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Home My WebLink About13968 Quarter Horse Lane - Justus Homes2009023380 ENCROACHME $29.00 04/23/2009 09:23:27A 9 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH APPROVED GILD APPrtov:a AS TO FORM BY e THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Justus Homes, Incorporated, 1398 North Shadeland, Indianapolis, Indiana, 46219, "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City cb: msword :y:lsharcdtlpickcattornts`conunts to ocroach\justus hams ctc.doc:2/16 /091 WITNESSETH: WHEREAS, Owner owns in fee simple Lot 44 "Lot with a common address of 13968 Quarter Horse Court, Carmel, Hamilton County, Indiana 46032, in the Westwood 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 313, as Instrument Number 200300124222 in the Office of the Hamilton County Recorder on December 11, 2003, as Westwood Estates, Section 1; and WHEREAS, the current Owner wishes to install a deck on the Lot (the "Site Improvement and 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 so as to overhang a portion of the Lot designated as a Drainage Easement (the "Easement identified as '`10' D.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 (ii) Owner complies with all of the terms and provisions of this Agreement. mxeotd tsharcddpskctP foonsccorocnlc to cnrtc aclyustus home's etc dec 2:23. 2 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, 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 drainage piping or other drainage infrastructure, 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 Improvements, 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, arid 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 Improvements. 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and leb ms ,ord ahat.ddptdcfl •(onus cons is to encroachustus homes cte doc 2 23 u "I 3 "OWNER" Thomas L. Raymond, J.istus Homes, Iric. Date: 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 Owner acknowledges that this Agreement provides no relief from compliance with City Code §6 -222 (b) (11). eb: msword :y:VbetedJpiekettlfomskwnsents to encrooeMjustus hones ete.doc2J16 /09) "CITY" 4 CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer ate: Mary A Date: Lori Date: (eb:mswordyAsharcdJpickdt formskonsmis to encroach'ytutos hams de.doc2/1W09) ATTES iana Cordray, LA ;',Clerk- Treasurer Date: c 219-1-1Ain AY): C-aermJ 0 3 5 STATE OF INDIANA SS: COUNTY OF MARION Beforeme, a Notary Public in, and for said County and State; personally appeared THOMAS L: RAYMOND, JUSTUS HOMES, INC., 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 4th day of Marc i+ 20 09.;;= 1 C mo lF ��tv E. C My Commission Expires: r ti f' O Karen Saville "w F 7/26/2014 Printed Name STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared JAME§`'" BRAINARD, MARY ANN BURKE and LORI WATSON, by me kno and by_me.knorvrto "berth Members of the City of Carmel Board of Public Works and Safety, .and Cler Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the for c fore Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this -r!�L day of M. GVLlam My Commission Expires: //Q //7 [cb: uswordyAsharcddpickctt formstcwltrnts to eacroachljustus bomcs ctc.docWL6 /09] NOTARY PUBLIC My County of Residence: Shelby NOTARY PUBLIC C an c) Printed Name My County of Residence: I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney, Esquire, CityAttorney, One Civic Square, CarmelIndiana 46032. LEGAL DESCRIPTION Located in the Southwest Quarter of Section 21, Township 18 North, Range 3 East in Hamilton County, Indiana Lot #44 in the Westwood Estates section 1 subdivision. Recorded in the Office of the Hamilton County Recorder on December 11, 2003 in Plat Cabinet 3, Slide 313 as Instrument #200300124222. ]EXHIBIT "A" LOT 44 WESTWOOD ESTATES SECTION 1 (NST #200300124222 S:JDE #313 cIrRIIF1CATE OF CORREC11ON INST_' j�2200400013452 C£RT RCA1E OF CORRECTION RISE. #200400064412 6' MINIMUM SIDE YARD 10' MINIMUM AGGRE0ATE, 20' MINIMUM REAR YARD ►GS, AS WUT COMMON AREA B" I �Y eau' tr 1161004 WIDCV 17 ri i.lti.Y. ®9!0.00 g3f @ppaa zco t4. 13 17 06:8 Is r A 20' u.D r_ l9 T ru]t 8 RTER HORSE COUR f-0, 13968 WARIER HORSE .COURT EL IN 9- 164itLiNgE January 15, 2009 Mr. Mrs. Charles Whorwell 600 Lakeview Lane Cicero, IN 46034 Re: Request for Approval to Construct a Deck Lot #44, Westwood Estates Subdivision 13968 Quarter Horse Ct. Carmel, IN 46032 Dear Mr. Mrs. Whorwell: Please be advised that the Architectural Review Committee has approved your request to install a "Trex" deck with a built in hot tub on the rear of your home, currently under construction, on Lot #44 in Westwood Estates. Approval is subject to the deck being constructed in accordance with the drawings and specifications that you submitted and with the condition that the support posts for the deck will not be located within the established drainage easement. The deck may be cantilevered 2' past the post supports, as shown on the drawings, since that portion of the deck will not retard or impede the flow of drainage water as stipulated In Article III, Paragraph 3.7 of the Covenants, Conditions and Restrictions of Westwood Estates. Thank you for submitting your request. Sincerely, sk-- Walter E. Justus Westwood Estates Architectural Review Committee Quality Properties, Planned Built and Managed Since 1910 1398 North Shadeland P.O. Box 19409 Indianapolis, Indiana 46219 Phone (317) 353 -8311 FAX (317) 352 -1570