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HomeMy WebLinkAbout5495 Grandin Hall Circle S - Ginn, Sandra/Donnie2015021981 ENCR $27.00 05/08/2015 02:47:22PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111111111111111111111111111111111111111111111111111111111111111111 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Donnie H. Ginn Jr. and Sandra D. Ginn, 5495 Grandin Hall Circle S., Carmel, Hamilton County, Indiana 46033, (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 25 ( "Lot ") in Grandin Hall, Section 1 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 38, Instrument No. 200600012666 in the Office of the Hamilton County Recorder on March 7, 2006, as Grandin Hall, Section 1 (the "Plat "); and WHEREAS, the current Owner wishes to install a patio 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." 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 M LO1S ; 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. 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. 8. 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" Signature Date: SAND D. GINN Signature D ate: V/Z , ,- Date: STATE OF INDIANA ) ) SS: COUNTY OF H Qrr k +on ) 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 DONNIE H. GINN JR. and SANDRA D. GINN, 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 24 day of Ape, My Commission Expires: 0 0_1 2Ot(p , 2015. kc 1 -,-y.-N 0. L u cs Printed Name My County of Residence: H t-on "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: James + Brainard, Presiding Officer Date: ember Mary Ann Bu Date: Lori Watso Date: ATTEST: D na Cordray, IAM ' Clerk- Treasurer Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON Sandra 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 LORII WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and a \ ; c e_ Ll Safety, and DIANA- L— C- ORDRAY, 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. . 20 j Witness my hand and Notarial Seal this (� Rd-ay of ►-v� , �- My Commission Expires: NOTARY PUBLIC C ~. r\ a 3\ 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 25 IN THE GRANDIN HALL SUBDIVISION SECTION 1 RECORDED IN THE OFFICE OF THE RECORDER ON MARCH 7, 2006 IN PLAT CABINET #4, SLIDE 38, AS INSTRUMENT #200600012666 EXHIBIT B GRANDIN HALL P.C. 4, SLIDE 38 LOT #25 — SECTION 1 CITY OF CARMEL, INDIANA 5495 GRANDIN HALL CIRCLE LOT SIZE 17,936 SQ.FT. CONC. DRIVEWAY: 1.2531 SQ.FT. PUBLIC WALK: 3701 SQ.FT. PRIVATE WALK: 1831 SQ.FT. SEEDING: 8.5271 S.F. S00: 5111 SQ.YD. 0 PLOT PLAN PREPARED FOR ESTRIDGE FRONT DETAIL OF TYPICAL STORM WATER FLOW PATTERN FOR DCR10UAL LOTS NOTE BUILDER TO ENSURE P057TIVE DRAINAGE AWAY PROM STRUCTURE(S) 174.81' GRADE FLOVA.INE, AS PER PLANS TYPICAL SWALE SECTION WE - DRIVE ENTRY TO CONFORM MATH CITY OF CARMEL STD. — THE LOCATIONS. DIMENSIONS, AND VADTH ALONG TTL PROPOSED PUBLIC SD WALK MERE SCALED OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS PREPARED BY OTHERS OR AS PROMDED. MERSEY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION IT SHALL BE THE RESPOHSIBIUTY OF THE BUILDER /CONTRACTOR TO VERIFY THE �ALDNG 0WENSONS, ERALDING LOCATIONS, OF OTHER PERTINENT FEATURES AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. IRE INTENDED USE OF THIS PLOT PLAN I5 FOR SECURING BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTTER PURPOSE. 