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Home My WebLink About14131 James Dean Drive - Zeller, Kathryn2015052831 ENCR $27.00 10/08/2015 01:57:49PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented I I I I I I I 11111111111111111111111111111111111111111111111111111111111111 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Kathryn A. Zeller Revocable Trust, 14131 James Dean Drive, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and :the City of Cannel, Hamilton'.County; Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: .. _WHEREAS, Owner,owns.in fee simple Lot 80 ("Lot")irethe Meadows at the Legacy, Section 3 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 - --WF•IEREAS, the official plat of the Subdivision Was recorded in Plat Cabinet 5, Slide Number 280, Instrument Number 2014054240 in the Office of the Hamilton County Recorder on December 2, 2014, as the Meadows at the Legacy, Section 3 (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 ft and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer Easement and Drainage Easement and Best Management Practice Easement, identified as "15' D.U. & S.E.", "10' D.E. & B.M.P.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 Oc.to nor 1 It -0W ry ; 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 terns 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 hamiless 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 I_ot, or othervise, 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" KATHRYN A. ZELLER, Authorized Signer Kathryn A. Zeller Revocable Trust Signature Date: el STATE OF INDIANA COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared KATHRYN A. ZELLER, an authorized signer for Kathryn A. Zeller Revocable Trust, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. h'1 Witness my hand and Notarial Seal this / 1 day of arOtY1 IIt 20t) Q7µ--az± NOTgRYPUBL IC , L My Commission Expires: ��•�`�'1 1.7.11 Printed Name My County of Residence: e\61I 1 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: James Brainard, Presiding Officer Date: i0 - 7 -/5 Mary Date: Lori Watson, M Date: / ATTEST: Cfit iana Cordray, IAMC, WLrk-Treasurer Date: / 0-7-15 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 B AJNARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Cannel Board of Public Works and S ands r(Sz-4i($ 1. bepu ty Safety, and Dbadd-A-L=C Fb4Y, 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 1 day of My Conuniiss/ssiyion Expires: ae( 20 15 N fAR(tUBLIC nn Da dis Printed Name My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032. 1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Douglas C. Haney, Esquire EXHIBIT A LOT 80 IN THE MEADOWS AT THE LEGACY, SECTION 3 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON DECEMBER 2, 2014 IN PLAT CABINET 5, SLIDE 280, AS INSTRUMENT NUMBER 2014054240 EXHIBIT B 17I± STOEPPELWERTH �— ALWAYS ON 7965 East 106th Street, Fishers, IN 46038-2505 phone: 317,8493935 fax 317.8493942 • CONTRACTAONRp SHALLCUTCUT 14.7' OFF OF THE SANITARY TO HOUSE FOLLOMMC T THAT AND CONNECT EXISTING BASIN #9 :00 YEAR flEV,e751,87 25' 22TBAC2 LIMI ItU COMMON AREA //3 FROM T.O.B. VAR. STORM WATER B,M,P.