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HomeMy WebLinkAbout4513 Repass - David Weekley HomesCONSENT TO ENCROACH 2015007291 ENCR $27.00 02/23/2015 03:23:52PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111111111111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Weekley Homes of Indiana, Inc., 1111 North Post Oak Road, Houston, Texas 77055, (individually and collectively, "Owner "), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ( "City "). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 26 ( "Lot ") in BelleWood 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 670, Instrument No. 200500044405 in the Office of the Hamilton County Recorder on July 18, 2005, as BelleWood Subdivision (the "Plat "); and WHEREAS, the current Owner wishes to install a driveway 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 WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer Easement, identified as "15' D.U. & S.E." and "25' D.U. & S.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, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel City Code Section 6- 227(4) on Febnn'd,r1 % , 7-01 S ; and -c1 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Weekley Homes of Indiana, Inc., 1111 North Post Oak Road, Houston, Texas 77055, (individually and collectively, "Owner "), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ( "City "). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 26 ( "Lot ") in BelleWood 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 670, Instrument No. 200500044405 in the Office of the Hamilton County Recorder on July 18, 2005, as BelleWood Subdivision (the "Plat "); and WHEREAS, the current Owner wishes to install a driveway 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 WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer Easement, identified as "15' D.U. & S.E." and "25' D.U. & S.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, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel City Code Section 6- 227(4) on FCbrwar1 `S , 7-01 S ; and TS "1 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. 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 utility lines, sewer lines 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 Improvement, the Lot, or to Owner. 5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as provided in this instrument, regards the City's Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such property interests are also located within the Easement. 6. 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 12 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. 7. Owner agrees to reimburse City for any and all costs and 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 Improvement. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and 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. 9. 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. 10. 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. 11. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 12. 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. 13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 14. 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. "OWNER" A JESSE MCKINNEY, Representative We y Hom of Indiana, Inc. /6' Sign Dat STATE OF INDIANA ) ) SS: COUNTY OF N0.'^^' (4o' Kathryn 0 Lustig Notary Public Seal State of Indiana Hamilton County My Commission Expires 08/21/2016 Before me, a Notary Public in and for said County and State, personally appeared JESSE MCKINNEY of Weekley Homes of Indiana, 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 G16 day of Fucu\( , 20 15. NOTARY PUBLIC My Commission Expires: Ka +hr-y•, Lustig 0211 2_ i (2v t to Printed Name My County of Residence: N cry, l fir, "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY f a BY: �y ' mes Brainard, Presiding Officer ate: M ry Date: Lori Watso , ember Date: I` ATTEST: STATE OF INDIANA ) SS: COUNTY OF HAMILTON andra M Johnson Deputy Clerk For Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Sandte�,tlnnsan Dcpu,-k.( Safety, and LL'�T4rn SORI') Clerk-Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. Q Witness my hand and Notarial Seal this' 0 day of Lf , 2015 . e My Commissiop /xp / 7 fic NOTARY PUBLIC C 6L If) • Printed Name ' My County of Residence: ...... This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 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. Douglas C. Haney, Esquire EXHIBIT A LOT 26 IN THE BELLEWOOD SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JULY 18, 2005 IN P.C. #3, SLIDE 670 AS INSTRUMENT #200500044405 EXHIBIT B BELLEWOOD P.C. 3 — SLIDE 670 LOT #26 - SECTION 1 CITY OF CARMEL, INDIANA 4513 REPASS DRIVE 0 M EXHIBIT PREPARED FOR DAVID WEEKLEY HOMES 4'SW 100.00' 5'sw SANITARY SEWER 25' D.U. & S.E. 25' B.S.L —J Is 8.51 0 d (0 PROPOSED RESIDENCE F.F. = 900.5' GAR.= 899.2' BSM'T= 890.5' 8. 6 O 20' D.