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HomeMy WebLinkAboutColvin - 14529 Taylor Trace Drive2018011205 ENCR $25.00 03/20/2018 01:56:45PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II I I II II V I I I III II CONSENT TO ENCROACH d� THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Timothy and Monica Colvin, 14529 Taylor Trace Drive, 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 4 ("Lot") in Taylor Trace 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 3, Slide Number 131, Instrument Number 200300006061 in the Office of the Hamilton County Recorder on 1/15/2003, as Taylor Trace (the "Plat"); and WHEREAS, the current Owner wishes to install a pool, concrete patio and retaining wall 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 and Utility Easement, identified as "30' Drainage and Utility Easement" 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 a IIS and WHEREAS, Owner and City acknowledge the location of the Encroachment; and a 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: I. The foregoing preambles, recitations and definitions are made apart 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. 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 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" Timothy Colvin Signature Date: Monica Colvin Signature Date: STATE OF INDIANA ) SS: COUNTY OF Oh Before me, a Notary Public in and for said County and State, personally appeared Timothy and Monica Colvin, 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 d�day of re4rWevu 20LIf. My Commission Expires: 7-,5-.2 oo „ice it OFFICIAL SEAL JOHN JAMES COX NOTARYPUBLIC -IND IANA `\ P HAMILTON COUNTY My Comm. E)(plms July 5, 2020 ' T LIC Jp., n,�s Printed Name My County of Residence:ctm ®�yl "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: 9, 'Jes Brainard, Presiding Officer Date: . .9 % ' /P Date: Lori' Date: ATTEST: Christine S. Pauley, Cler reasurer 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 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 &d -ay of , 20�u. NOTARY PUBLIC My Cammission Expires: Gni UV a-L�t-M t t(y l lc 2 Printed Name D'A'dNF 1A'4LTHALL Notary Pouitu My County of Residence: Hamilton Gounry My Cotnm'ssio �x its r tee, Corpor This instrument ate 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 I, the undersigned, a registered land surveyor In the State of Indiana, hereby certify that the within plat represents a subdivision prepared under my supervision of the following described real estate located In the Northwest Quarter of Section 20, Township 15 North, Range 4 East of the Second Principal Meridian In Clay Township, Hamilton County, Indiana: Commencing at the Northwest comer of the Northwest Quartor'of Section 20, Township 18 North, Range 4 East; thence North 90 degrees 00 minutes 00 seconds East (assumed basis of bearings) on the North line of sold Northwest Quarter 200.00 feet to the Northwesterly corner of real estate conveyed to the Hamilton County Highway Department of Hamilton County, Indiana, per a Warranty Dead recorded as Instrument Number 199909972212 In the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 47 minutes 19 seconds East on the Westerly line of said real estate 53.48 feet to the Southwesterly comer of said real estate, said comer being the place of beginning of the within described subdivision; thence North 90 degrees 00 minutes 00 seconds East parallel with the North line of sold Northwest Quarter and on the South line of sold Highway Department real estate 308.09 feet to a point on an Easterly line of land deserlbed In a Warranty Deed recorded as Instrument Number 200200071091 In said Recorders Office, sold fine extends South 00 degrees 44 minutes 55 seconds East from a point on the North line of sold Northwest Quarter that is 508.13 feet East of the Northwest comer of sold Northwest Quarter; thence South 00 degrees 44 minutes 55 seconds East on sold line 146.52 feet to a point that is 200.00 feet South 00 degrees 44 minutes 55 seconds East of said North line; thence North 90 degrees 00 minutes 00 seconds East parallel with said North line 150.00 feet; thence South 00 degrees 44 minutes 55 seconds East on the Easterly line of sold real estate described In sold instrument Number 200200071091, a distance of 454.56 feet to the Southeasterly comer of sold real estate, sold comer being on the North line of Worthington Estates. Section Three, a subdivision In Hamilton County, Indiana, as per plat thereof recorded In Plot Cabinet One, on Slide 644, as Instrument Number 9565242 in sold Recorders Office; thence North 90 degrees 00 minutes 00 seconds West on the South line of sold real estate 457.67 feet (measured, 457.76 feet per the aforesaid Warranty Deed recorded as Instrument Number 200200071091) to the Southwesterly corner of said real estate on a line that Is parallel with and 200.00 feet East of the West line of sold Northwest Quarter, thence North 00 degrees 47 minutes 19 seconds West parallel with sold West line 601.09 feet to the place of beginning, containing 5.813 acres, more or less. Subject to all legal easements and rights—of—way. This subdivision oonsists of twelve (12) lots, numbered 1 through 12, together with three (3) areas designated as Block "A", Block "B" and Block "C", and also rights—of—way for a Street, all as shown on the within plat. The size of the lots and width of the street right—of—way Is shown in figures denoting feet and decimal parts thereof. 