HomeMy WebLinkAboutConsent to Encroach and Variance; 13991 Brookstone Drive; Stover, Larry L. II and Margaret R.DocuSign Envelope ID: 6A9F830C-961 C-41 CA-88AD-8D607A5F8670
r.
EL
JA.It:s BRAINAM), MAYOR
8/9/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (French Drain and fill inside swale) at 13991 Brookstone Dr
Dear Board Members:
A Consent to Encroach document signed by Stover, Larry L If & Margaret R h&w, owners of the property with the
common address 13991 Brookstone Dr , 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 08/17/2022 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,
J ;remy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: 6A9F830C-96lC41CA-88AD-8D607A5F8670
CONSENT' T'O ENCROACH \
`�✓q0
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Stover, Larry L II & Margaret R
h&w, 13991 Brookstone Dr. Carmel, Hamilton County. Indiana 46032, (individually and collectively, "Owner"), and the City of
Carmel, Hamilton County. Indiana, by and through its Board ol'Public Works and Salety
WITNESSI:TH:
WI IEREAS. Owner owns in fee simple Lot 2 ("Lot") in BLICKHORN 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 2 SLIDE 435. Instrument Number 2000-24961 in the Office of
the I Iamilton County Recorder on 05/23/2000, as BUCKHORN ESTATES (the "Plat"); and
WHEREAS, the current Owner wishes to install a French Drain and fill Swale on the Lot (the "Site
Improvement")-, and
WHEREAS, Owner has Given the City a sketch ("Sketch") depictijIg the ioeation 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 30-foot drainage and utility
casement , identiIied as "30' D.&tJ.E."on Exhibit B (the" Easerncnt"); and
WIIEREAS, 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 Cannel Board of Public Works and Salety 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
WIIEREAS, 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: 6A9F830C-961C-41CA-88AD-8D607A5F8670
NOW. TI IEREFORE, 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 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
00 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 13, 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 Iatsement. 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 lmprovment. the Lot.. or to Owner
S. Owner agrees and acknowledges that the City's consent to encroach upon Um 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 Isom any act of Owner. its employees, contractors
and/or agents in, on, under. across or to the Easement.
7. Miter agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any
damage to the I:asentent 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: 6A9F830C-961C-41CA-88AD-8D607A5F8670
11. The Owner agrees to provide hill disclosure of this Agreement to all persons, entities and others who acquire
by or through Owner any interest in the Lot on and alter the effective date of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the casement 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 loom the Encroachment.
"OWNER"
PROPERTf' 011W R
ooriQ01, R.
print,- +d 1Janic
�Chcu�aw��- s 1o,�er
signature
Date: 0 1'5 1107,2-
STATE OF INDIANA
) SS:
COUNTY OF Mae(!J t✓ )
PROPERTY 01VNF,R
Printed Na e
Signa rrc
Date:
Betare me, a Notary Public in and for said County and State, personally appeared �tn ojarc � , sf-ovGe
by me known, and who acknowledged the execution ofthe foregoing "CONSE'NIT1'O EROACI ' as his or
her voluntary act and (Iced.
Witness my hand and Notarial Seal this day of , 20
My Commission Expires: NOTARY PUBLIC
L ,moo A W /
Printed Name
My County of Residence: AA M I
NOTARY PUBLICS
SEAL
HAMILTON COUNTY, STATE OF INDIANA
ON PMY CCOMMISSION NUMBER 0569b 025
DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670
"CITY"
CITY OF CARMEL. INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
g(�
ocuSigned by:
BY: I7j—
PREM41 fesiding Officer
Date: 8/17/2022
Doeuftwd by: JJ
YYr
qm�-XFi!#1RMw Member
Date: 8/17/2022
DocuSigned by:
I eyt wSM&
~ 4AWF6IP4Member
Date:
8/17/2022
_
Sue Wolfgang, Clerk
Date:
8/17/2022
STATE OF INDIANA µY ��p" HOLLY J. HARMEYER
) o*•••••�a�6 ;'; Notary Public, State of Indiana
)SS: =z:SEAL;"= Hamilton County
COUNTY OF ILAMII TON ) ' * '• * Z Commission Number NP0737982
/��''�ND;,,", MDCommission ecember 15, 28$ 29
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 l� y of August 20 22
My Commission Expires:
12/15/2029
NOTARY PUB
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, unless required by law. Jon Oberlander. Esquire
DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670
Exhibit A
Legal Description
Acreage .47 Section 22, Township 18, Range 3 BUCKHORN ESTATES Lot 2 Irregular Shape
DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670
JANWs BitximAitu, MAYOR
8/9/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (French Drain and Till inside swale) at 13991 Brookstone Dr
Dear Board Members:
Stover, Lary L 11 & Margaret R h&w, owners of the property with the common address 13991 Brookstone Dr, have
requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a French Drain and fill inside
swale 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: 6A9F830C-96IC-41CA-88AD-8D607A5F8670
Legend
B.L. Building Line
0. &, U. E. Drolnoga & UtIllty r(!Zamer.,
R/W Right —of —Way Exhibit B
Note: Snow rover of time of report 1uy hC1,;r
prevented the detection of irnoenvemei-s or
moiters otherwise obsarvob1e;.
CL
14
CL
0)
0 0;
0
C; 0
42'
Concr6te Drives
RetolniAg
7
G,.'R-UU INC.
;'and suivfyors
IL -j/ 2850 E. 96th Street, 11 di an �,polj�, 11 N1, 46240
�0�' PHONE: (3 1?) 846-084.0 / (317) 846-4119
FAX: (3 17) 846-4298 1 (317) 5 8 32 .066.2,
Cr EMAIL orders@hah-a&,)rveviv;q; rom
www.hahLsarveyhig,,,,om
Lo T '2 1
0.4-7 Ac.J:
(per Plot) I
00�ck�o
14 j
W
C>
C\4'
.110 it
Cat( . jNufj%n
CERTMED- 01/08/2018
Chat L. Brown
Rc;gisterd Surveyor,
Indtana 0002
Dzumln Ylv� - "'I.
Job'
- '' A1000
Shea 2 of 2