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Home My WebLink About4964 Deer Ridge - Brechbuhl, Larry/Nancy t Trisfr 94',3558 CONSENT TO ENCROACH gecor 4 June 10 THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and entered into this I day of 71, fl 1 1996 by and between Larry R. and Nancy J. Brechbuhl, husband and wife, of Hamilton County, State of Indiana (hereafter, the "First Party and the City of Carmel, Hamilton County, Indiana by and through its Board of Public Works and Safety (hereinafter, the "City WITNESSETH: WHEREAS, First Party are owners of the real estate located in Hamilton County, State of Indiana, commonly known as 4964 Deer Ridge Drive North, Carmel, Indiana, located in Hamilton County, State of Indiana and being more particularly described as follows, to wit: Lot Number 11 in Valleybrook, Section One, an Addition to the City of Carmel, Hamilton County, Indiana, as per plat recorded in Plat Book 15, Pages 83 -86, thereof in the Office of the Recorder of Hamilton County, Indiana (hereinafter, the "Lot WHEREAS, located on the Lot are certain improvements, including but not limited to, a residence; WHEREAS, First Party wishes to construct, on the Lot, a pool surrounded by pavement, a retaining wall and other surface improvements (hereinafter, the proposed improvements are collectively referred to as the "Proposed Pool WHEREAS, First Party has presented a sketch depicting the locations of the residence and Proposed Pool, on the plat of the Lot, a copy of which is attached hereto and incorporated herein by reference as Exhibit A (hereinafter, the "Sketch WHEREAS, there is located on the Lot a forty (40) foot drainage and utility easement (hereinafter, "Easement which runs along the northern section of the Lot, and which Easement is crosshatched on the Sketch; WHEREAS, the Easement benefits the City; T WHEREAS, as is indicated on the Sketch, the Proposed Pool will encroach upon the Easement (hereinafter, the "Encroachment WHEREAS, First Party and City acknowledge the location of the Encroachment; and WHEREAS, 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. NOW, THEREFORE, that for and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties hereto now mutually promise, agree and covenant as follows, to -wit: 1. The foregoing preambles, recitations and definitions are made a part hereof as such are fully set forth herein. 2. The City hereby consents to the Encroachment for only so long as the Encroachment exists. 3. First Party hereby covenants and agrees not to extend or increase the Encroachment beyond that which is indicated on the Sketch. 4. First Party hereby agrees to indemnify and hold harmless City, its respective officers, officials, members, employees, invitees, licensees and agents from and against any and all loss, liability, claims, judgments, costs (including attorney fees and court costs), and damages, including bodily injury and death, occurring on the Lot and resulting directly or indirectly from City's acts within the Easement." 5. First Party hereby agrees to record this Agreement in the office of the Hamilton County Recorder and to provide to the City, copies of the Agreement bearing the recording information. IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on the date first above written. FIRST PARTY C TY e tirg-j Larry R. Brechbuhl Jam :rain. Mayor, Aer Nancy J. eBrechbuhl .1 .4 ember IlkAir /1 Billy��alker, Member ATTE =T: Diana L. Cordray, Clerk- Treasurer STATE OF INDIANA SS: COUNTY OF HAMILTON) Before me a Notary Public in and for said County and State personally appeared James Bf 11 i1QV4 the Mayor /Rest' di ntfOriterof the City of Carmel, Indiana, Board of Public Works Safety', acknowledged the execution of the foregoing Consent to Encroach on behalf of the City of Carmel, Indiana, Board of Public Works Safety. n Witnessth my hand and Notarial Seal this 17 day of Merl 1996. My Commission Expires: r ebv iary I, Z000 i ts 4 Notary Public My County of Residence is: th lK'1 1 Printed: T 1l /VI V t 1 z 40E1 CONSULTING ENGINEERS v8.)) •P —�0 106 ID LAND SURVEYORS 31 jCi;►{V 9910 AlllsomiOe Rd. P0. 8c. PO. Box 509001 Iodiaoapofs, IN 46250 CONTROL 16039 Le (311) 049.5935 1. 800 118 -6911 FAX (311) 849.5911 EXHIBIT A E660 ix ZO. 00 PG; 7 �A 800-5 45 BU /Gr Eoio w, �I� /03 9 44likeirokimiviiiiwi..; OP It 011 0' is. AIR I I 30" 3 E (0. 3 1 II k LOT SIZE: 20,82; ,i"J9.L Z, n q I /51 I-- N 40433' 1 FG. E[EV I fie' 9. 9. 5' EDZ, U _hi 1 309. "u I 7 N. 00 5 50 1 o t\ N Fo L`. >1 /T *-1 P LEGEND: EXISTING GRADE E 99.99 i 7 1 /0'vv O PROPOSED GRADE P 99.99 I I ALL UNDERGROUND SEWERS AND UTILIT O SHOWN ARE PLOTTED BY SCALE FROM Poa 3 ion DESIGN PLANS FURNISHED BY ENGINEER i p' UNLESS OT1€RWISE NOTED. THE ACTU; Uz,4 0 \5 EDZ5 i5 FIELD LOCATION MAY. VARY. ,P 1 5 3 -0' 5 33 roac OA r+ C JC 90'8. L. 1 02 i to I Eoo, o Ea). P$9. /,60, C.c FN 7 /b b. U E y ar-- re= 799. x .43 /6 (1i Li DEER RIDGE DRIVE NORTH 4's t„ LOT II VALLEYBROOK INST. ##8807891 PLAT BK. 15, PG. 83 -86 March 20, 1996 Mr. Tom Welsh, Director Department of Engineering 1 Civic Square Carmel, IN 46032 Mr. Welsh, I called your department on Friday, February 23 and spoke with Mr. Hill regarding an inground swimming pool that my husband and I would like to have built. We live in Valleybrook Subdivision at approximately 140th and Gray Road. There is an easement in our back yard that was primarily designed for water drainage. Unfortunately, the pool will encroach upon this easement. Attached please find letters from all of the utility companies that service our area for your review. They have all given their consent to construct the pool. You will note that Jones Intercable specified a 10' encroachment limit. This should not be a problem. I have also attached a potential sketch of the layout in our backyard. We have spoken with several well known pool builders and have yet to decide on who will actually construct the pool if we are granted the variance. We have lived in this house approximately three and one half years. The entire time we have lived in Valleybrook, there has been a drainage "problem" in the northwest corner of our property. There is a beehive in the northeast corner that serves several lots. It is our intention to "fix" the drainage problem at the time the pool is being dug. In our opinion either a second beehive in the northwest corner or drainage tiles in the swail should correct the "wet" spot in this corner. We will be glad to do whatever your department feels is necessary (if it is other than the additional beehive or drain tiles) to ensure that our pool does not disrupt the waterflow in our neighborhood. I also spoke to Mr. Hill about the necessity of writing our neighbors. He was not certain about this being a requirement, but we will comply with whatever additional steps that need to be taken in order to obtain your permission to build on a portion of the easement. Thank you for your consideration in this matter. Sincerely, Nancy Brechbuhl 4 964 Deer Ridge Drive North D22 3 g? Lot 11 3 Z Valleybrook �0 c' Home (317) 846 -2429 c.4). AR1 Work (317) 375 -6110 R�Gc �s G trots a se il l 41) 4QI