13440 Lost Creek - Kemp, TerryAPPROVED c
CONSENT TO ENCROACH
2010035893 ENCROACHME $28.00
08/06/2010 10:16:19A 9 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
IIII11111111► IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIiI 11111111111111111
APPClOV 3 AS TO FORM 8 11F_
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Terry Lee Kemp, 13440 Lost Creek Lane, Westfield, Hamilton County, Indiana 46074, ("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 41 ("Lot") in The Lakes at Towne Road Section 2
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 4, Slide Number 78
as Instrument Number 200600033361 in the Office of the Hamilton County Recorder on June 13, 2006, as
The Lakes at Towne Road, Section 2; and
WHEREAS, the current Owner wishes to install a fence on the Lot (the "Site Improvement and
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
1
E
OPT FROM
SALES DISCLOSURES
WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a
Drainage Easement, identified as "30 D.E." on Exhibit B, (the "Easement 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, the Lakes at Towne Road subdivision Homeowners' Association has approved the
Encroachment in a letter dated September 23, 2009, attached hereto as "Exhibit C" and incorporated
herein by this reference; 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 Easements.
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)
eb: mswoid :y.'shared\Ipicketttconsents to encioach\kemp ete (fencel.doc:2 5/I U]
the Encroachment exists; and
(ii) Owner complies with all of the terns and provisions of this Agreement.
2
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure
or otherwise change the Site hnprovement 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 utility
lines, sewer lines or drainage ditches located in the Easements, 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
Improvement, 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 Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Site
Improvement.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
[eb:nsword y.\shaied\IpicketI'consens to encroach \kemp cte (lence).doc:2
3
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 terns 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. Owner agrees not to alter the ground surface elevation within the limits of the easement at any
time.
13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on
the Lot or adjacent properties determined by the City to be resulting from the Encroachment.
deb.mswold:y'shaiedtIpickett consents to encroacl0kcmp Ole l fence hdoc: ?/5/10]
4
"OWNER"
TERRY L. KEMP
Signature
Date:
i'O
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"CITY"
ATTES
5
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
J es Brainard, Presiding Officer
N
Lori Watson, Member
Date:
D na Cordray, IAMCV lerk- Treasurer
ate: -71- %lj
STATE OF INDIANA
Vi�ii__ SS:
COUNTY OF rni 11 '1
Before me, a Notary Public in and for said County and State, personally appeared TERRY L.
KEMP, 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 day of 201
(A:dC— aLIA
NOTARY PUBLIC
My Commission Expires:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE y me known and, by me know tp the
Members of the City of Carmel Board of Public Works and Safety, and ♦ri >�erk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing. "Consent To
r'
Encroach" on behalf of the City of Carmel, Indiana.
ik
Witness my hand and Notarial Seal this q day of
My Commission Expires:
Indiana 46032.
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Printed Name
My County of Residence: 1\--.( fl
NOTARY PUBLIC
C
an n
Printed Name
My County of Residence:
6
idt;j
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
I affirm, under the penalties for perjury, that 1 ha taken reasonable care to redact each Social Security
Number in this document, unless required by la 412/et?)
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Northeast Quarter of
Section 29, Township 18 North, Range 3 East, Hamilton
County, Indiana
Lot #41 in The Lakes at Towne Road section 2 subdivision.
Recorded in the Office of the Hamilton County Recorder on
June 13, 2006 in Plat Cabinet 4, Slide Number 78, as
Instrument #200600033361.
EXHIBIT "A"
v7 0•:03p
PLOT PLAN"
DRAWING NOTTO BE SCALED DI1EIS10HS PREVALEKI
PROPOSED FINISHED FLOOR ELEVATION HOUSE 913.6
PROPOSED FINISHED FLOOR ELEVATION GARAGE 912.4
PROPOSED FINISHED FLOOR ELEVATION BASEMENT 904.1
000.0 PRECONSTRUCIION GRADE
[o .o
DRNG. FLOW
SOD: 395 Sq. Yds.
Hydreseed Area: 4.956± Sq. Ft.
HOUSE WALK 269 Sq. Ft.
