HomeMy WebLinkAboutConsent to Encroach and Variance; 13120 Broad Street; Anderson; CTEDocuSign Entlelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E
EL
JANIFS I3HAiNAxt). MAYOR
9/19/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (mulch beds and arborvitae) at 13120 Broad St
Dear Board Members:
A Consent to Encroach document signed by Anderson, Pedro M & Jamie L h&w, owners of the property with the
common address 13120 Broad St , 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 10/05/2022 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,
Jere /yyKashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: 4DC61 F31 -AD50-4593-9425-58BCB612064E
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Anderson, Pedro M
& Jamie L h&w, 13120 Broad St, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of
Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City").
W11'NESSETH:
WHEREAS, Owner owns in fee simple Lot 144 ("Lot") in VILLAGE OF WESTCLAY, section 10012, 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 752, Instrument Number 2005-70088 in the Office of
the Hamilton County Recorder on 10/24/2005, as VILLAGE OF WESTCLAY, section 10012 (the "Plat"); and
WHEREAS, the current Owner wishes to install mulch beds and arborvitae 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 20 foot drainage, utility and
sewer easement, identified as "20' DU&SE" 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: 4DC61F31-AD50-4593-9425-58BCB612064E
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:
I. 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: 4DC61F31-AD50-4593-9425-58BCB612064E
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
ft-02o AwMQ91)
Printed Nam
Si nature
Date: R I /�, h,
PROPERTY O11`NER
Print Name
L,�
Signature /,
Date: gllb�2�
STATE OF 1NDIANA )
SS:
COUNTY OF Y17 i % r7 )
1.✓
Before me, a Notary Public in and for said County and State, personally appeared
fz dr,0
�.►� r� �
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. Q�
Witness my hand and Notarial Seal this -� day of J
/11-t -9
2�
My Commission Expires: OT BLIC
&Y?
Printed Name
Rop
My County of Residence: n��
NOTAitY PUBLIC
STATE Of INDIANA
SEAL
COMMISSION NUMBER NP0733108
MY COMMISSION EXPIRES APRIL 18, —
DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E
"CITY"
CITY OF CARMEL, INDIANA,
BYAND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Not Present
BY:
James Brainard, Presiding Officer
Date:
Docuaigned by:
•��r
Date:
Doc y:
DocuSigned by:
/I11=gn
Ihl(i Wd-S&,
S� Wo w�
4V M2,MLkmber
Sue "9AV,8tF&k
Date: 10/5/2022
Date: 10/5/2022
HOLLY J. HARMEYER
STATE OF INDIANA )
s.' Notary Public, State of Indiana
c = r I A I : ^ = Hamilton County
SS:
' ' * Commission Number NP0737982
My Commission Expires
COUNTY OF HAMILTON )
" "" December 15, 2029
Before me, a Notary Public in and for said County and State, personally appeared JAM t3it7�INARp/
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 ..0 day of OCtObe r 20 22
My Commission Expires:
12/15/2029
rIZ/O
yl
••
Holly J Harmeyer
Printed Name
My County of Residence: Hami 1 ton
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: 4DC61F31-AD50-4593-9425-58BCB612064E
Exhibit A
Land Description
Acreage .51 Section 28, Township 18, Range 3 VILLAGE OF WESTCLAY Section 10012 Lot 144 Irregular Shape
DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E
JANW-s Biux[NARD, MAYOR
9/19/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (mulch beds and arborvitae) at 13120 Broad St
Dear Board Members:
Anderson, Pedro M & Jamie L h&w, owner of the property with the common address 13120 Broad St, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a mulch beds and arborvitae 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: 4DC61 F31 -AD50-4593-9425-58BCB612064E
PROPOSED DEVELOPMENT PLAN
VILLAGE OF NEST FLAY - LOT 144
PART OF SECTION 28-Tl81N-R3E,
CLAD TOWNSHIP, MADISON COUNTY, INDIANA
r- —
Exhibit B
3
12 ALLESMr �—,, s�G • ..t
CONCRETE i�fi'�
P s't�yy
s �
rLnJr,
$t OA GE n +•w.(
21V-
2 STORY WOOD FRAMF
LOT 144 4F ft, =egg , I
r "2M 5 3 3
J
WND
JJ'•9 �3
+
L4 �, r
�r
f
2Q' s!.
i
M.
_ -- — —-�
114 09'
Mulch Bed/Arborvitae
Locations
WALL': t -40'
R!"Ragaiw
"Ra
13 1 st STREET {' =" 46