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HomeMy WebLinkAbout6582 Brauer - Halt, David/CynthiaCONSENT TO ENCROACH 2015059420 ENCR $27.00 11/18/2015 11:27:17AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented IIIIIII11101I11111111111111111111111111111111111111111111111111111111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between David J Halt Sr and Cynthia J Halt, 6582 Brauer Lane, 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 10 ("Lot") in The Ridge at the Legacy, Section One 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 Number 39, Instrument Number 2013002737 in the Office of the Hamilton County Recorder on January 1 1, 2013, as The Ridge at the Legacy, Section One (the "Plat"); and WHEREAS, the current Owner wishes to install a fence 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 a Drainage, Utility, and Sewer Easement and a Drainage and Utility Easement, identified as "15' D.U.&S.E" and "15' D.&U.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 Novtv++ber It)LQIS ; and 02-th C/(/ 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: L 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, andlor 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" DAVID J JIALT SRAtietee /1J 6I" Signature Date: CYTHNIA JHALT Sign@ture Date: I STATE OF INDIANA } ) SS: COUNTY OF 1\0 '1 \ t LS1 ) Before me, a Notary Public in and for said County and State, personally appeared DAVID J HALT SR & CYNTHIA J HALT, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. eC) `�f Witness my hand and Notarial Seal this Z t� day of l `t�4 , 20 1 Y � !jib , L( /% �/( :I NQTARY PUBLIC My Cotmnissi�Expires: 1 1,s;,_1\� cX. ,t.�\ Printed Name �( My County of Residence: "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: ilio ?ea2n1 James Brainard, Presiding Officer D. te: Mary Date: Burke,15e .er Lori Wats Date: ATTEST: Duna Cordray, I Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and ORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and gPahl Safety, and Clerk-Trenaurcr of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. 044, Witness my hand and Notarial Seal this 1 b day of My Commission Expires: doJQmbar' , 20 15. NOTARY PUBLI CC Qnn via 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 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 10 IN THE RIDGE AT THE LEGACY, SECTION ONE RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JANUARY 11, 2013 IN PLAT CABINET 5, SLIDE 39, AS INSTRUMENT #2013002737 EXHIBIT B ± STOEPPELWERTH 7.7 ALWAYS ON 7965 East 106th Sheet, Fishers, IN 46038-2505 LC - 781.78 AS Wu Zit r phone: 317.849.5935 fax: 317.849,5942 2.X&57' p SI EP. 5.29' I ✓ 3271` MORNING ROOM MODEL= SUMNER c F.F.ELEV.-788.27 ESMT.- 77007 LW) b (VERSION OS) N 1029 3 PO i 200 0 AU t' 2 EN d N 0 UNE LL -E1 APPROR 22' FROM TAP TO HOUSE 2CF NL Tn y )8") JOB ID • RLEG 10 CONTROL# 67992 RYAN LOT 10 THE RIDGE AT THE LEGACY SECTION ONE INSTR.j2013002737 P.C. #5, SLIDE #39 6582 BRAUER LANE CARMEL, IN 46033 1 • s 40' LOT AREA: 24,543 Sq. FL M . F. P. G. /L A. G. = 784.9 0 78 O BRAUER LANE EMERGENCY FL000 ROUTE tat M.Aaw6tm 144. 'Yau EMERGENCY FLOOD ROUTE AREA T.G. 784.31 AS GUILT LEGEND. %KAI PROPOSED (WADE PER PLAN AS GUILT GRADE S'S). — SUB -SURFACE DRAIN SANITARY SEWER STORM SEWER --WMAIM MAIN W 3/1' WATER CONNECTON D.V.&S.S.E OU. 4E DE P.p£ .E. IELL LM LMAE LCA N.A.E INE MFRS/LAO GMP VAR. T.•--781.13 AS BUILT BENCHMARK TOP OF CASTING = 784.31 RYAN HOMES 3885 PRIORITY WAY SOUTH DRIVE INDIANAPOLIS, IN 16240, SUITE 110 Ste: SEEDING: CONC. DRIVEWAY: PRIVATE. WALK PUBUO WALK APRON: 1.028* Sq. Yd. 11,277 * Sq. Ft 1.105± Sq. Ft 2041 5q. FL 500* Sq. Ft. 135 ± Sq. Ft. SWALE SANRARY MANHOLE STORM MANHOLE CURB INLET FIRE HYDRANT ENO SECTION DRAINAGE. UTUTY & SANITARY SEWER EASEMENT DRAINAGE, UTILITY & SEWER EASEMENT DRAINAGE EASEMENT DRAINAGE & UTUTY EASEYINr PLANT PRSERVAIION EASEMENT BUI11D2O UNE LANDSCAPE: MAINTENANCE ACCESS EASEMENT UNITED COMMON MEA NON -ACCESS EASEMENT REGULATED DRAINAGE EASEMENT MINIMUM FLOOD.. PROTECTION LRADE / LOWEST ADJACENT OaADE BEST MANAGEMENT PRAC110E5 VARIABLE ALL UNDERGROUND SEWERS AN0 UTLITES SHOWN ARE PLOTTED BY SCALE FROM 'RECORD DRAWNCS' FURNISHED BT ENGINEER. i Q No. 80040348: STATE OF . l /"ti �NDIAHM .Q �9tipSUftU y�, NOTE 1HI8 DRAWING 19 NOT W1U..ED TO BE REPRaENTEo AS A RETRACEMENT 08 U8CNAL BOUNDARY AIRWY. A HW1E SLIMY 08 A SIRVEYM LOCATION REPORT. MOO NM V MLO 1 ea YNO 01 IV