DRIVE/APRON 1,445 Sq. Ft.
CITY WALK 395 Sq. Ft.
PATIO /STOOP 120 Sq Fr..
SERVICE DOOR STOOP 0 Sq. Yds.
NOTE:
VERIFY SANITARY LATERAL LOCATION
PRIOR TO DRIVE CONSTRUCTION.
Scale: 30
Job No. 07 -0027
Date: 10 -24-07
Drawn By SAR
PROPOSED GRADE
2
G r
CAUTION
INSTALL SANITARY WATER
LATERALS PRIOR TO EXTERIOR
CONCRETE CONSTRUCTION.
NOTE:
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TO VERIFY THE N[.6aCty1 LOGt90N3.THE
RAGMEN VOTER Pn3113E 1r5t77RL9,13aVATIONS Arm ALL
tloBQnRm MUSSES (HOLEY MAZY I 4oc -3CAU1 molt To
T1LSrAITc* CVKTWRIXTION. THEL' r eED USE OF rteS PLCTPLAN
IS FOa 3rCUa010 ttzDo1O return ONLY AND SSW. NOT BE
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NOTE:
All homes have a brick ledge on the front of the borne. However, note.
although the brick ledge will be there, it dots nor represcv that brick will be
automatically installed. Ones hatch lines vow show brick ledge. Again. Dole brick
only goes where arrow, <bow brick.
The Greets Sheet however will have arrows co sbow exactly where and if brick is to
be installed. Plot plan dimensions bowever do show brick ledge dimensions. Pay
close attention to where brick is to be installed It's etc responsibility of all contactors
to note ibex items and insnll comedy.
Lakes (a) Towne Road
SE(TioNT' o
HAMILTON COUNTY. INDIANA
1
34o0 LOST (1t IJC LANE
%t+ ni np• 10' NI in l 20 8)' RLw
Model BRECKENRIDGE
Elerabots "A
100% Pall Front Britt Ledge (Sec Sales Brochure)
stone Pet Plan
No Extensions
F eeptace W/ O.G
Front Porch Wish Footings
Basement Option If 2
13500
T.
£XH /SO no
LOT 41
910.2
X910.4
SA -I.0 709
1 1 T.C.: 90066
1
tv: e9877
p.7
Caer
0
/1 -7 —ao
30' 0 15' 30'
Copyright 2007
Paul Shoapman Home Building Ototrp, Inc.,
Indianapolis, IN LISA- NOTE GRAPHIC SCALE IN FEET
Rights Reserved 'THIS DRAWING IS NOT INTENDED TOBEREPRESENTED
AS 4 REIRACEMENT OR ORIGINAL BOUNDARY SURVEY,
A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT.
sa>r
eS17 1.0 LO LO AoN
Sep 23 09 02:17p SKJODT
)ETT PROPERTY GROUP
September 23, 3009 (via US Mail and fax)
317 571 -2439
Mr. Terry Kemp
Cc: Ms. Libby Pickett
Cc: Mr. Gary Duncan
Ref: The Lakes at Towne Road, Lot 41
317 -802 -9226 p.1
Please be advised that the Homeowners Association and the developer have approved your request to
install an ornamental fence on the property at 13440 Lost Creek Lane, Westfield, IN 46074. Thank you
for following the required procedures. We appreciate your eagerness to follow the guidelines of
Covenants and Restrictions (sect 4.2) set forth by the homeowners association.
As you are aware, we hope that the City of Carmel, Department of Engineering, will also approve the
drainage and landscape encroachment that might be applicable during your installation. We encourage
you to work with Libby Pickett and Gary Duncan to obtain the proper variances for you to erect your
new wrought iron (steel, aluminum, metal) fence to enhance the curb appeal and value of your new
home.
Please let me know if there's anything else I can be of assistance with, it's been a pleasure doing
business with you. Thanks again!
Sincerely,
me a E acoldcaAt
Fonda E. Crandall
HOA Manager
EXHIB/ T "G
Paulskjodt, •caner
Towne Road Properties LLC
1202 E. 38th St Indianapolis, IN 46205 T: (317) 802 -9220 F: (3 17) 802 -9226