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HomeMy WebLinkAbout449 Chimney Rock Drive - Carmel CottagesCONSENT TO ENCROACH 2015061817 ENCR $27.0e 12/03/2015 03:32:17PM 9 P65 Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111111111111111111111111111111111111111111111111111111111111111111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Carmel Cottages, LLC, 449 Chimney Rock Drive, Carmel, Hamilton County, 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 21 ("Lot") in Cottages at Carmel 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 574, Instrument # 2009068558 in the Office of the Hamilton County Recorder on November 30, 2009, as Cottages at Carmel (the "Plat"); and WHEREAS, the current Owner wishes to install a wooden deck 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, identified as "15' D.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 t)etennb: r2t LOts : and ab5x 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 ofthe 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 ofthe 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" THOMAS L. TROEGER, Authorized Signer CARNITi.IS COTTAGES, LLC Signature Date: Ili Ik°(l vs- STATE s STATE OF INDIANA ) ) SS: COUNTY OF TJ•4m TLTln/ ) DAVID SCOTT REDLIN NOTARY PUBLIC SEAL HAMILTON COUNTY STATE OF INDIANA COMMISSION NO. 598875 Before me, a Notary Public in and for said County and State, personally appeared THOMAS L TROEGER, an authorized signer for CARMEL COTTAGES. LLC, 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 / ! day of e9c del 20 NOTARY PUBLIC My Commission Ex ires: e&9c- �% /1C'QCr,t/ ie_ t/�2.of(o Printed Name My County of Residence: /0947 FIT) A) "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: AL % rtsczrrr James Brainard, Presiding Officer ate: an Date Lori Watson', Memb Date: t ATTEST: JL biana Cordray, IAMC, rk-Treasurer Date: (l 1-1S 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' 'INARD, 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 and�u-��kkYY��.r..s&\'.t.p a Safety, and DIANA 6,-GQRDRAY, Jerk -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 day of .t ._C.Q.X00eY . 20 15 My Commission Expires: ICU ( . AW v C i #/i-'/7 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 21 IN BLOCK J IN THE COTTAGES AT CARMEL SUBDIVISION RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON NOVEMBER 30, 2009 IN PLAT CABINET 4, SLIDE 574, AS INSTRUMENT #2009068558 EXHIBIT B THE COTTAGES AT CARMEL P.C. 4, SL. 574 II BLOCK "J" CITY OF CARMEL, INDIANA LOT 21 = 449 CHIMNEY ROCK DRIVE LOT 22 = 443 CHIMNEY ROCK DRIVE LOT 23 = 437 CHIMNEY ROCK DRIVE 1000.01 4010111111111110, TIT 4G cgSTER *LS20f 3000261 ra• ` STATE OOFF J00 7,tt;,itilitilSUI `& 4 / , l dkl PLOT PLAN 98.55 PREPARED FOR HIGHLINEus, LLC FL GRADE FLOWLNE/ A5 PER PLANS TYPICAL SWALE SECTION fRONT DETAIL OF TYPICAL STORM WAIER ROW PATTERN FOR INDIVIDUAL L075 NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM SIRUCTURE(S) 10' SDEYARD-ES 9 ®71M.1sc_®1s'A�—tea' Imo s rf' 4ara b R soot ZQ W O PROP DRJE o�T 00. 00 s L023 a© LOT #22 asA FIN. FLOOR — 844S GAR. = 843.8' >- r"-- PRIE C LOT y21 LU b Sar n U 41 1 54.33'54.33'/1 — PROPOSED GRADE 000.0 — EXISTING GRADE IMs.l 98.42' A vro 11 11 r NOTF' - DRIVE ENTRY TO [INFORM WITH CITY a CARMEL STD. - THE LOCATORS, PENSION& AND MDTH ALONG THE PROPOSED PUBLIC SIDEWALK WERE SCALED [IR TAKEN FROM ENGINEERING COISTRUCTION PIANS PREPARED BY OTHERS OR AS PROVIDED. - VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION - IT SHALL BE 1HE ESPONSIMUTY OF THE BUILDER CONTRACTOR TO VERIFY THE BUILDING DMENSCNS. BUILDING LOCATORS. THE LOCATION OW OTTER PERTINENT FE11VRES AVD ELEVATIONS PRIOR TO THE STMT OF CONSIRUCRON INC INTENDED USE OF THIS PLOT PLAN 15 FOR SECURING BUILDING PERMITS OILY ARD SHAH NOT BE USED FOR MY OTHER PURPOSE TISUE LAUD DEV'ELOPMLIT CONSLITING & LAND SURVEYING SERVICES 11650 01in Road, Sui¢31000-239 NORTHFishers. eo'14075• n,(37) 414 ` Fax: (317)441-0762 \o9 I1+n1�.o-..,Na�..