&D.E&LMA.E 10.07 8.00' pRoPoSED - FENCE 2100 MODEL& MIMINGTON A • 758.50 BSMT. 749.73 LRH) OR D. 8 .e 5d LOT 79 PROP. HOUSE 25 130'± T.C. 753.45 AS BUILT''/ 0300 tC.m 753.41 AS BUILT R JAMES DEA DRIVE WRY/ JOB ID MLEG3.80 CONTROL# 71509 RYL ' 14131 JAMES DEAN DRIVE CARMEL, IN 46033 1' = 30' LOT AREA: 9,782 Sq. Ft. FRONT M.LA.G.-754.7 FRONT M.FP.G.-754.7 REAR M.LAC..4755,7 REAR M.F.P,G.-755.7 14.F.F.-756.2 LEGEND: 1101, I PROPOSED GRADE FFR PLAN 1%X% Bl AS SUIT GRADE _. SSA._ SUB-SURFAC DRAIN SANITARY SEWER SIA 5EBER —�—N� WATER MAT' ---W - 3/4' WATER C&4NECRON '—SYALE SANITARY HANKIE (IP) STORM MANHOLE CURB INLET MRS HYDRANT <Li. E461GENCY FL000 ROUTE EMERGENCY FLOOD RCJTE AREA LIA.4.E. B.M.P.5. O.*UE B.E. M. M.LP.G. M.F.F. VAR. O.U.c.S.E. C.-75454 T,ca 75542 AS 017L7 AS BOAT ALL UNDERGROUND SEWERS AN0 191111115 SHOWN ARE PLOTTED BY SCALE FROM 'RECORD ORAWNGS FURNISIEO BY £NGINEE4 LOT 80 BENCHMARK TOP OF CASTING = 753,45 THE MEADOWS AT THE LEGACY SECTION THREE INST. #2014054240 500: P.C. #5, Slide #280 SEEDING: ZONING: PUD SEED IN EASEMENT: CONC, DRIVEWAY: 3' MINIMUM SIDE YARD PRIVATE WALK: 6' MINIMUM BETWEEN STRUCTURE PUBUC WALK: 20' MINIMUM REAR YARDTO REM EADAITIONALASEMENT` LANDSCAPE, MAWTFHCE ACCESS EASEMENT BEST MANAGEMENT PRACTICE EASEMENT 094984GE & 011UTY EASEMENT 5URD180 UNE DRAINAGE EASOIETIT MINIMUM FINISHED PAD GRADE MINIMUM L0%EST 404400(T GRADE MINIMUM FINISHED FLOOR VARIABLE DRAINAGE. UTILITY & SENER EASEMENT mbgnq. ei No. '\9 ,80040474.,1= STATE OF hy le /421 168± Sq. Yd -NOTE: TEAS DRAMNC IS NOT INTENDED TO BE 4,7753 Sq. Ft. NR814150 S A RE7R� sE 1 Eaa`. 099NAL 1,4603 Sq. FL SWl1T_Y0R Ew4RG9 955097. 9953 Sq. FL 293 Sq. Ft. 2653 Sq. Ft. 3563 Sq. Yd. SIGNATURE DATE SIGNATURE REPRESENTS CONFIRMATION OF RECEIPT OF PLOT PLM BY CUSTOMER September 10, 2015 JIL]al 0 0 0 ULluIF 0 ODE oro 0 m mint- CITY 0 ' ARMEL ,IAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) —14131 JAMES DEAN DRIVE, CARMEL INDIANA 46033 Dear Board Members: Ms. Kathryn A. Zeller, on behalf of Kathryn A. Zeller Revocable Trust, owner of the property with a common address of 14131 James Dean Drive, (Lot 80, The Meadows at the Legacy, Section 3) has 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. Petitioner enters into a Consent -to -Encroach Agreement with the City and records the Agreement. 2. Petitioner (and successors and assigns) agrees to remedy any drainage issues resulting from the installation of the fence that, in the opinion of the City, represent a Detriment as defined in City Code. 3. _ Petitioner must obtain approval from the HOA for installation of the fence 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 encroach no more than 7.5' into the side 15' D.U. & S.E. to preserve the emergency flood route through this easement. 6. Fence posts shall be placed at least 2' from the underground subsurface drain in the back 10' D.E. to prevent damage to this infrastructure. