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HomeMy WebLinkAbout05040091-Legal AffidavitSTATE OF INDIANA ) ) SS: COUNTY OF MARION ) and after follows: 1. Exhibit Instrumen~ 9709715495 9709715495 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK '% 8 pm. On ]4v24-1997 At AFFID MISC 17.00 AFFIDAVIT Come now your Affiants, Patricia Oldham and Bobby L. Oldham, being duly sworn upon their oath, verily state as Attached hereto, made a part hereof and labelled "A" fs a copy of the Agreement, dated March 31, 1997, between the Oldhams and Rex A. Weiper Corporation, and approved by Charles W. Weinkauf, President of the Carmel Clay Board of Zoning Appeals and John R. Molitor, Attorney for the City of Carmel. 2. Pursuant to the attached Agreement, a variance was granted to your Affiants for the property located at 1218 Bentley Way, Carmel, Indiana 46032, which is legally described as follows: Lot Number 49 in Bentley Oaks, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded as Instrument No. 9115494, amended by Certificate of Correction recorded July 30, 1991, as Instrument No. 9119343 in the Office of the Recorder of hamilton County, Indiana. 3. The variance granted by the City of Carmel pursuant to the attached Agreement allows your Affiants to maintain their screened-in porch and encroach on the set-back line by 6.5 feet. Further, Affiants sayeth not. PAT~-I'C ~ OLDHAM BOBBY ~. ~LDHAM/ S~ATE OF ~D~ CO~ OF H~/~ )) SS: Before me, a Notary Public in and for said County and State, personally appeared PATRICIA OLDHAM and BOBBY L. OLDHAM, husband and wife, who acknowledged the execution of the foregoing Affidavit, and who, having been duly sworn under the penalties of perjury, stated that the facts and matters therein set forth are true and correct. Seal this ~ day of ~qCommzss~on Expires: Signatur% Notary Publi Printe~ Signature Notary Public My County of Residence: Prepared by Steven J. Glazier, Attorney at GARELICK, REISWERG & FISHMAN, 8888 Keystone Suite 800, Indianapolis, Indiana 46240, (317) Law, MANTEL, COHEN, Crossing Boulevard, 573-8888. This Agreement is made on ~/~ ,-~_, 1997, by and between Bobby L. Oldham, · · " ' ' ers" Carmel, Hamilton County, Indiana patricia Oldham and Rex A. Wetper Corporatton( petmon ), and Carmel Clay Board of Zoning Appeals and City of Carmel ["Respondents"), Carmel. Hamilton County, Indiana. A. The parties have agreed to resolve Petitioners' application for variance to reduce the rear yard set back requiremenl from 20 feet to 13.5 feet for property located at 12 l 8 Bentley Way, Carmel, Indiana. B. The parties desire to define their rights and obligations in this agreed settlement. IN CONSIDERATION for the total sum of Four Thousand Two Hundred Fifty Dollars [$4,250.00 ($3,250.00 of the total sum to be contributed and paid to the Legacy Fund / Carmel Dad's Club)], and for ottxer good and valuable consideration, Petitioners and Respondents agree as follows: I. ~. Respondents grant Petitioners a variance to encroach the rear yard set back requirement by 6,5 feet on the property located at 1218 Bentley Way, Carmel, Indiana. 2. ~ng Permi% Respondents grant Petitioners a building permit for the construction of a rear screened in porch to be attached re the residence located at 1218 Bentley Way, Carmel, Indiana. 3. ~. Petitioners shall dismiss their appeal of the Board of Zoning Appeals ruling on the variance request made by Petitioners. EXt{IBIT "A" 4. !~. This Agreement shall remain m full force and effect until all the purposes for which this agreement has been undertaken have been accomplished and completed or until termination by written agreement of the parties. 5. Law Governing Am'eeme~. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. 6. ~. No modification of this Agreement shall be binding or enforceable in any Corox unless in writing and signed by the parties to this Agreement. 7. Headinns. The headings in the paragraphs of this Agreement are for convenience only mad they shall not affect the interpretation of this Agreement. 8. ~Severabilitv. Each provision of this Agreement is separable from the whole. If any portion of the Agreement is determined invalid, the invalidity shall not ~mpair the remaining provisions of this Agreement. 9. B'nd-n A reeme t_. This Agreement shall benefit and bind each party, his successors, heirs and assigns. Signed and sealed at , Indiana on this day and year first written above with intent to be legally bound. PETITIONERS / Patricia Oldham ~ex A. Weiper, C¢~9~orat~on 2 Page Two Settlement Agreement RESPONDENTS By: Charles W. Weinkauf, Preside Carmel Clay Board of Zoning Appeals John R Mo~' , ~ litor ~ City of Carmel This instrument was prepared by E. Davis Coots, Coots, Henke & Wheeler, 255 East Carmel Drive, Carmel, Indiana 46032 H:kE DC\WEIP ER.AGR\857!