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Home My WebLink About10563 Elizabeth Court - Scozzaro, Matthew/TammiCONSENT TO ENCROACH 2015033278 ENCR $31.00 07/06/2015 11:33:01AM 11 PG5 Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111110l11111111111111111110111111111111111111111111111111111111 ifirt `no OWN THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Matthew J Scozzaro and Tammi R Scozzaro, 10563 Elizabeth Court, Carmel, Hamilton County, Indiana 46032, (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 20 ("Lot") in Windsor Grove 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 45, Instrument Number 2002065082 in the Office of the Hamilton County Recorder on September 10, 2002, as Windsor Grove (the "Plat"); and WHEREAS, the current Owner wishes to install a fence, French drain, dry river rock bed, and landscaping, 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 Easement and Emergency Access Easement, identified as"10' D.E." and "7.5' E.A.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 7 Gln t 2,12-015 ; and -16 14* 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 13 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 13 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" MATTHEW J SCOZZARO , Signature Date: 64//5-- TAMMI R SCOZZARO Signature Date: g— STATE OF INDIANA ) SS: �7< COUNTY OFM/Li Lill ) Before me, a Notary Public in and for said County and State, personally appeared MATTHEW J SCOZZARO & TAMMI R SCOZZARO, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness illy h• tta iiiNotanaf Uh LISA NI. S4IEWART County of Res: Hamilton My Comm. Expires 9-18-2015 .Comm.No. 572314 isslot rxffev N ice- � Seal this day of LJ t (t'2- � 20' 5. NO It ga UB '!' Printed Name My County of Residence: / L "CfrY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: James Bfainard, Presiding Officer D. te: Mary Ann Date: urke, Mem Lori Watso Date: ATTEST: Diana Cordray, IAMC, Clerk/treasurer Date: —1 —1 - 15 STATE OF INDIANA ) SS: COUNTY OF HAMILTON andra M Johnson Deputy Clerk F'or Before me, a Notary Public in and for said County and State, personally appeared ,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 SumMykin•-bhason, Wu, Ay Safety, andClerk-Treasurer of TILE CffY 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 1,, day of '-�1.�,� 20 ) 5. My Commission Expir .z0 JEAN A. BELCHER Hamilton County My Commission Expires May 7, 2016 NOTARY PUBLICt4,0 A,9eCCMLJ2 Printed Name My County of Residence: /-114/1'11 t.. T) A) 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 20 IN THE WINDSOR GROVE SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON SEPTEMBER 10, 2002 IN PLAT CABINET 3, SLIDE 45, AS INSTRUMENT #2002065082 FEN it / 563 &Ilzabe& ct Car met, IA/ 440;7- r/ 30 EXHIBIT B If."l- te747-.LT_S�=:Z�=Z'll.FL'3'TCLTPTii7r`dost:7=C-7+/ r • 6t4h-t- -nu_ )7 \t \Jk;t. i 3 'DlY RIVER asp e CCf/Sls OFItalne &YR' OF ✓AR/os(S SIZES `og psrliancr V�Fvr ,o Parc -47ar•reWt tsy.---tip ste *F- Ra FENCE IF Nan88 FOR be& OA TOOL etisft /rite 4#o lnakh aj t'9 beer fence • tes be 7•s+n11ee1 yen, nos a' nyfwa ro /he. tB r&'gn t 7e arzerraeCE8 ON aR Alta PteoPr ny Lure qta 4~0E13 To ?rEBHn�Ayov. C i. LY FiPt TieEf4 77 5%* 4vS,TA4.0 Snw tN f t fo'Mate FMm twenty t Mr 0' white Maplt ®o Coln -ads i{ lac Singe ® " Cletus d Far I_a:0, ;n i\vnc-S ,.,e3K:IS n`ar+r:<s June 19, 2015 -;iu(u 0 0 0 utiu1 maim CITY" O ARMEL •JAb1ES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —10563 ELIZABETH CT— IMPROVEMENTS IN EASEMENT Dear Board Members: A Consent to Encroach document signed by property owners Mr. and Mrs. Matthew and Tammi Scozzaro is submitted to the Board for signatures. Board approval of a variance for the encroachment was granted by the Board of Public Works during the June 3, 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:\BPW 