& U.E. PORCH PORCH 1 LOT #26 16,000 S.F. O 0 0 co GRADE FLOWLINE/ AS PER PLANS TYPICAL SWALE SECTION ``� `O 11..111111 - // / /`GN0010612. * 'LS2036; * E S STAT 0 SUIR; �`�```��. NOTE: [1395.01 100.00' DRIVE ENTRY TO CONFORM WITH CITY OF CARMEL STANDARDS THE LOCATIONS, DIMENSIONS. AND WIDTH ALONG THE PROPOSED PUBUC SIDEWALK WERE SCALED OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS PREPARED BY OTHERS OR AS PROVIDED. VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION IT SHALL BE THE RESPONSIBILITY OF THE BUILDER /CONTRACTOR TO VERIFY THE BUILDING DIMENSIONS, BUILDING LOCATIONS, THE LOCATION OF OTHER PERTINENT FEATURES AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THE INTENDED USE OF THIS PLOT PLAN IS FOR SECURING BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTHER PURPOSE. Io00.0I — PROPOSED GRADE 000.0 — EXISTING GRADE FRONT DETAIL OF TYPICAL STORM WATER FLOW PATTERN FOR INDIVIDUAL LOTS NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM STRUCTURE(S) TRUE LAND DEVELOPMENT CONSULTING & LAND SURVEYING SERVICES �jp g 11650 Oho Road, Suite41000 -289 NORTHFishers, Incti 84 -8.037 Phone: (317)- sat -s7sa "I.OINTING YOU IN TIIE RIGHT DIRECTION" Fax: (317) -841 -0762 E -moil: Troy(JTrucnorzhindy.com DRWN: TAT JOB#: 15 -022 I DATE: 01/22/15 I SCALE: 1" = 30' REV.: ZONED: ZONING: SIDE F.F.E. HSE: 900.5' F.F.E. GAR: 899.2' F.F.E. BSM'T: 890.5' .1000 0 0 0. UU JI% oeno n00 CITY OF ARMEL CZ February 11, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 4513 REPASS DRIVE — DRIVEWAY IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by Jesse McKinney on behalf of property owner Weekley Homes of Indiana, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the February 18, 2015 BPW meeting. The Department of Engineering has reviewed and approved the encroachment document. Upon approval and signature by the Board members the document will be recorded with the Hamilton County Recorder's Office. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT S:\ BPW15\ 4513REPASSDRIVEENCROACHMENTDOCUMENT .DOC DFPAR'i TENT OF ENGINEERING ONE CIvlc SQUARE, CrVRNIEL, IN 46032 OFFIcl 317.5712441 FAx 317.571.2439 EMAIL engineering©c:innel.in.<gr>v February 11, 2015 .nnn U 0 0 0. L)+( JW, n 0 J i CITY OF CARMEL Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (DRIVEWAY IN EASEMENT) — 4513 REPASS DRIVE, CARMEL, IN 46074 Dear Board Members: Weekley Homes of Indiana, Inc., owner of the property with the common address of 4513 Repass Drive, (Lot 26, BelleWood Subdivision) has requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for installation of a driveway in portions of the lot designated as a 15' Drainage, Utility, and Sewer Easement and a 25' Drainage, Utility, and Sewer Easement. It is not expected that the installation of the driveway at the proposed location will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): 1. Petitioner enters into a Consent -to- Encroach Agreement with the City and records the Agreement. 2. Petitioner (and successors and assigns) agree to remedy (including removal of the driveway and /or relocating the driveway from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. Sincerely, Jeremy Kashman, P.E. City Engineer S:\ BPW15\ 4513REPASSDRREQUESTFORVARIANCEDRIVEWAY .DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OII IcF 317.571.2441 FAx 317.571.2439 E vIAri. enginccrint @cannel.in.g(nv EXHIBIT B BELLEWOOD P.C. 3 — SLIDE 670 LOT #26 — SECTION 1 CITY OF CARMEL, INDIANA 4513 REPASS DRIVE EXHIBIT PREPARED FOR DAVID WEEKLEY HOMES 4'SW 100.00' 0 5'sw SANITARY SEWER 25' D.U. & S.E. 25' B.S.L 1898.51 [898.51 PROPOSED RESIDENCE F.F. = 900.5' GAR.= 899.2' BSM'T= 890.5' 8.00' 2L 20' D.& U.E. PORCH PORCH LOT #26 16,000 S.F. O O GRADE FLOWLINE,. AS PER PLANS TYPICAL SWALE SECTION ``O� IllllI II�� �,,'''''' �G \STER . 1'1' No °' • Fl ILS20300026 * % STATE OF = 100.00' NOTE: — DRIVE ENTRY TO CONFORM WITH CITY OF CARMEL STANDARDS — THE LOCATIONS, DIMENSIONS. AND WIDTH ALONG THE PROPOSED PUBUC SIDEWALK WERE SCALED OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS PREPARED BY OTHERS OR AS PROVIDED. — VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION — IT SHALL BE THE RESPONSIBIUTY OF THE BUILDER /CONTRACTOR TO VERIFY THE BUILDING DIMENSIONS, BUILDING LOCATIONS, THE LOCATION OF OTHER PERTINENT FEATURES AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THE INTENDED USE OF THIS PLOT PLAN IS FOR SECURING BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTHER PURPOSE. 1000.01 — PROPOSED GRADE 000.0 — EXISTING GRADE FRONT DETAIL OF TYPICAL STORM WATER FLOW PATTERN FOR INDIVIDUAL LOTS NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM STRUCTURE(S) TRUE NORTH "POINTING YOU IN THE RIGHT DIRECTION' LAND DEVELOPMENT CONSULTING & LAND SURVEYING SERVICES 11650 Olio Road, Suile41000 -209 Fishers. Indiana 46037 Phone: (317)- 841 -8754 Fax: (317) -841 -8762 E -mail: Troy@Truenorchindy.com DRWN: TAT JOB®: 15 -022 I DATE: 01/22/15 I SCALE: 1" = 30' REV.: ZONED: ZONING: SIDE F.F.E. HSE: 900.5' F.F.E. GAR: 899.2' F.F.E. BSM'T: 890.5'