same legal notice to you and these persons. As an additionnl defense to your willful and alarming actions, T and filing an action at law and in equity, 1 regret your forcing me to take such defensive action, but your failure to even reply to my complaints the long standing exisicnce Of this problem an1 your recent expanding of the condiiion and problem, leads me to believe you have no interest In any solution short of litigation and legal judgment. Very truly yours, Pen H. Logan BITL:h 4f.4 '4?)!f f% 4 '49 et q 0 414 v-• i oval. 43 i I STATE- v"fN 1 i I M t:;:,:r.:,e's_ ■Nc.). 1 INDIANAPOLIS. '‘...,Agiavtifi STATE BOARD OF HEALTH Indiana State Board of Health 1 i.. 1330 West Michigan Street 1 i Indianapolis, Indiana 46206 f i May 22 1969 1 Naystene :'''..cluare Company 1 1. Rural Route 1, Box 596 Carmel, Indiana 1 i i Rot Approval of "Plans and Specifications for .13enitary Seuera, ilth and 5th 'Laotians, Woodland$prings, 4ami1ton County (Camel) 1 i t 1 1 You are hereby notified that the :Ante 'Beath comiesioner of the 5tate of Indiana has this 22nd day of Vay, 1969, approved the plans 1 and spacifications for the construction of subject sewers* 1 i It is proposed to install approximately 8,9&& feet of 3- throush i 12-inch diameter sewers to VerVe approximately Loa lots south of 116th Street and east of "iiaveratick Road, aischergo is to an c4isting 12-inch diameter i sawr in 2averstick Road roxtmatoly 1,500 feet south of Brian flaceo L This approval i3 issued its the c the Towi of Carml are s to tho proposed sewer connection, will provide the inspeotior.:= for I the installation of the sewers and infiltration tests' and 'will provide thei maintenance for this ,sower systems i t rlans and spacifications were prep...lred by the AotoortSehersobol 1 CmTpany certified by Robert 3oboraoho1, L. S., and sutted for approval i on June 14, 1968. This approval was delayed pondiag start of construction on Phase II of the Carzal-Cliv wastewater treatrient project*, This approval ahall be void if construction is not bee= before 1 jimo 1 19700 I 6inearely, 1 i c i elk 1 i A. C. C...,inT, f'. II, .ir: 1 3TATZ LT8 Ci."."..MISSIOgaa 01 9 1 AT:Travel No. "1791 co: wa of am INDIhN.1 mm BOARD CV Ton Bord Crel 47 Robert Scherschel II flamilton County Health 1:epart=ent o e" cP v I' lir. Mester H. Carib= 6 9 1 i 1 L!