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HomeMy WebLinkAbout14013 Knightstown Drive West-Clark, Brian/LindsayCONSENT TO ENCROACH 2015024607 ENCR $27.00 05/22/2015 03:15:40PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented I VIII I 1 1111 I I III VIII VIII VIII VIII VIII VIII VIII VIII VIII 11111111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Brian J. Clark and Lindsay A. Clark, 14013 Knightstown Drive West, 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 46 ( "Lot ") in Meadows at the Legacy, Section 2 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 5, Slide 202, Instrument Number 2014014218 in the Office of the Hamilton County Recorder on April 21, 2014, as Meadows at the Legacy, Section 2 (the "Plat "); 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 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 "30' 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 May LO, Lots ; and CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Brian J. Clark and Lindsay A. Clark, 14013 Knightstown Drive West, 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 46 ( "Lot ") in Meadows at the Legacy, Section 2 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 5, Slide 202, Instrument Number 2014014218 in the Office of the Hamilton County Recorder on April 21, 2014, as Meadows at the Legacy, Section 2 (the "Plat "); 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 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 "30' 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 A 6.1 L 01 zot 5 ; 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" BRIAN J. CLARK Signature Date: LIN!D SAY A. CLARK CACthilt- Signature Li ( - i f 33,- Date: STATE OF INDIANA ) ) SS: COUNTY OF tri °- " 41:3c1 ) 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 BRIAN J. CLARK and LINDSAY A. CLARK, 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 2'1=' day of Ap^ 1 , 20i5 . (i'A-te,r).- 0 41-076r NOTAR PUBLIW My Commission Expires: L u s +15 psi 21 ►20►10 Printed Name My County of Residence: 0- CL-r"" 1 +0 'n "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Lori Watson, Date: l ATTEST: iana Cordray 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 LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and 5- cco,d.r r15A1.Oe�cc Safety, and , 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. Witness my hand and Notarial Seal this U day of My Commission Expires: , 20 /5. NOTARY PUBIcIC - .42/1/4) c4- ✓/ Printed Name My County of Residence: i¢/17 /.G7D/f% 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 46 IN THE MEADOWS AT THE LEGACY SUBDIVISION SECTION 2 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON APRIL 21, 2014 IN PLAT CABINET #5, SLIDE 202, AS INSTRUMENT #2014014218 EXHIBIT B The Schneider Corporation HISCYC FMt 7ThOr. 6901 010i:sr:AD esdiar•ttisoils. IN 462184037 Fber= 317.82&71X F Frtlitad Mar Om* (FM Inforroatice :?al Gra* = 755.0 per 01 Pz1lCQs Ltf Ezirkgi (756.0) Garzie FF1 1.9" P.ftldence F rE R573; Rai:iv:0 FF. • LT r gasemeo: FR (749g M.F.F*. 755.6 Ground Corer Area Cabtholetkos = 787 SF+P Plik Wit Mg -1. Pernt WA 23 5F+1- • 67566 soe 5,-1•71. (Fin irsea rrJetrce) Opb•ol sotlx.eszti kydnsser*I-- 3.37534 Mcdismi Ss:lieu:se - 114- re& ess-47ier. Sictirtra to be p4ocird on the preperly S. frail hod of curb, Ger On F'OT PEAR LOT # 46 Azzi=ed Nerth Seek : 1. 7 Pt P. loozr4 E... 4 Proxestd 6rocke 02Q0 ExizEhg Jive= 0010 Cimteer Crate * itoprac.lcterd Loulticn $torn unts • • scro.L.,s7-,... Unel v - Rite Smite Ulm S22-arkca Cr*, Lim ticrihots (Saar, a• Stairs) SaAve (StIccii) aft Het 1Stcrrn) E St k° (Siam) a. Fre — • • • ••••• 7 .7 • — Fkra twin 04.46-5 less (21 I est.) - L1-ro Parcel % 29-10-220-018 21X cAlt: 12-/z1 "I cv mon cir PCT Pixe err ozNait-k •'iPtr.,AL SWALE SECTION NOTE: 111E RESAMML 011, Ls LAITIC NEOIT TIVITY-FIVE (5) MET, A 17011116 HAY FiE KWASZO HECNT IfF3Y-FINT. (55) FET PE ref SCE kkti YARDS PRE POTLASED M1 LOlaik AT F'02 &a Mg SIKH SINOJE E1VMS TIENTHM. MI FEU PA F02{7. PR CAMEL 20= azawcr 23.11 • Fsiit Utafon prge f.xr ekraticr. is 1:1 dnve tie cub deive • Pico* Wks* Users Cenecrts - The *awn =aim r4;rtde Fzs'a tq of oaks `es -ziol of PL•523 &war, mi. ciritarl inr,i.cie to a WI) tztinz eievr•-• ci 50b mer atarL L/sstrean santery cian'rete czair4 Aran al be r.o las Jul irse fo FJL &th re SNEET 1 OF 2 PLOT PLAN Pmpeir•A For. Rii;OF INDIANA Sut4rviciza: THE MEADOWS AT THE IZGACY SE CrrION 2 Re•xrcing Info: 2014014210 NW C0. 