15\10563ELIZABETHCTENCROACH MENT.DOC DEPARTMENT OF ENGINEERING; ONE Civic SQUARE, CARnlrl., IN 46032 OFFicE 317.571.2441 FAx 317.571 2439 EMAIL engineeringaeonne)in. goy May 26, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (LANDSCAPING, DRY RIVER BED, FENCE) —10563 ELIZABETH CT, CARMEL INDIANA 46032 Dear Board Members: Mr. & Mrs. Matthew & Tammi Scozzaro, owners of the property with the common address of 10563 Elizabeth Court, (Lot 20, Windsor Grove Subdivision) have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for installation of landscaping, dry riverbed, and a fence in a portion of the lot designated as a 10' Drainage Easement and 7.5' Emergency Access Easement. It is not expected that the installation of the improvements 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. Petitioners (and successors and assigns) agree to remedy (including removal of the improvements and/or relocating the improvements from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Fence post spacing and placement should consider the proposed underground French drain to prevent damage to this infrastructure. 4. Petitioners must obtain HOA approval for improvements (if such approval is required by the restrictive covenants of the development). 5. If the dry riverbed is installed, the top of the rocks should be at the proposed swale elevation to prevent the ponding of water within the swale. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BPW 15\ 10563 ELIZAB ETFICTREQU ESTFORVA RIAN CELAN DSCA PI NGRIVERB EDFENCE.DOC DEPARTMENT OF ENGINEERING; ONE CIVIC SQUARE, CARMEL. IN 46032 OFFICE 317571.2141 FAX 317.571.2x39 * /DS45 &Irzabef& Gt Carmel, IW 'i&032- /1=301 EXHIBIT B _ r r V'Tt`(�Ii s �'bay RivSet oat (enn7S aFgnu' tela OF ✓AR/Ogs Sizes FOR flWE '•1 4:F- aEF'Ne&$F nano rea DeG eaP a{ 4 losaucatipted +a 4+41`eh ens++geei5kben fenot a to be int+eyed 4"n.w 4aey&o, ro Il4 IJL I -FratrvWc6o 1)%1,6 rRENCN MA.W T raete.8 oa eR EAk PQoPr-gpi,4/NE M0.4 Ca&'fle.a T ?erlinnt04, ; sno* Ik: ,fi . O.- _r its -t) Pcr crakic i as 'k !!^y•.: iii/i/i^ is ':- • ••• a.•'it l B6tdrada s'_!a'ftIj4Y norm fie0/0nry a ia& ®= ode MapM ®s Coio.rada 2{IaeSpnice ® a Citveland 744r S hLaKGrS C\ 2,r May 13, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (ALTER GRADE OF EASEMENT) —10563 ELIZABETH CT, CARMEL INDIANA 46032 Dear Board Members: Mr. & Mrs. Matthew & Tammi Scozzaro, owners of the property with the common address of 10563 Elizabeth Court, (Lot 20, Windsor Grove Subdivision) have requested a variance from Section 6-227(a)(5) of the City of Carmel Code for alteration of the grade in a portion of the lot designated as a 10' Drainage Easement and 7.5' Emergency Access Easement. It is not expected that the alteration of the grade 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 (and successors and assigns) agree to remedy (including regrading the easements) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. 2. Petitioners agree to only modify the grade of the easements as shown on the attached plot plan or as directed by the Department. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BP W 15\ 10563ELIZABETHCFREQUESTFORVARIANCEGRADEALTERATION.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CAlela, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering@carmel.in.gov fIAGV. 3' C( SECT , `• 1704� au \\ \ tZitN \ ‘‘I Plot Plan ld IP Is 91.11> Gv.t . ali.b : ibJ.4 C..n9. iratea.- n N Mind. tel.! s knerni F. WM1:I ir. no car t. 29. �. I. ti Gnl.. d 1.t ey d kris God,. pb.a. _• /r Y ;?'i' CLU& 2L.Scn47..nr; uiT#21 .Sz SID' Id • tif^: r.0 I, IC U. , I_ . mn . 'Y F.I 111 wb. 1 L 0 15 AG1A f;11 In 31 of caStnmtvo- 1 1 LJ 441 l):l Cn 2.\t —ilk KIN/ / SYl 5:`_la �, / • 2 577 0 SW „^r W. *CC! — — — SanaIFr UIIDK —5tu_ $apt r ICON E-9 MCC Of pF19 T0, di -OK Cr CUP] CG:{; Cr WALT 9CIL TiiBJCX