-IN.` a-,naa Tmy@TNambindr.N.,m ORM: TAT JOB, 15-433 DATE 07/33/15 REV.: SCALE 1' = 30' ZONING REQUIREMENTS: B -)/BUSINESS, MIN. SIDEYARD: O'. MIN. AGO SIDEYMO: MIN. REAR YARD: 5' MIN. LOT *DTH: 29'. F.F.E. HSE: 844.5' F.F.E. GAR: 843.8' F.F.E. BSM'T: N.A. J Oo0 .000 O0 CITY oO November 23, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 uuuk OOOE JAMES BRAINARD ARMEL MAYOR RE: CONSENT TO ENCROACH — 449 CHIMNEY ROCK DRIVE — WOODEN DECK IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Mr. Thomas Troeger, an authorized signer for Carmel Cottages, LLC, 449 Chimney Rock Drive, is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of Public Works for approval during the December 2, 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\449CHIMN EYROCKDRIVEENCROACH MENT.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering@canncl.in.gov November 23, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 .IU1U 0 0 0 UCGUM 000 0 v0 000.` mgt CITY 0 ARMEL JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (WOODEN DECK IN EASEMENT) — 449 CHIMNEY ROCK DRIVE, CARMEL INDIANA 46032 Dear Board Members: Mr. Thomas Traeger, an authorized signer for Carmel Cottages, LLC, owner of the property with a common address of 449 Chimney Rock Drive, has requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a wooden deck in a portion of the lot designated as an easement. It is not expected that the installation of the wooden deck 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 wooden deck that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Installation of the deck shall not impede drainage in the easement or damage the storm sewer pipe. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BP W 15\449CH I MNEYROCKDRREQU ESTFORVARIANCE W OODENDECK.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®cu rmel.i n.gnv EXHIBIT B THE COTTAGES AT CARMEL b P.C. 4, SL. 574 BLOCK "J" CITY OF CARMEL, INDIANA LOT 21 = 449 CHIMNEY ROCK DRIVE LOT 22 = 443 CHIMNEY ROCK DRIVE LOT 23 = 437 CHIMNEY ROCK DRIVE 11 t, )%l111D J4ij J#0.: A. TFR� 2 a & �15TE\mo i • x No. o g * LS20300026: * F. ▪ STATEOF E z... YNOIAN • Q. g 9 \JtNtommutot (7A. PLOT PLAN 98.55' HIGHLINEus, LLG LD' siorexons.119 TYPICAL SWALE SFCTIOT{ FRONT DETAIL OF TYPICAL STORM WATER ROW PATTERN FOR INDIWOUAL LOTS NOTE BUILDER 10 ENSURE POSITIVE DRAINAGE AWAY FROM SIRUCRpR(S) I— 1000.01- PROPOSED GRADE 000.0 - EXISTING GRADE LOT N23 43 LOT p22 FIN. FLOOR = 844.5' GAR. = 843.8' LO"a21 SsJ 98.42' 8' tri NOTF' - Df6VE ENTRY TO CONFORM MTH OTy OF CARREL SID. — TIE LOCATORS 01U0490115, AND YAWN ALONG THE PROPOSED PUBLIC SIDEWALK WARE SCALED OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS PREPARED BY 0114612 OR AS PROPPED. — VERIFY SANITARY LATERAL LOCATOR PRIOR TO CONSTRUCDDN — U SHALL BE TIE R55PONSIBNTY OF 114E BUILDER/CONTRACTOR TO VERIFY THE BUILDING DIMENSIONS, BUILDING LCCATON.S. THE LOCATOR OF OTHER PERTINENT FEATURES AND ELEVATIONS PRIOR TO THE STMT Of CONSTRUCTION THE INTENDED USE OF THIS PWT PLAN 15 FOR BEMIRING B111DNC PERMITS ONLY AND 5114.12. NOT BE USED FOR ANY OTHER PURPOSE 11IUE LAND DEV'Ft0P.1EA cacsu.TI\G & LAND SLRVEY49G SERVICES 11650 Glia Rwd SALO:1000-299 Fishers, Indiana 46037 N®1111 P hove: (3174641-8754 GUT0 Ei_cm, Fax: (31746414762 E-mail: Troy(y humrzW6 Wy.wa 0RWN: TAT JOBB 15—A2 DATE 07/23/15 REV.: SCALE I" = 30' ZONING REQUIREMENTS: 13-7/BUSNESS, MIN. SDEYARD:U'. MN. AGO. SPEYARM. 0'. MN. REAR YARD: 5' MN. IAT Mom 29'. F.F,E. HSE 844.5' F.F.E. GAR: 843.8' F.F.E. BSM'T: N.A.