2014018979 County. HAMiLT011 See:Ai:4n= 14013 KNr...1.1 LF67.1 CVE V:MT. CARyEL IN 46033 . OtrieraAmm INVENTORY . Prevated By: DIM DATE 06-13-14 SCALE: 1. 30. Job VB14.01096 LOT 46 . 11.235 SF secnwrAng SEC -Tilisy-R:1E R/W: WL±]U 0 0 0 LILUW( ©tee © ©© Ciro OF CARMEL May 13, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —14013 KNIGHTSTOWN DRIVE WEST— FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document signed by property owners Mr. and Mrs. Brian J. Clark and Lindsay A. Clark is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the May 20, 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\ 14013KNIGHTSTOWNDRIVEWENCROACHMENT .DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov in CITY OF CARMEL May 13, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) -14013 KNIGHTSTOWN DRIVE WEST, CARMEL INDIANA 46033 Dear Board Members: Mr. and Mrs. Brian J. Clark and Lindsay A. Clark, owners of the property with the common address of 14013 Knightstown Drive West, (Lot 46, The Meadows At The Legacy Section Two) have requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for the installation of a fence in a portion of the lot designated as an easement. It is not expected that the installation of the fence 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 fence and /or relocating the fence 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). 4. Existing grade and elevations must not be altered or modified within the drainage easement. 5. Fence shall be at least 30 inches off the centerline of the 12 -inch storm water pipe and inlet on the eastern property line. 6. Fence post spacing must consider the underground subsurface drain to prevent damage to this infrastructure. Sincerely, Jeremy Kashman, P.E. City Engineer S:\ BPW15\ 14013KNIGHTSTOWNDRWREQUESTFORVARIANCEFENCE .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 The Schneider Corporation Haat Fat Rattan 8901 Ovsslowa3 boronspols. 48218-103F Plc.= 317.82E3100 Far 317.828.72CC Robbed Floor Oration (FF4 /Arran:ion Pad Grade MO per lAtt Pcd &ads # LO' = Urge --f€ (756.8) Gams FF t 13 z hide= Fit (737.9; ito&Alkste FE - 85. lisserret R1749.01 M.FIA 75i6 emund Corer Ares Ctkaiatioas Drir? z 717 Sr* Rehik Wit = 275SH- Pen itrIroteeem • WS SF/. Sod • 3/fr frogs or rv.lart..) 01:Saufsedaciaza Macao* • 3375 sfr4 Ada1/4.-4 sod Px14, - 6 STRc casirm: Sockr.-4 to bn Ficad cn .proporty S' tan back .61 carts, Pr On LOT # 46 Assuraccf tiart't Sock, .• 3r/ Pt Par loo.Nel 170 P:oposecl Grcees palo EsistIng Grottos .--- MU ---- Contar Crabs * Aaproa. lctrsa 1oa:5m S -•• Sat Se a ---- -Lam ulti ✓ recur S� kat tic: S.13-9xfoo Oren lbes o Match. (c,rotay cr Mats) fr) Beet.Ne Wet (Stale) Eli Orb that (Stem) D Lwl SecOn (St) .12. Fla Kt E=ernatt Um Party 0 29-10-23-006-014.000-018 30.r. T rar K1NGSTOWN DRIVE " 5011r/WdIED V-75k- tt4 TC.756.Z Klat LOT # 47 KO Vr.SIOLT4CE etf' 041,--ificLe()%1L_ 520tA7.2E 1271z. s arauat � Pat Sus sr TYPICAL SWALE SECTION NOTE: IN SC RE5W1IAL C:S=TS ULITM ifAtfr 1 TrEICY=fT.£ (25) FM: A MELLAS WAY PE NXASED t T A V.2.7TY-fit,: (3S) FIT PRATED FrE SZE MO TEM WAS ARE WWI) M =EOM F031 RS 51Di MIT SUN mas IWITY-RE (25) ar NOWT. CAZEt. 21:= CE2t41 att • 5' !XX ,t. Mtn 57 0E- 30 G.U.ASE. 15 SUM y, Ear 0 eV' 11Fwast cas DEW tnaisr■ gx475 00h WAN a at3 Tar.d.co FES Rix LOT 45 28008 • TT.-= Fus V•ENCE. 3 0 e-F C.VIttrl e 04- 5+ot-eV% drain • Gssp Rill Floor ikaon • Tr4 prrit Fr*h 50:r. eleraial is LT feet above:I:1e psb &roe per*rt. • /41,45,r hts&cle Cieri Elendoen -The textrewnsa.lairt resithe tat a top ci =dot etvalon of 75.5232rli'n dcogr&csatarabry ot.nt-p; ole tcp d ostina ticestcr. et M.60 6e6 sef alas_ Ds Listreun sirkry ei czDthz eietat*) s.tql te co Jots talon' kOt 4%01 below C.F1. at SrIET 1 OF 2 PLOT PLAN Noporotl For. RM. OF WD-VIA Subeartaiore Ti4F: MEADOWS AT DIE LEGACY sEcrioN 2 • Ro=xrc IN; Ina: 2014014218 AND C.O.C. 2014018319 Count FIAFOLTON Tib Ci..AY ••tost. Aclao.o.; 14013 KNIGNEST OWN MVE Vor, CARMEL IN tbilt3 • Dap fat: INVENTORY . Prepared Sy: ON CATE 06-13-14 SCALE 1`.30' Ser./Ins/RF.4.- SEC 72-1-184-R4E. Job # VB14.0109613 Lot . Lzt 1,"35,SF RAY: 50' 9t