HomeMy WebLinkAboutConsent to Encroach and Variance; 4958 St. Charles Place; Murphy, Homeowners; NOTARIZEDDocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B
CITY-bi I�C MWEL
JAJnLti BRAINARD, aNIAN'Utt
5/2512022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Pool, pool deck and hardscaping) at 4958 St Charles PI
Dear Board Members:
A Consent to Encroach document signed by Murphy, Patrick RitTe & Jessica Ann h&w, owners of the property with
the common address 4958 St Charles PI , is submitted to the Board I'or signatures. A variance for the encroachment is
also submitted to the Board of Public Works for approval during the 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,
Jer Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACII DOCUMENT
DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Murphy, Patrick Riffe & Jessica Ann
h&w, 4958 St Charles PI, Carmel, Hamilton County, Indiana 46033, (individually and collectively,
"Owner"), and the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 47 ("Lot") in KINGSWOOD, section 2, 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 PB 15 PG 102-104, Instrument Number 8743224 in the Office of the
Hamilton County Recorder on 09/23/1987, as KINGSWOOD, section 2 (the "Plat"); and
WHEREAS, the current Owner wishes to install a Pool, pool deck and hardscaping 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 5-foot utility easement ,
identified as "Y U.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
Cannel 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: 11CA898D-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
S. 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.
G. 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 terns 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 of edive as of the date on which it is last executed by a party hereto.
DocuSign Envelope ID: 11 CA898D-D269-4C41 -l3A6C-5l36F285E825l3
IL 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"
PROPER7T ONAGER
STATE OF INDIANA )
) SS:
COUNTY OF fYIL ayi )
PROPER77' OI1WER
Printed Name
Signature
Date:
Before me, a Notary Public in and for said County and State, personally appeared _ i CC A
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or 1 J
her voluntary act and deed.
Witness my hand and Notarial Seal this VVLd-ay of
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My Commission Expires: NOTARY BL1C J
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My County of Residence: f`f( t i-'Yl l l7 Q"
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DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
/Dow igned by:
BY:
am?i3t,*cjb�y Officer
Date:
Docuftned by:
eY1. II IA A. I°jI!vl.r_
py "EB�1/e�2 Member
Date: 6
D,-.Igoed by:
ovi
a
Lo ' 2pMember
Date: 6/1/2022
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON }
DocuSigned by:
Sue Wolfgang, Clerk
Date: 6/ 1/202 2
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
Cannel 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
My Commission Expires:
12/15/2029
'O{tY'P ,,/�� HOLLY J. HARMEYER
Via,%
o P
Notary Public, State of Indiana
7
Z'SEAL'"=
Hamilton County
r'•, . ? Commission Number NP073796
O'I ARY PUBLI
'r��•YQ�A�P���
My Commission Expires
December 16, 2029 Holly J. Harmeyer
Printed Name
My County of Residence:
Hamilton
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, fatless required by law. Jon Oberlander, Esquire
WISE,
DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E8256
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the undersigried, hcroby rccrtiry that the Within plat is e:;tion s74.
correct and ref)resents part or the S inthwcst 11i1t� aricir or
inr�i�ila,
Tc►� rtshi� 1`i t%'orth, Rangc d
baino more palrticulnrly described 7s f011ows'
Commettcins at 111c Northwcst curnet cif said SOL1111west Quarter;
thence South 0(i dcgrccs fl8 miriutc; 47 sccrfn�ls F�i"A, 1110np. the Wes'
line of said .SooithwCsl Qoartcr, 398.89 fact tv tilt Beginning Point,
thcnec Vorth 89 dcgrcas 54 r1tinutes 57 seconds East ;O11.36 flcet 10 V
oti,rvc huvin$ a radius of 773.00 feet, tic radius paint or w'hirh �b
South 00 dogices 03 rninutcs� 03 $coon �,ast: ihencc Lawrly, lan&
the said cur%T, 24.3,47 fcaL to a point whit.1i hears North 17 dc9rcc5
54 urinates 57 seconds t�.ast rrum said rtadi'o5 point,. t lrcnoo South 72
dcgr.eas 05 MityutCS 03 se. c0itds bast 182_66 fcct; thence A"orth l''
minutes 57 seconds )East 188.14 feet; thence S#oath 7
degices 54 '
15 seconds
ctagrecs 54 mc:ottd*.inutes L.astt t
3S ,00 Feet; thcn c South 00
degrees 00 Minutes 00 sc
de�reCS 00 miItut+cs 00 �ceonds East 138-39 rcct; t'henc�c South OE
degrces 33 rninUIC:K 53 seconds WCSI ?78.8$ fect�; tkleilC� �uuth (] then -cc South iE
de8racs 19 minutes 56 sccnnd5
Eastdeevccs 51 minutes 34 seconds Wcht 50.04- rent; thence &nuth t1-1
dcgreas 19 RI,nutes 56 seconds East 330.00 fleet; thence South 89
dcgr+e es -10 Minutes 04 seconds West 65'91fc;ct; t�tcnea 8auth OKtdegrees 19 minutes 56 secondsEast1: feet to the South line or
the North Half of said Southwest (,warier; thence L.outh 89 degrees
40 minutes 04 seconds 'West, along the said South line, 1164.0 feet t-n
the 80VOWCst cot -nor of said No; th Half Of s;tid Southwest Quarter;
1ficnce Nlorth 00 dobreas 09 minutes 4+ sc.COIlds West;, along (1w sold
West line, 928.(Uf1 feel to the Doginning Paint, coninining, 20,:25 acro,
more or less.
This subdivision consists of Sd lots tth)tpbcrod 22 through 7$, togothcr
will, streets, aasellicnts and public Mays 35 shOwn 4n the wit -'in plat.
The SiN or lots and widths of streets and calscnicnts oxe shown in
ClAurc3 denoting fcct land docirnlal putts thercor,
154 do oi' M Q t A,19 7
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DocuSign Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285E825B
,CAMEL
JAMES BRAIN.altl), i.,IAN- )tt
5/2512022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Pool, pool deck and hardscaping) at 4958 St Charles PI
Dear Board Members:
Murphy. Patrick RitTe & Jessica Ann h&w, owner of the property with the common address 4958 St Charles PI, have
requested a variance from the Carmel City Code Section 6-227(ax4) for the installation of a Pool, pool deck and hardscaping
within a portion of the lot designated as an casement. 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 I IOA for installation of the improvement if such approval is
required by the restrictive covenants of the development.
Respectfully.
Jeren Kashman, PE
City Engineer
DocuSigl
i Envelope ID: 11CA898D-D269-4C41-BA6C-5B6F285Ei825
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