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HomeMy WebLinkAbout14000 Twin Lakes - Olguta Buse and Rodrigo PerezCONSENT TO ENCROACH 2015061928 ENCR $27.00 12/04/2015 08:37:44AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1IIIII11111111I11IIIII IIIII IIIII IIIII IDII1111111111 IDII11111Ilii 1111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Olguta Buse & Rodrigo A Perez, 14000 Twin Lakes Circle West, Carmel, Hamilton County, Indiana 46074, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETFI: WHEREAS, Owner owns in fee simple Lot 157 ("Lot") in Lakeside Park Subdivision, Section Five 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 386, Instrument 2007060588 in the Office of the Hamilton County Recorder on October 24, 2007, as Lakeside Park Subdivision, Section Five (the "Plat"); and WHEREAS, the current Owner wishes to install a playset 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 Easement, identified as "20' 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 13; 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 Decx»+bcs 2, 20 IS . and L P WHEREAS, Owner anCity ackn ledge 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 tertns 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 othenvise, 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. R. 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" OLGUTA BUSE Signature Date: X360 61-2.01S- RODRIGO 1201S RODRIGO A PEREZ Signature � Date: t'(r,l 6� 20 /� STATE OF INDIANA y{ y �� ) SS: COUNTY An/1111� 1 Before me, a Notary Public in and for said County and State, personally appeared OLGUTA BUSE & RODRIGO A PEREZ, 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 ttJ day of f iteNeJf'Yi i(, 201. NO R) PUBLIC] .t My Commission Expires: LJ M 5. 1 Printed Name My County of Residence: "CITY" CITY OF CARMEL, INDIANA. BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY Ltt0 ntzzo ne James Brainard, Presiding Officer Date: r:�11�, Mazy Ann 'urke Me her Date: Lori Watson Date: c ATTEST: a Cordray. IA Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON Sandra M Johnson Deputy Clerk For Before nte, a Notary Public in and for said County and State, personally appeared J VtEs-13R7VINA'RD; 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 jn ndru acMn%cn, e_pu Safety, and DIANA-L—€ORDR*Y, Clerk -Treasurer of TI -IE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. Nd c C -141'-D 4O�� Witness my hand and Notarial Seal [hil day of �% 2//I� J -. Cly l�Gi. NOTARX PUBLIC t� My Commission Expires: C. () n`tm. UaVt 3 /J// 7 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 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 157 1N LAKESIDE PARK SUBDIVISION, SECTION FIVE RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON OCTOBER 24, 2007 IN PLAT CABINET 4, SLIDE 386, AS INSTRUMENT #2007060588 LAKESIDE PARK INST.N2007-060588 LOT #157 - SECTION 5 CITY OF' CARMEL, INDIANA 14000 TWIN LAKES CIRCLE WEST LOT SIZE: CONC. DRIVEWAY: PUBLIC WALK: PRIVATE WALK: SEEDING: SOD: 18,461 SQ.FT. 1,318± SO.FT. 347± SQ.FT. 210± SQ.FT. 9,078± SQ.FT. 574± SO.YD. 0 M EXHIBIT B PLOT PLAID "P„ PREPARED FOR DREES HOMES 1\ /1 FRONT DETAIL OF TYPICAL STORM :LATER FLOW PATTERN FOR INDYdDUAL LOTS NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM STRUCTURE(S) HOUSE TYPE: OP TIONS: a Op GRADE FLOISLINE_, AS PER PLANS TYPICAL SWALE SECTION LANGDON - "J" - 24'x12' CONCRETE REAR PATIO - 3 -CAR SIDE -LOAD GARAGE - 2 -FT EXT. TO REAR OE HOUSE ( 6' PROP, DRI,E NN i (i LOT /157 N w s 1 18'4 18,451 S.E. P1 -A1 SE 3 -CAR GARAGE n6.00' PROPOSED 2 '° RESIDENCE 917 F.F. - 917.8' esker 90'7.c• LATERAL SUMP DRA Col 10' S.S.r_ ``\``O '1/4 ' `Qc**NoRo%`• LS20300026`• * STATE OF .!A/ORC) �9ti0 •........: ' ///hrrnS atiu fl " 0 0 51.64' 5.31 , A. SR. ONLY) Cr.NiK Ci No Hutu 0 0 0 WI JUk .000 n 0 n 000 CITY 0 ' ARMEL JAh9Es BRAINARD, MAYOR November 10, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —14000 TWIN LAKES CIRCLE WEST — PLAYSET IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Mr. & Ms. Rodrigo Perez & Olguta Buse, 14000 Twin Lakes Circle West, is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of 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\14000TW I NLAKESCI RCLEW ENCROACHMENT. DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARVIEL, IN 46032 OFFICE 317.5712441 FAX 317571 2439 ISJIAIL cnginecring4cnrmcl.in.g(A J1Jt W o 0 0 u0ulf oio n ®Q OOo; CITY `O ' ARMEL November 10, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (PLAYSET IN EASEMENT) —14000 TWIN LAKES CIRCLE WEST, CARMEL INDIANA 46074 Dear Board Members: Mr. & Ms. Rodrigo Perez & Olguta Buse, owners of the property with a common address of 14000 Twin Lakes Circle West, (Lot 157, Lakeside Park Subdivision, Section 5), have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a playset in a portion of the lot designated as an easement. It is not expected that the installation of the patio 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 playset 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 playset 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 beyond what is needed to place playset. 5. Patio may only encroach 2' into the 20' easement and must not block drainage in the swale. Sincerely, Jeremy Kashman, P.E. City Engineer 5:\BP W 15\14000TW IN LAKESC IR CLEW R EQU ESTFO RVA R IA N CE P LAYSET. DOC DEPARTMENT OE ENGINEERIINC ONE CIVIC SQUARI; CARMEL; IN 46032 OFFICE 317.571.2441 Fax 317.571.2439 FMAII. c neering©carmel.in.gov EXHIBIT B LAKESIDE PARK INST.#2007-060588 LOT #157 - SECTION 5 CITY OF CARMEL, INDIANA 14000 TWIN LAKES CIRCLE WEST LOT SIZE: CONC. DRIVEWAY: PUBLIC WALK: PRIVATE WALK: SEEDING: 50D: 18,461 SQ.FT. 1,3181 SOFT. 347± SOFT. 210± SQ.FT. 9,078± SQ.FT 574± SO.YD. 0 M 11 PLOT PLAN 3t PREPARED FOR DREES HOMES t ,1 �\n/1 1 FRONT DETAIL OF TYPICAL STORM WATER FLOW PATTERN FOR INDIVIDUAL LOTS NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM STRUCTURE(S) HOUSE TYPE: OPTIONS: tt GRADE FLOIhtINEY AS PER PLANS TYPICAL SWALE SECTION LANGDON - - 24'x12' CONCRETE REAR PATIO - 3 -CAR SIDE -LOAD GARAGE - 2 -FT EXT. TO REAR OF HOUSE (U.BR. ONLY) \// 05.00' PROPOSED RESIDENCE,o 2W F.F. - 917.8' , z BSM'T = 907. ' h 4.00' I.op; 7 N1 ¢m 00 n. 151.64' 1 .' V1STEq•• . • � N0. FO •• zk LS20300026.`• *14 STATE OF ; iI7A 0/ S U Rv 11Y,Y�x \\` _1 a-66 �u rt