The URL can be used to link to this page

Home My WebLink AboutConsent to Encroach and Variance; 13062 Thurmond Way; Hofinger, Homeowners; NOTARIZEDDocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-566F285E825B 5/24/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Driveway Extension) at 13062 Thurmond Way Dear Board Members: A Consent to Encroach document signed by Ilofinger, Robert P & Stacy L, owners of the property with the common address 13062 Thurmond Way, 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 06/01/2022 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, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B rr e N M 0 ■ • ■ 0 ,JAMES BR AINARD, NJAYOR 5/24/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Driveway Extension) at 13062 Thurmond Way Dear Board Members: Hofinger, Robert P & Stacy L, owner of the property with the common address 13062 Thurmond Way, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Driveway Extension within a portion of the lot designated as an easement. Generally, the improvement is proposed to be installed at the location indicated on the attached exhibit. It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. (we will record the agreement for you). Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the improvement that, in the opinion of the City, represents a Detriment as defined in City Code. Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. Respectfully, Jeremy Kashman, PE City Engineer DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Hofinger, Robert P & Stacy L,13062 Thurmond Way, 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"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 30 ("Lot") in MELBOURNE ESTATES, 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 the reference; and WHEREAS, the official plat of the Subdivision was recorded in PC 3 SLIDE 91, Instrument Number 2002-86426 in the Office of the Hamilton County Recorder on 11/12/2002, as SHELBOURNE ESTATES (the "Plat"); and WHEREAS, the current Owner wishes to install a Driveway Extension and basketball goal 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 10-foot Drainage, Utility and Sewer Easement, identified as "10' D.U. & S.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 approves the Owner's request for a variance from Carmel City Code Section 6-227(4); 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. DocuSign Envelope ID: 11 CA898D-D269-4C41 -BA6C-5B6F285E825B 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 Improvment, 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 of the Site Improvement. 8. 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. 9. 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. 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B 11. 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. 12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 13. 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" PROPERTY OWNER P--r cP- . Rvt ,► �Cr�iZ Date: / (a L Z' STATE OF INDIANA ) SS: j COUNTY OF ! Lip ) PROPERTY OWNER Printed Name Signature Date: 1►� C . �"- F-� -i"w;,,illg e S�(-y Before me, a Notary Public in and for said County and State, personally appearedkD b� by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. l Witness my hand and Notarial Seal this ilday of '`" I�lIf 20 My Commission Expires: JASMINE MIAKHEL Seal Notary Public - State of Indiana Hamilton County My Commission Expires May 14, 2023 NO A PUBLIC JR( Printed Name My County of Residence: DocuSign Envelope ID: 11 CA898D-D269-4C41 -BA6C-5B6F285E825B "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY �Docu8tpned by: BY: "`---97258E 18Dfi437... James %ramard, Presiding Officer Date: 6/1/2022 D—Signed by: N-014QbUA lit, 1 i flftke, Member Date: 6/1/2022 DocuS1ty11ned by: 98VINN i , Member Date: 6/1/2022 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) —DoeuSipne`` dby S,.t (A -Al; Su`eWi%§M, Clerk Date: 6/1/2022 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 Sue Wolfgang, Clerk 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 1 St day of June 2022 011111" HOLLY J. HARMEYER \��eY PoZ� r �A.