1000.0 LEGEND — PROPOSED GRADE 000.0 — EXISTING GRADE ❑ CORNERS ACTUAL ❑ STAKE BIG SOX 0'x10' FINAL Cte106D BY: DATE True Nrfh 5urveyinq, LLC TOWING YOU D: TIM RIGIRT DIRECTION' LAND SLRVEYPiG LAND DEV1313114ETR CONSULTING ROSS WINDUAM LAX LIME INDIANAPOLIS, INDIANA 94214 PHONE (317)-2904290 FAX 1317}2904293 DRAN: TAT JC8f 07 -482 DATE 11/14/07 REV: ZONED: S1 (MODIFIED) ZONING: 6' BETWEEN' 20' REAR F.F.E HSE: 801.3' F.F.E. GAR: 800.4' F.F.E. BS/XT: 791.3' April 28, 2015 IL+JLU ©o © On©©. n ®n` 1 1 n CITY OF 'ARMEL JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 5495 GRANDIN HALL CIRCLE S — PATIO IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by property owners Mr. & Mrs. Donnie & Sandra Ginn, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the May 6, 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\ 5495GRANDINHALLCIRCLEENCROACHMENT .DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.goe April 28, 2015 IUUI±1 0 0 0 ULUUI. 0 6DO In CITY OF ARMEL JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (PATIO IN EASEMENT) - 5495 GRANDIN HALL CIRCLE 5, CARMEL INDIANA 46033 Dear Board Members: Mr. & Mrs. Donnie H. Ginn Jr. & Sandra D. Ginn, owners of the property with the common address of 5495 Grandin Hall Circle S, (Lot 25, Grandin Hall Section 1) have requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for installation of a patio in a portion of the lot designated as an drainage, utility, and sewer easement. It is not expected that the new patio 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. Petitioners enter into a Consent -to- Encroach Agreement with the City and record the Agreement. 2. Petitioners (and successors and assigns) agree to remedy (including removal of the patio and /or relocating the patio from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Petitioners must provide written proof to the City of approval of the improvement in the easement by the HOA (if such approval is required by the restrictive covenants of the development). Sincerely, Jeremy Kashman, P.E. City Engineer S:\ BPW15\ 5495GRANDINHALLCIRREQUESTFORVARIANCEPATIO .DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov EXHIBIT B GRANDIN HALL, P.C. 4. SLIDE 33 LOT #25 — SECTION 1 CITY OF CARMEL, INDIANA 5495 GRANDIN HALL CIRCLE LOT SIZE: 17,936 SQ.FT. CONC. DRIVEWAY: 1,253± SQ.FT. PUBUC WALK: 370± SQ.FT. PRIVATE WALK 183± SQ.FT. SEEDING: 8,527± S.F. SOD: 511± SQ.YD. O II PLOT PLAN PREPARED FOR ESTRIDGE FRONT DETAIL OF TYPICAL STORY WATER FLOW PATTERN FOR INTRI DUAL LOTS NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROP S1RUC1URE(5) 174.81' TYPICAL SWALE SECTION NOTE: — DRIVE ENTRY TO CONFOIBS 111111 O1Y OF CAR D. STD. — THE LOCATIONS, DIMENSIONS. C14S, AND WIDTH ALCf1S THE PROPOSED PUBLIC SOEIYALX WERE SCALED OR TAKEN FROM ENGINEER/4C CONS1RUCi10N PLANS PREPARED BY OTHERS OR AS PROVIDED. VERifY SANITARY IATDRAL LOCATION PRIOR 10 CONSTRUCTION IT S21AIJ. E£ 1245 RESPONSBEUTY OF THE AFL➢ R /CONTRACTOR 10 VERIFY 1T+E BIA1.03/0 DS*NSONS EPSILONS LOCATIONS, 1j15 LOCATION OF OTHER PERTIND4T FEATURES ALR7 ELEVATIONS PRIOR 1D THE START OF CONSTRUCTION. DIE INTENDED USE OF TIES PLOT PLAN I5 FOR SECURING Bl21LDRIG PERWIS ONLY AND SHALL N07 BE USED FOR ANY OTHER PURPOSE. r WsTE ., �/L i S' No. °* * ILS203000261 * _ STATE OF _ (911Uc /0IIAN\PI.�,' ' 1000.01 LEGEND — PROPOSED GRADE 000.0 — EXISTING GRADE ❑ CCRNERS ACTUAL ❑ STARE BIG Box 5.'5icl O' FINAL ChEQIED BY: DATE True Nlrtli 5urveyinq, 1—LC 100mNO YOU M TUE 106117 DIRECTION' LAND SLAV1:l'ING A IANT DEV 1EMEER OTAZITTNG SUSS WINOHAM LAKE DRIVE INDIANAPOLIS, INDIANA 46214 PHONE 1117)-2504 190 FAX DR AN: TAT JCBD 07 -462 DATE 11/14/07 REV_ ZONED: Si (MODIFIED) ZONING: 6' BETWEEN 20' REAR F.F.E_ HSE: 801.3' F.F.E. GAR: 800.4' F.F.E. BSM'T: 791.3'