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HomeMy WebLinkAbout13073 Broad Street - Munson, Peter/Lisa2016025505 ENCR $27.00 06/03/2016 04:16:37PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111111111111 IN CONSENT TO ENCROACH `<\ THIS CQNSEM' TO ENCROACH (hereinafter the "Agreement") is entered into by and between Peter Munson, & Lisa Munson. 13073 Broad Street, Cannel, 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 (°`pity"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 356 ("Lot") in Village of WeslCliay; Section 10005 which is Iocated within the corporate limits of the City, of Carmel, Indiana C Subdivision"), which real estate is more particularly described in Exhib_ , it�A., attached hereto and incorporated herein by this reference; and. WHEREAS, the official Plat of the Subdivision was recorded in Plat Cabinet 2, Slide 297, Instrument Number 199909946966 in the Office of the Hamilton County Recorder on August 9, 1999, as Village of WestClay, Section 10005 (the "Plat"). and WHEREAS, the current Owner wishes to .install a fence, landscaping, patio, and outdoor structure 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 xhick is attached hereto and incorporated herein by this reference as Exhibit L3; and NVIIERI A:S, the Site Irnprovemert will be constructed on Portions, of the Lot designated as 15' Drainage, Utility, and Sewer Easement and 20' Drainage, Utility., and Serer Easement, identified as "20' DU&SE" and "15' DU&SE 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 3'uv►C.112.0 16 ; 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 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. 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. 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 or 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 thirough 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 casement 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" PE, TE�� 7, 2nINSON Signature. - Date. - LVK:4� MUNSON "-s<ignature Date: STATE OF INDIANA 4- ) SS: COUNTY OF , 1-' lam.. k 0 i Before me, a Notary Public in and for said County and State, personally appeared PETER MUNSON & LISA TVILTMOINT, 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 l day of ---- ----------- j47 ,6T,*y PUBLIC My "nulussiou )-.Xplres----------- %01140' JULIA E DISBRO NOTARY PUBLIC Z' 0 STATE OF INDIANA ry BOONE COUNTY COMM. F, My County of Residence: "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: mes Brainard, Presidin Officer f Pate: {� Mary Burke, Yembpr Date: ctr� Lori Watson, Member Date: ATTEST: tl�$ Christine S. Pauley/Clork-Treasurer Date: r r t 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 LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and CHRISTINE S. PAULEY, 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 day of Myimission Expires: 0' e7 NOTARY'P IC Printed Name My County of Residence:_ -iZzza 'T d This instrument was prepared by Douglas C. Haney, Esquire, Corporate Counsel, 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 356 IN THE VILLAGE OF WESTCLAY, SECTION 10005 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON AUGUST 9, 1999 IN PLAT CABINET 2, SLIDE 297, AS INSTRUMENT NUMBER 199909946966 E=-XHIBI'T B Munson Residence jg 13073 Btbad Street V-111age of aay �k 'PLANTING PLAN C May 24, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: CONSENT TO ENCROACH —13073 BROAD STREET — OUTDOOR STRUCTURE, FENCE, LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Peter & Lisa Munson, owners of the property with a common address of 13073 Broad Street 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 June 1, 2016 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: CONSENTTO ENCROACH DOCUMENT S:\BPW16\13073BROADSTENCROACHMENT.DOC DEPARTMENT OF ENGINEERING ONE Cmc SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering@carmel.in.gov May 24, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE. REQUEST FOR VARIANCE (FENCE, LANDSCAPING, OUTDOOR STRUCTURE IN EASEMENT) —13073 BROAD STREET, CARMEL INDIANA 46032 Dear Board Members: Peter & Lisa Munson, owners of the property with a common address of 13073 Broad Street, have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence, landscaping, and outdoor structure in a portion of the lot designated as a 15' & 20' Drainage, Utility, and Sewer 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 petitioners adhere 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 improvements that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Petitioner shall locate underground utilities and ensure that fence posts avoid this infrastructure. 4. Petitioner shall ensure that all trees planted are located away from the storm sewer lines to prevent issues with tree roots affecting the storm pipes. 5. Petitioners shall obtain approval from the HOA for installation of the improvements if such approval is required by the restrictive covenants of the development. 6. Petitioner shall obtain any required Right of Way permits and building permits from the Engineering and Building and Code Services Departments. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BP W l6\13073B ROADSTREQU ESTFORVARIANCEFENCELAN DSCAPI NGPATIOOUTDOORSTRUCrU RE. DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov Fig! :3es€ O a a�ai -z �e3 t13 �Pg 5 r o F�6 tsm IWI � yew « �.., ®■, rf5 l i■ � c�� ! s v o1 m ^=~+_` oma.-a�;a�, f ���E.o�-�► tt^^3] 4��� �J v •>b _�© F�6 tsm IWI � yew « �.., ®■, rf5 l i■ � c�� ! s v o1 m CD i P'm 1 � 1 a 'a N A $ Munson Residence 13073 Broad Street Village of West Clay PLANTING PLAN f v •>b _�© e; CD i P'm 1 � 1 a 'a N A $ Munson Residence 13073 Broad Street Village of West Clay PLANTING PLAN