The URL can be used to link to this page

Home My WebLink AboutConsent to Encroach and Variance; 6932 Pickett Place; Evans, Homeowners; CTEDocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B IT'S' EL JAatt:s BRnIVAHD, �IMAYOR 6/8/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Patio extension) at 6932 Pickett P1 Dear Board Members: Evans, Jessica N & Brandon R w&h, owner of the property with the common address 6932 Pickett PI, have requested a variance from the Carmel City Code Section 6-227(ax4) for the installation of Patio 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 Gnginccr DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B Ezhibil B ,04t�zz S T 0 E P P E L W ' E R T H 4 •;• ► ALWAYS ON 7965 Eat 100 Street, Fishers, IN 46038-2505 phone, 317.849.5935 fox: 317.8495942 (PIN) THE FOOTINGS FOR THIS HOUSE SHOULD BE PINNED SINCE THERE IS LITTLE Olt NO TOLERANCE ON THE BUILDING LINE SETBACK, CALL US MEN FOOTING IS IN SO WE CAN SCHEDULE PINNING. MODEL- DMIKELEY F.F.ELEV.m 759.83 (SLAB) (RH) 2.00 LOT 1 VACANT 535 to ONU ►— O . N JOB 1D GLEG48�136 ._ CONTROL# 99843 PYATT__ 6932 PICKETT PLACE CARMEL, IN 46033 1" - 30' LOT AREA: 4,129 Sq. Ft. .F LEGEND: Cll%.Xj PROPOSED GRADE PER PLAN XX.XAB AS OUR T GRADE SUB -SURFACE DRAIN SANITARY SEINER V AS BLIV SANITARY LATERAL -- — - - - -•-- 6' PROPOSED SAM rARY LATERAL STORM SERER ----- 3/4- WATER CONNECTION w WATER MAIN • • �-- SWAtE �r SANITARY MANHOLE ar� sTGRM uANHaF ■ CURB INLE T FIRE HYDRANT 4 EMERGENCY FLOOD ROUTE In pQ WAFER VALVE 0&UIt. DRAINAGE h UTILITY EASEMENT B.L. DUIIDING LINE I.E.E. INGRESS/EGRESS EASEMENT P.A.C. PEDESTRIAN ACCESS FASCUFNT D.0 &S.S.C. DRAINAGE, UTILITY k SANITARY SEATR EASEMENI M.F.F. MINAMUU FINISHED FLOOR ML.A.G. MINIMUM LORLS7 ADJACENT GRADE DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B IU-1 IF I i H I C ITNr-OF � MEL JANu.s BRAINARD. MAYOR 6/8/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Patio extension) at 6932 Pickett PI Dear Board Members: A Consent to Encroach document signed by Evans. Jessica N & Brandon R %v&h, owners of the property with the common address 6932 Pickett PI , 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 06/151202213PW 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: EEB8DDAA-244B-495A-8E87-2D27A8611A8B CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Evans. Jessica N & Brandon R w&h, 6932 Pickett PI, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County. Indiana, by and thmugh its Board of Public Works and Safety ("City"). WITNESSETIL WHEREAS, Owner owns in fee simple Lot 136 ("Lot") in GROVE AT THE LEGACY, section 4B, which is located within the corporate limits of the City of Cannel, 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 6 SLIDE 65, Instrument Number 2021-14698 in the Office of the Hamilton County Recorder on 02/23/2021. as GROVE AT THE LEGACY, section 4B (the "Plat"); and WHEREAS, the current Owner wishes to install a patio extension 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 15-foot drainage and utility casement, identified as 15' D.