IOWA ®1 taYMRyQ Ad mem w4. WO ,luau o 0 o uLUuir '.000 ® ®n asa lg CITY 0 ' ARMEL JAMES BRAINARD, MAYOR November 6, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 6582 BRAUER LANE — FENCE AND LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Mr. & Mrs. David Halt, 6582 Brauer Lane, is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of Works for approval during the November 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\6582BRAU ERLN ENCROACH MENT. DOC DEPARTJIENr OF ENGINEERING ONE CIVIC SQUARE, CARNIEL, IN 46032 OFFICE 317571.2441 FAN 317.571.2439 E�IA1I. cngineeri ng( care el_in.gor JU�U o o 0 UPJUL 000 O ® 0 oEa minim CITY o CARMEL November 6, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (FENCE AND LANDSCAPING IN EASEMENT) — 6582 BRAUER LANE, CARMEL INDIANA 46033 Dear Board Members: Mr. & Mrs. David Halt, owners of the property with a common address of 6582 Brauer Lane, (Lot 10, The Ridge at the Legacy, Section 1), have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence and landscaping in a portion of the lot designated as an easement. It is not expected that the installation of the fence and landscaping 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 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. Petitioners 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 easements. 5. Fence may only encroach 8 feet into the 15' D.U. & S.E. along the back property line to allow for proper drainage in the swale and protect underground infrastructure. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BP W 15\6582BRAUERLN REQUESTFORVARIANCEFENCELAN DSCAPING.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE. CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317571.2439 EJIAII. engineering© cannel. in.guv FENCE EXHIBIT B ± STOEPPELWERTH • -- � ALWAYS ON 7965 East 104th Street, Fishers, IN 46038-2585 phone: 317.8495935 fox: 317249242 781.70 1 AS BUST �jv�j/'. /40 . fm ra arn tr-S174101- Ort U -'/e Ali y%fir ..I ni=:=' 0 /!/ SER' WORN! ROOM MOREL. SUMNER C P.RE EV.- 788.9 BSMt- 77607 (EH) (VERSION 0R) 8 LINE APPROX. 71 FROM TAP TO NWSE .309 ID' RLEG.10 CONTROL4 67992 RYAN LOT 10 THE RIDGE AT THE LEGACY SECTION ONE INSTR.#2013002737 P.C. #5. SLIDE #39 6582 BRAUER LANE CARMEL, IN 46033 1. 40' LOT AREA: 24.543 Sq. Ft Lc- M.F.P.G./L.A.G.=784.90 cwT}i. EMERGENCY FLOW ROUTE M 1 ' inn n4A6jtainit BEOa Eel A1AVA EMERGENCY FICGD ROUTE AREA CE4 xx.x PRO GRADE PER PLAN AS GUILT CRAPE DSO. - SIB -SURFACE NUN SANITARY SEND STORM SEWER W- WATER MAIN W-3/4' WATER COMEC110N SKATE 0 0.U.ASSE O.U.&SE DE. a.AU.E P.Pi. S L L M AE LGA Nati. R.D.E. MFPGAAG BMP VAR. tam 70113 AS DUCT ALL UNDERGROUND SEWERS AND UR1111ES SHOWN ARE PLOTTED BY KNE FROM 'RECDA CRAMNGS' FURNISHED BY ENGINEER. BEENCHMARK. " TOP OF CAS11NG - 784.31 SANITARY MANHOLE STORM RANKLE CURO INLET FIRE HYDRANT 010 SECTOR DRAINAGE. UTMY & SANITARY 5001 EASEMENT DRAINAGE UTILITY & SENFR EASEMENT DRAINAGE EASEMENT DUNNAGE 6 UTILITY EASEMENT PLANT PRESERVATION EASEMENT BUILDING LINE IAMKAPE MANWENANCE ACCESS EASEMENT UMTS COAMON AREA WIN -ACCESS EASEMENT REGULATED ORNNAGE EASEMENT MNMUM FLOOD. PROTECTOR GRADE / LOWEST ADJACENT GRADE BEST MANAGEMENT PRACTICES VARIABLE RYAN HOMES 3685 PRIORITY WAY SOUTH 0RIW INDIANAPOLIS, 1,4 46240, SUITE 110 STD: SEEDING: CONC. DRIVEWAY: PRIVATE WALK PUBUC WALK APRON: 1,0283 Sq. Yd. 11,2773 Sq. FE 1,1053 Sq. Ft 2043 Sq. Ft 5003 Sq. Ft 135 ± Sq. Ft. FJPSIS C. /4 • 760040348 • STATE OF 7 i'nt 7 NOTE 1165 DRAMNO IS HOT TO SE REPIMMOTO As A IFTRATMMIT p9 OWCHA: RMOMT WR1.EY. A ROUTE 91RVET 01 A S1RVEHN {11011191 RONNY. ZOOPIRPL V C6SM erewe TP MIYAI Math NKNQ 1a Ina RAR TATO CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between David J Halt Sr and Cynthia J Halt, 6582 Brauer Lane, 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 10 ("Lot") in The Ridge at the Legacy, Section One which is located within the corporate limits of the City of Cannel, 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 Number 39, Instrument Number 2013002737 in the Office of the Hamilton County Recorder on January 11, 2013, as The Ridge at the Legacy, Section One (the "Plat"); and WHEREAS, the current Owner wishes to install a fence 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 a Drainage, Utility, and Sewer Easement and a Drainage and Utility Easement, identified as "15' D.U.&S.E" and "15' D.&U.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