13968 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
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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
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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.
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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
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"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).
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"CITY"
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CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
James Brainard, Presiding Officer
ate:
Mary A
Date:
Lori
Date:
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ATTES
iana Cordray, LA ;',Clerk- Treasurer
Date:
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C-aermJ 0 3
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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
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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
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RTER HORSE
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13968 WARIER HORSE .COURT
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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