HomeMy WebLinkAboutRFV & CTE - 15 W Executive Dr-Carmel DevelopmentDocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
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10/12/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Balconies) at 15 W Executive Dr
Dear Board Members:
Carmel Development III LLC, owner of the property with the common address 15 W Executive Dr, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Balconies within a portion of the lot which
will encroach into those segments of West Executive Drive which are contiguous to the Real Estate. 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: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
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CI -I "� AMEL
JAMEN I3iR:Y1\A1tD, )IIAYOx
10/12/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Balconies) at 15 W Executive Dr
Dear Board Members:
A Consent to Encroach document signed by Carmel Development III LLC, owners of the property with the common
address 15 W Executive 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 10/19/2022 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
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Carmel Development ill LLC, 15 W
Executive Dr, 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").
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate limits of the City of Carmel, Indiana
and is more particularly described in Exhibit A (the "Real Estate"), attached hereto and incorporated herein by this reference; and
WHEREAS, the current Owner wishes to install Balconies on the Real Estate (the "Encroachment)" which will
encroach into those segments of West Executive Drive (the "Right of Way") which are contiguous to the Real Estate and
which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing"), in
the manner and locations shown on the Drawing; and
WHEREAS, City of Carmel Board of Public Works and Safety 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
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 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.
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
4. Owner agrees that City shall have the right to remove any portion of the Encroachment as City deems
necessary, in City's sole discretion 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
Encroachment, the Real Estate, or to Owner
5. Owner agrees and acknowledges that the City's consent to encroach within the Right of Way, as provided
in this instrument, regards the City's Right of Way 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 Right of
6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any
covenants and restrictions applicable to the Encroachment
7. Owner agrees that the Encroachment will not create standing water and/or other drainage problems that
affect the City or adjacent property owners and that, if such problems arise, the City, in its sole discretion,
may itself remove or may notify Owner who shall then immediately remove, all or any portion of the
Encroachment as is necessary to correct such problems, at Owner's sole cost and expense.
8. Owner agrees that the water flow from the Encroachment shall be directed away from all street travel lanes
and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into
contact with any travel lanes or paved areas of any street or street intersection.
9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction,
any utilities or improvements (whether located above, below or on the surface of the Right -of -Way) damaged
as a result of the installation, construction, maintenance or operation of the Encroachment.
10. Owner agrees to install identification tape or identification wire on the Encroachment that will allow the City to
readily determine the underground location of any Encroachment.
11. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time.
12. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any
damage to the Right of Way and any improvements located therein caused by the installation, construction,
maintenance and/or operation of the Encroachment.
13. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees,
licensees and agents, (i) from and against any and all losses, liabilities, damages, claims, judgments, attorney
fees and costs arising from any bodily injury, death or property damage occurring during the initial installation
and during any subsequent use, maintenance or repair of the Encroachment and (ii) for any failure of proper
disclosure pursuant to Paragraph 18 hereof.
14. 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.
15. 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.
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
16. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
17. 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 Real Estate on and after the effective date of this Agreement
"OWNER"
PROPERTY OWNER: Carmel Development III, LLC
AnthonyW. Birkla
Printed Name
gnature
Date:
10/10/2022
STATE OF INDIANA )
SS:
COUNTY OF Hamilton )
PROPERTY OWNER
Printed Name
Signature
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 ENCROACH' as his or
her voluntary act and deed.
Witness my hand and Notarial Seal this 10 day of October 20 22 ,
My Commission Expires:
9/28/2024
TRACY L. VAN OSDOL
Notary Public
SEAL
State of Indiana
My Commission Expires September 28, 2024
kVt-1-0r->r
NOTARY � LIC
Tracy L. Van Osdol
Printed Name
My County of Residence: Marion
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date:
Doe y:
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Date:
D*cdSVMRM3r.—
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Date: 10/19/2022
Docuaigned by:
sue. wg�
Sue o gang, . e'rk
Date: 10/19/2022
lames Brainard
STATE OF INDIANA ) c o PPY' P�e� Notary Public, s a e ofE d a'a
)SS' =':SEAL"= Hamilton County Not Present
+ +; Commission Number NP0737982
COUNTY OF HAMILTON My Commission Expires
December 15, 2029 hj h
Before me, a Notary Public in and for said County and State, personally appeared J-A+AES BRAINARi} — — — — —
MARYANN 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 19thday of October 20 z2
My Commission Expires: NOTA Y PUBLI
12/15/2029 Holly 7 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
Exhibit A
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