•••.,0 Notary Public, State of Indiana z;SEAL "= Hamilton County : •, • c Commission Number NP0737992 %��„Npi"` My commission Expires December 15, 2029 ARY PUBLI My Commission Expi 12/15/2029 Holly J. Harmeyer Printed Name Hamilton My County of Residence: This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation 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. Jon Oberlander, Esquire I 1:�0V2 DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B ' ". SHELBOURNE ESTATES QSTW M of MUM CONaU➢ON W Fan WM SECONDARY PLAT War '7 THE W.1/2, OF THE N.1/2, OF THE S.E.1/4, OF t' SECTION 30418N—W HAMILTON COUNTY, INDIANA K:,xhhi—b—itt A SChf r rzr• • The West Half of the North Half of the Southeast Ouorter of Section 30, Township 18 North, Range 3 East, of the Second Principal Meridian, in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast Comer of the said Southeast Ouorter Section; thence South 89 degrees 18 minutes 18 seconds West (Assumed Bearing) along the North tine of the said Sourthemt Ouerter Section o distance of 1312.24 feet to the POINT OF BEGINNING and the Northeast Comer of the West Half of the North Holt of the said Southeast Ouarter Section; thence South 00 degrees 29 minutes 09 seconds East olonthe East Line of the West Half of the North Half of the said Southeast Quarter Section a distance of 1313.11 feet to the Southeast Comer of the West Half of the North Half of the said Southeast Quarter Section; thence South 89 degrees 20 minutes 29 seconds West along the South Line of the North Half of the said Southeast Ouorter Section a distance of 1312.25 feet to the Southwest Corner of the North Half of the said Southeast Quarter Section; thence North 00 degrees 29 minutes 07 seconds West along the West tine of the said Southeast Ouorter Section a distance of 131298 feet to the Northwest Comer of the said Southeast Quarter Section; thence North 89 degrees 18 minutes 18 seconds East along the North Line of the said Southeast Ouorter Section a distance of 1312.24 feet to the BEGINNING POINT, containing 39.566 ores, more or less. THIS SUBDIVISION CONSISTS OF 42 LOTS NUMBERED 1 THROUGH 42 AND BLOCKS 'A', '0', 'C', '0' TOGETHER WITH STREETS AND EASEMENTS AS SHOWN HEREON. THE SIZE OF LOTS AND BLOCKS AND WIDTHS OF STREETS AND EASEMENTS ARE SHOWN IN FIGI)RES DENOTING FEET AND DECIMAL PARTS THEREOF. CROSS—REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER ZOOZ-1458'1 IN THE OFFICE OF THE RECOROER OF HAMILTON COUNTY, INDIANA. I, THE UNDERSIGNED, HEREBY CERTIFY THAT 1 AM A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA AND THAT THE WITHIN PUT REPRESENTS A SUBDIVISION OF THE LANDS SURVEYED WITHIN THE CROSS REFERENCED SURVEY PUT, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE HAS BEEN NO CHANGE FROM THE MATTERS OF SURVEY REVEALED BY THE CROSS—REFERENCED SURVEY ON ANY LINES THAT ARE COMMON WITH THE NEW SUBDIVISION. I FURTHER CERTIFY THAT THE SAID SUBDIVISION WAS PUTTED UNDER MY DIRECT SUPERVISION AND CONTROL AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF: WITNESS MY SIGNATURE THIS & 7 .__._O.-_._DAY OF ti^'r"_. 20D2 EOWARD D. GIACOLETTI d"'� $05� REGISTERED LAND SURVEYOR INDIANA — IS0560 *\ STATE OF *: This subdivislon shall be known and designated as Shetboume Estates an addition in Hamilton County, Indiana All streets shown on this Plot and not heretofore dedicated ore hereby dedicated to the public. The red estate described within this plot is hereby platted, subdivided and made subject to these plat, covenants, conditions and restrictions and is further subject to the terms, definitions and conditions of a certain declaration of covenants, conditions and restrictions recorded as instrument sdated _fir _f'4 2 In the Office of the Recorder of Hamilton County, Indiana. DocuSign Envelope ID: 11 CA898D-D269-4C41 -BA6C-5B6F285E825B 5 a 0 20 40 SCALE: 1 "= 40' z 0 0 W N 0 (a 0 C c V -, = PLAT OF SURVEY = This survey was prepared only for: David Bush Last Date of Fieldwork: 9-26-2006 Currently Zoned as: "One Family Dwelling" Exhibit B 1 N89'18'18" 219.18' Shelbourne Estates . 