1111111 y``p111 flgr� WIl-na33,4Py signature fhlday of 4110 a ? 2002 ian H. We he, a S. I dtt a H 10 98 re undersigned; g' r4ngmill �u(c�ore, pric., ie owner and dove$g� of p�T�in described real estate, by Kent Shipley and Marvin Taylor, do h db c y$t t e have laid off, platted and subdivided and do hereby lay off, pt d diode a�d: real estate In accordance with the within plat.�i �M.� m This subdivision shall be known and designated as TAYLOR TRACEVy" subdivision for single family residences in Hamilton County, Indiana. X1111111111111 All streets shown hereon and not heretofore dedicated are hereby dedicated to the public for the purposes Intended. This sub visl n s 9 bet to the covenants and restrictions recorded as Instrument (lumber In the Office of the Recorder of Hamilton County, Indiana.�� WI ur signatures this �3 day of &� 2002 pringml (dere, Inc. Sprfngmlll Builders, Inc. by Ken ipley by Marvin Taylor � 4 County of rry FiledlforlReeard in �E S HAMILTON COUNTY INDIANA F ) JENNIFER J HRYD&N State of Indiana 01-15-2003 01:04 pm. Before me, the undersigned Notary rucu lin ana ror saicluounry ane brace; personally appeared Springmlll Builders, Inc. by Kent Shipley and Marvin Taylor, who acknowledged the execution of the foregoing as their voluntary act and decd for the purposes therein expressed. c - Witness my hand and Notarial Seal this d -day of -r) � 02. Signature: Printed name: tyangft My Commission expires: r — — My County of residence: IV Sheet one of one TAYLOR TRACE M PLOT P L_A INST.#2003-00006061 II LOT #4 — SECTION 1 PREPARED FOR CITY OF CARMEL, INDIANA DREES HOMES 14529 TAYLOR TRACE DRIVE HOUSE TYPE: SAVOY - "B" - FULL BASEMENT OPTIONS: - 12'x10' CONCRETE REAR PATIO - 2 -CAR FRONT -LOAD GARAGE LOT SIZE: 12,455 SQ.FT. CONC. DRIVEWAY. 7341 SQ.FT. PUBLIC WALK: 328± SQ.FT. PRIVATE WALK: 81± SQ.FT. SEEDING: 4,671± SQ.FT. SOD: 572± SQ.YO. GRADE FLOWUNE�X AS PER PLANS TWICAL SOALE SECTION FRONT DETAIL OF TYPICAL STORM WATER FLOW PATTERN FOR INDIVIDUAL LOTS NOTE: BUILDER TO ENSURE POSITIVE DRAINAGE AWAY FROM STRUCTURE(! 146' in total N -S Lenath J N NOTEE DRIVE LOCATIONS. S. CONFORM WITH CITY WIDTH CARMEL STD. - 1FiE LOCA710N5, ONFN90N5, AND NiDTH ALONG THE PROPOSED PUBLIC SIDEWALK WERE SCALED OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS PREPARED BY OTHERS OR AS PROVIDED. - VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION - IT SHALL BE THE RESPONSISIUTY OF THE BUILDER/CONTRACTOR TO VERIFY THE BUILDING 000.0 — PROPOSED GRADE DIMENSIONS, BUILDING LOCATIONS. THE LOCATION OF OTHER PERTINENT FEATURES AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THE INTENDED USE OF THIS PLOT PLAN IS 000.0 — EXISTING GRADE FOR SECURING BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTHER PURPOSE. ]ANDDCVFLOPAMCG'aMTfNG DRWN: TAT DATE: 11/30/10 SCALE 11 LAND SURVEYING SERVICES JOB* 10-383 REV - True N rfh 11M0u0ROAD, SrFJIDOW89 ZONED: I F.F.E. HSE: 845.3- SUNey i LLG PHONE FMMES, ZONING: SPECIAL SIDE F.F.E. GAR. 844.4' rX�, (3I"1$734 F.F.E. BSM'T. 835.3' ..,.......,.............�",..�. �,er..nn.,. FAX-.(317WI4762 REAR _ 1 ++ t CITYO ARMEL JANIES BRAINARD, VIAYOR February 7, 2018 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (pool, patio and retaining wall) at 14529 Taylor Trace. Drive. Dear Board Members: A Consent to Encroach document signed by Timothy and Monica Colvin, owners of the property with the common address 14529 .Taylor Trace 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 February 21, 2018 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, 0--�;2�,� Jeremy Kashman, PE City Engineer ATTACHEMENT: CONSENT TO ENCROACH DOCUMENT J,sovms BRAINARD, MAYOR February 7,2018 Board of Public Works ,and Safety One'Civic Souare Cannel, IN'46032 Re:Reggest for. Variance (pool, patio and retaining wall) at 14529 TiLylor ra e T c 'WiVe. Dba* f.B04fdMernbers: Timothy dMonica Colvin, .owners .6f the property:with th6.c6hnbn ad. s'-29 Taylor havO.requested avariance from CarnO'Clfy Code Section §6-227 (a)(4) for the installation of a pool) patioand•retaini wall Within.A.portiog:of the lot,d'es"' ted. as,anpa�se t'.Generally;thi 49 ign .: P Unproverriph igpr6posedto-beinstalled at th lo -cation "indicated orithdattached exhibit. It is not expected 64t'thdf6V6 h 'd location will result inents At the propose oc4ti : o a D -& (as defined,b y City, Code) to the subject : property or :the: adjacent properties:.(provided the, petitiqqq adheres to the 'conditions rec6ftAnbndeA:b-eloW). The Eft D --ft- 't c6ftiffiOnds that INd Board en.,TQ approve the variance .cbndiifiiondd, uponthe -following s4i cu sod With the petitioners):; 'l. Petiiioiiersenter :into aC-bnsentiorEnoroachAgreement lwith the City` will .record the i qgrqement for. You) I petlti6ners:(and successors and ;assigns) ag' to "Mn.ed.,y any dra1h4ge is -sues. ;resulting iAg from the.installation-of th' thin the opinion 0f the City, represents a: Dtrment as: dofined,m City Coder 3. Petitioners'shall obtain approval:from the HOA for installAtion,Dtthe improvementf i such approval is required by the re . st4dtiV.e,-c0vdhahts- of e� develop idiA y el the; ii 4. Petitioner shaft :ensure that the.swale is' graded according to the approved swale cross, section for Taylor Trace. ar AIM 34!