HomeMy WebLinkAboutConsent to Encroach and Variance; 849 Freeland Way; Johnson, Homeowners; CTEDocuSign Envelope ID: EEB8DDAA-244B495A-8E87-2D27A86llA8B
CIn' `6' v CAkM EL
JANIHN BRAIN RD, NIAN-OR
6/8/2022
Board of Public Works and Safety
One Civic Square
Carmel. IN 46032
Re: Request for Variance (Window well) at 849 Freeland Way
Dear Board Members:
Johnson. Duncan & Sally h&w, owner of the property with the common address 849 Freeland Way. have requested a
variance from the Carmel City Codc Section 6-227(a)(4) for the installation of a Window well 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.
Respectfully,
Jeremy Kashman, PE
City Engineer
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
7.
G
f
N
w�
Y
a
�
O
N
W
Q
2
N.
of
0
Q
r
z
x
1
mu
�
h
y
0
b
0
z
W
W
J
SN'�
ri
ILA rp ,L91C
bl in
�
th
N
I F �
F- C11
O �
n
�
N<
n
<}
N
I
5.83'
Q;o
u
N
gl'- Ir�aoa
2.00'
6.17
m
a o�rai�i
i
t
2.67'
�nwma"'o
b
a
amslWifaa
{
�cam�s
W
�1 1
w
I o�
m
0
W
MF�^
OH
O
�2
,,yy N
�glp�2 d. ry
H
J O
�Hy1H M
Seli
O
9 �
DocuSign Envelope ID: EE68DDAA-244B-495A-8E87-2D27A8611A813
C ITS -C.)-# 'CARM EL
JAXIES 13RAINARD, tIVIAN-OR
602022
Board of Public Works and Safety
One Civic Square
Cannel. IN 46032
Re: Consent to Encroach (Window well) at 849 Freeland Way
Dear Board Members:
A Consent to Encroach document signed by Johnson, Duncan & Sally h&w, owners of the property with the common
address 949 Freeland 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/I5/2022 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
AIIACHMENT: CONSENT I'O ENCROACH DOCUMENT
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
:cc
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Johnson, Duncan & Sally h&w. 1949
Freeland Way, Carmel, Iamilton County, Indiana 46032, (individually and collectively, "Owner"). and time City of Carmel. Hamilton
County, Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSE•TH:
WHEREAS. Owner owns in fee simple Lot 56 ("Lot") in NORTH END, section I, 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 6 SLIDE 78, Instrument Number 2021-19541 in the Office of the
Hamilton County Recorder on 03111 2021, as NORTH END, section I (the "Plat"); and
WHEREAS, the current Owner wishes to install a window well 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 "5' U.C•."on Exhibit B (the "Easement"); and
WHEREAS, the Basement 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 13: and
WHEREAS, City of Carnncl 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 impro-ements
not indicated by Owner on Exhibit 13: and
WHEREAS, the location of the Site Inmprovennent as indicated by the Owner on Exhibit 13 should not materially
interfere with the City's use of the Easement.
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A86
NOW. THEREFORE. tier and in consideration of the mutual covenants and agreements contained herein and
ether good and valuable consideration, the sufficiency and receipt oi'which are hereby acknowledged. the
parties mutually promise. agree and cu+enant as follows:
1. The foregoing preambles, recitations and delinitions are made a part hercofas though such were fully
set forth herein.
I'he 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 othenwise
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 utherwwise enter on, in. under, over, or upun the propcuty 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.
`t. The parties agree that the teens 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 ellcctiwe as ol'thc date on which it is last executed by a party hereto.
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2027A8611A86
I 1 The Owner agrees to pro% ide 1011 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 eftcctiN c date ul'this Agreement.
12. Owner aorces 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
Sally Johnson
Printed Name
s
Signature
5-27-22
Date:
STATE OF INDIANA 7
SS:
COUNTY O4 LTV >` )
PROPERTY 011 WER
Duncan Johnson
Printed Nnl'W_
Signature 5-27-22
Date:
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 C
her voluntary act and deed. %�] % ,
Witness my hand and Notarial Seal thioL day of Akoy, ?t>�
U41 ILL.
My Commission Expires: NOTARY PUBLIC
0A At N 6 j U1 ZZ ZD .-I _
,,",pI$ I of l Fro"""
NOTARY PUBLIC
Commission Number ,
* NP0722556 kf
C.
••°a NOTARY SEAL C�
''�''�q� fOFr�IN��P`'••
J i .e
NCROACH' as his or
Y6�
Printed Name
My County of Residence:
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
"CITY"
CITY OF C'ARMEL. INDIANA,
BY AND THROUGH ITS BOARD OF
PI:BLIC WORKS AND SAFETY
DocuSigned by:
BY: 2 A, "j
Janes Brainard, Presiding Officer
Date, 6/15/2022
Docuftned by:
xr n"trr- c, Member
Date: 6/15/2022
DmuSigned by:
Yi 6
Lori'V&MbWPWfter
Date: 6/15/2022
STATE OF INDIANA )
SS:
COUNTY OF HAM II -TON )
DocuSignedd�by: Site Woltgang, Clerk
Date: 6/15/2022
Before me, a votary Public in and for said County and State. personally appeared JAMES BRAINARD.
MARY ANN BURKE and LORI WA*I'SON, by me known, and by me known to be the Members of the City of
Cannel Board of Public Works and Safety, and Site 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 15%,,y or June 20 22
PA*Y P 1 HOLLY J. HARMEYER
aoP• •�a,5. Notary Public, State of Indiana
=;SEAL:"= Hamilton County
* •, • ; Commission Number NP0737982
My' Commission Expires '4��tiO pNP C My Commission Expires NOTARY PUB
December 15, 2029 Holly J. Harmeyer
14/15/2029
Printed Name
My County of Residence:
Hamilton
Thi, instrument was prepared by Jon Oberlander. ('squire. Assistant Corhoratiun COtaSCI, One CiVic Square, Carmel,
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 lase. Jon Oberlander, Esquire
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
J� g. 4..
CJ N of � 'Q •G w"
CD
Cz
g v V o Q
CD .� C o
C • • � .� � � .{Q �O � � � C � I�IIIfN
lowk
43
rim
aft• tp+�1 � L !7
do CAM
N v)
C'S p '- III �••a...•�����
,gam in °c r N
g 00 v J w 7
CO
Og�N
.J 0 O C L 4
O
_rs
_
bV
lcm
V
►. t�G fl N .� G O C7 N sE N R :5 M W J O ti. W