0 I Lot 30 /s.? { N ( P.C. 3, Pg. 91 2 Story Frame o wo Area = 0.681 Ac. Brick Deck N 3313.00 Sq. Ft. 7 a o � 0 0 � m `D 106.9' 6.3 m iy o 13 13 A/C rUnit S89'18'18"W 195.83' Lot 29 N Tran &-5.E. Telco /Ped. er LEGEND 1 o IRON PIN FOUND ® WATER METER + LIGHT POLE Qs SANITARY SEWER z Area I hereby certify to the parties named above that this survey was conducted under my direct supervision and that, to the best of knowledge and belief, this plat of survey and report conforms with the requirements contained in Title 865, Article 1, Chapter 12, of the Indiana Administrative Code for a RETRACEMENT SURVEY. ��61STERf� CERTIFIED: October 2, 2006 = N0 �'� , t{ ti,. Foster Land Surveying, Inc. LS 20500003:'�4r James A. t STATE OF Z—�''"" ��• MAPPING SUBDIVISIONS - SITE DESIGN N Registered Land Surve or, 1 •• "�V.D P\BOUNDARY - TOPOGRAPHIC - LAYOUT Indiana # 20500003 ///IIISr�\8801SPINNAKERCr. INDIANAPOLIS,rN46256 (317)594.9933 I Property Address: Thunnond Way, Westfield, IN 46074 Revisions: County: Hamilton Project: 06-078 Owner: David Bush Drawn By: R. Thomas I Date: 10/2/2006 I Page 1 of 2 DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B CIT-YiA�b# CMEL ,JANIFN liHaiNAH ), i1ViAMIZ 5/24/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Driveway Extension) at 13062 Thurmond Way Dear Board Members: Hofinger, Robert P & Stacy t„ owner of the property with the common address I3062'fhunnond Way. have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Driveway Extension within a portion of the lot designated as an easement. Generally, the improvement is proposed to be installed at the location indicated on the attached exhibit. It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. (we will record the agreement for you). Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the improvement that. in the opinion of the City, represents a Detriment as defined in City Code. Petitioners shall obtain approval from the IIOA for installation of the improvement if such approval is required by the restrictive covenants of the development. Respectfully. Jeremy Kashman, PE City Engineer DocuSign Envelope ID: 11 CA898D-D269-4C41 -BA6C-5B6F285E825B 0 0 20 40 SCALE: 1 "=40' = PLAT OF SURVEY .= This survey was prepared only for: David Bush Last Date of Fieldwork: 9-26-2006 Currently Zoned as: "One Family Dwelling" Exhibit B at LEGEND o IRON PIN FOUND ® WATER METER + LIGHT POLE SANITARY SEWER N89*18'18"Elr mmon Area 219.18' Shelbourne Estates (N I P.C. L 3, Pg. 91 2 Story Frame z o o Area = 0.681 Ac. Brick 00 I I Deck r 1v 3313.00 Sq. Ft. ry + �• o�� wo ri � v 1a.4• m \ co a 0o a Q I o h a M i m 106.9' s o �43 pp 13 46� X 3 7` 34 8' Qh^ Irt A/C Untt �� II w N 41 Trans fq er t I S89'18'18"W Lot 29 195.83' Telco/Ped.r li . I hereby certify to the parties named above that this survey was conducted under my direct supervision and that, to the best of knowledge and belief, this plat of survey and report conforms with the requirements contained in Title 865, Article 1, Chapter 12, of the Indiana Administrative Code for a RETRACEMENT SURVEY. ``��11111►Irrll// \''C_ A. F�ST'� Tr P CERTIFIED: October 2, 2006 t; ' No, "Foster Land Surve in ,Inc, tS 20500003 _ Y-g �53,Mea_ t STATE OF '' Registered Land Surveyor, %,� '•.lHDIANp•'' O��`� MAPPING -SUBDIVISIONS SITE DESIGN Indiana #120500003 �'�,�9/J/� SUR�`y��`\ BOUNDARY - TOPOGRAPHIC - LAYOUT 8801 SPINNAKER CT. INDIANAPOLIS, IN 46256 (317) 594.9933 Property Address:13062 Thunnond Way, Westfield, IN 46074 Revisions: County: Hamilton I Project: 06-078 Owner: David Bush Drawn By: R. Thomas l Date: 10=006 I Page 1 of 2