&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 Carnet 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 localiun 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: EEB8DDAA-244B-495A-8E87-2D27A8611A8B 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: The foregoing preambles, recitations and definitions are made a part hereof as though such were filly 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 behal IF of the party which they represent. 10. This Agreement shall be effective as of the date on which it is last executed by a parry hereto. DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B 1 l . 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 eater on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. f[ilriRtCV PROPERTY OWNER ne Signature Date: wt W 122 STATE OF INDIA 1 SS: COUNTY OF +a/1 PROPERTY OWNER e s, r ,, Printed Name — 1 2, nature! Date: ! d ) (Z I z 2-- Before me, a Notary Public in and for said County and State, personally appeared 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 V day of 20 4- My Commission Expires: `��rs11111111//�� SLIC/f �� J`•• •••tiy�pIRESpb•••• 'err ��\O!, PAY ?gee • r r } C1 r S O PV� 2• Z � SrArE of NOTARY PUBLIC: Printed Name My County of Residence: Gv/2 DocuSign Envelope ID: EEB8DDAA-244B-495A-BE87-2D27A8611A8B "CITY" CITY OF CARMEL, INDIANA. BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY DocuSigneedd by: ( � BY: Jarncs Brainard, Prcsiding 6/15/202Officer Date: � DocuSlgned by: ffrkc, Member Date: 6/15/2022 Oxuagne�y: vi UlafseN, o 6/15/2022 Date: STATE OF INDIANA 1 ) SS: COUNTY OF HAMILTON ) — DocuSigned by: sum. wo► Sue Wolfgang, Clerk Date: 6/15/2022 Before me, a Notary Public in and for said County and Stale, 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 ENCROACI I" on behalf of the City of Carmel, Indiana. Witness my hand antl Notarial Seal this 15tN,,y of June 20 ?2 HOLLY J. HARMEYER '�P• •••Ge Notary Public, State of Indiana Hamilton County • r Commission Number NP0737982 NO FARM PUBLIC My Commission Expires: ��'HpIANP+�� My Commission Expires December 15, 2029 12/15/2029 Holly J. Harmeyer Printed Namc My County of Residence: Hamilton This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel, Indiana 46032. 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 DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B N C ^! p Q m r" .Oy V. p r': O c 7 n cC?. rG' G .» V� ;' fG v: S O R• � � •--• !!� 7C7 C RR• ry C fA'• ry aVjCL `D rr O �• v Q O O w �r r n l O r G •!� f1: u r, in w � n 1 p v' rt� w v C� w» p. n f2 G. =r W 9 a fr o ru Er* •+� N• �; O' ffl, c w ;r rro s � o c N n G fr OR9 p� r A V. rr yy r �� v: trG fi Cr W^ C..! �. % C• O W 06 • i i C O' J b Er tA Cr O 0 • f10 O n � � � Z ryryQ O "�' A � O' S FP ro, o O go n y .� n C rr w � n 1 q'f 0 f3. �. a c 33- •+= f'•; < 0 0 0, c� ? g %' vo C a -r ry fi OD(AO �y' O » O iy 4a t t7 ci ..rrr ri �S th L rJ" O tL ,J C G !� G R O• E. v0, C� a v » n a ., e n C. .y 0 w� F n � n w n O ., fr .�» 70 0 Ao n o 7, F. p a- n o n o' c o u �' rS c a• nVy' W wg tf, n r�ryGp '{� R• (;.y S O C� CL s c po g o a yr Q• c to o y _ tA t j CL ., p rr 00 cr go '+ �r ^ f'r t: I f0 Tom+ �j 6L �y M ca. 0 IJ i n moo- r, go n r S p Q O th CJ R �. � �'• O• tT �1 ro w �/. .� rr ,O IJ O G, � C �' t!� ». � i 0 R- na r� 7d v, r14i O C R' r, O rc Q R i A0 to O rj� �y A7 Vy W Q 0 UO O rr A t r� t 7 n y O w CL rr a O .� fy �a do ,^,- R p f� ? R �w er w O O`G y �' f? C IS .-; p !L w i" W f4 G '3 CWY fi S C, Cr D' Cr ry f' 7S 71 7 W O :n :n r. y m D