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BPW 15\14131JAMESDEANDRREQU ESTFORVARIANCEFENCE.DOC DEPARTAIENT OF ENGINEERING ONE CIVIC SQUAME, CARMEL, IN 46032 OFFICE 317.571.2441 FAN 317.571.2439 EMAIL engi necringrcarmel.ingov EXHIBIT B , . STOEPPELWERTH ALWAYS ON 7965 East 106t6 Street, Fishers, IN 46038-2505 phone: 317.8493935 fax: 317.8493442 CON1RACTADNRp SSHEA0LLLL CUT 14.7' OFF OF 7HE SANITARY TO R HOUSE FOLLOYan OT PLANPOINT AND CONNECT EXISTING BASIN g9 100 YEAR ELEV.-751.87 73. gysAM.* LIMITED COMMON AREA j3 FROM T.O.B. VAR. STORM WATER UM.P.&0.E.&LNI.E 7 ICA D.EA9_M.P 2100 MODEL. WILMINGTON A' F.F.ELY.-.758.00 • BRAT, 740.70 pRoPDSED FENCE LOT 79 PROP. HOUSE OLT T.C.S 753.45 AS BUILT '' 153 DOLT AS LBUILT B A5 BUILT sss{{{aaa D.ecu 85.841 "4T` ssw 73.00 /W. JAMES DRIVE TC. -754.5E MB RT LOT 80 JOB ID MLEG3.80 CONTROL# 71509 RYL ' 14131 JAMES DEAN DRIVE CARMEL. IN 46033 cD 1' = 30' LOT AREA: 9.782 Sq. Ft. FRONT M.LA.G.-754.7 FRONT M.F.P.O.-754.7 REAR M.LAG.-75&7 REAR M.F.P.G.-755.7 M.F.F.-755.2 LEGEND: PROPOSED GRADE PET PUN 1220 A5 BULT GRADE — SSA. _ — SUB -SURFACE DRAM SANITARY SEWER STORM SEMI WATER MAIN W 304' WATER CONNECTION S1TAE LM.A.E B.M.P.E D.&LLE B.L 0.9 M.F.. M.LARA.G V VAR. o.LLtr iE TC. 735.42 A5 BUILT ALL UNDERGROUND SEWERS AND UTIURES SHOWN ARE ROTTED BY SCALE FROM 'RECORD DRAWINGS' FURNISHED BY ENCINEOL BENCHMARK TOF OF CASTING = 753.45 THE MEADOWS AT THE LEGACY SECTION THREE INST. #2014054240 SOD: P.C. #5, Slide #280 ISIGNA1URET SEEDING: ZONING: PUD SEED IN EASEMENT: CONC. DRIVEWAY; 3' MINIMUM SIDE YARD PRIVATE WAUG 6' MINIMUM BETWEEN STRUCTURE PUBLIC WAU<: 20' MINIMUM REAR YARDTD REAR EAAOomONAL ENTI SEM DATE SANITARY MANILIE STORM MANHOLE CURB MET FIRE HYDRANT .EMERGENCY 8000 ROUTE EMERGENCY ROOD ROUTE AREA LANDSCAPE. MAYRENCE ACCESS EASEMENT BEST MANAGEMENT PRACTICE EASEMENT DRAINAGE @ URUTY EASEMENT BUILDING UNE DRAINAGE 0AS0@NT MINIMUM FINIEYFD PAD GRADE MINIMUM LOWEST ADJACENT GRADE MINIMUM PINISHIO R. VARIABLE DRAINAGE UTIUTY & SEAEF EASEMENT UIIRI,q °5tVM CE PpF TrI Q': No. ':V5 o ;800404741 STATEOF j9. 7��SUFVEy.•' PPS 168* Sq. Yd.: NEE, NS ORATING IS NOT INTENDED 10 BE 4.775* Sq. Ft RPRa0I1W ASA REmRACee1T OR 0MDNAL 1,450 * Sq. FL ensutiN,_YOR Looa¶a4 RPo euevEr OR A 8952 Sq. FL 29± Sq. Ft. 265* Sq. FL 368* Sq. Yd. SIGNATURE REPRESENTS CONFIRMATION OF RECEIPT OF PLOT PLAN BY CUSTOMER 02/27/18 053 MSaaeivx Cd90,.'mxYmeB September 10, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: CONSENT TO ENCROACH —14131 JAMES DEAN DRIVE — FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Ms. Kathryn A. Zeller of Kathryn A. Zeller Revocable Trust, 14131 James Dean Drive, is submitted to the Board for signatures. Board approval for a variance for the encroachment is granted by the Board of Public Works during the October 7, 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\14131JAMESDEANDREN CROACHM ENT.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317.571.2439 Ei TAIL engineeringgcvrme1.in.gov