HomeMy WebLinkAboutConsent to Encroach and Variance; 12442 Heatherstone Place; Kulsrud; CTE and RFVDocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
r B e
J&Mrs BFAiNARD, NIA-VOR
10/25/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (french drain) at 12442 Heatherstone PI
Dear Board Members:
Kulsrud, Zachary William & Andrea Elaine h&w, owner of the property with the common address 12442 Heatherstone PI,
have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a french drain 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,
""�-'7�
Jeremy Kashman, PE
City Engineer
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
JAMF S e7RA1NAR1), MAYOR
10/25/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (french drain) at 12442 Heatherstone PI
Dear Board Members:
A Consent to Encroach document signed by Kulsrud, Zachary William & Andrea Elaine h&w, owners of the property
with the common address 12442 Heatherstone 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 11/02/2022 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: 49EBA41B-B57F-4263-818C-D10E08776279
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Kulsrud, Zachary
William & Andrea Elaine h&w, 12442 Heatherstone Pl, Carmel, Hamilton County, Indiana 46033, (individually and
collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 125 ("Lot") in BAYHILL, section 4, 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 1 SLIDE 415, Instrument Number 9421445 in
the Office of the Hamilton County Recorder on 05/08/1994, as BAYHILL, section 4 (the "Plat"); and
WHEREAS, the current Owner wishes to install a french drain 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 10 foot drainage, utility and
sewer easement, identified as "10' D.U.&S.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 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
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: 49EBA41 B-B57F-4263-818C-D10E08776279
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:
1. 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: 49EBA41B-B57F-4263-818C-D10E08776279
12.
13.
"OWNER"
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.
Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
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.
PROPERTYOWNER
,zfCt1*Ay
Printed Name _
Sig a!Yc
Date:✓ f 6 a2
STATE OF rNDIANA
) SS:
COUNTY OF )
PROPERTY OWNER
AW
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. j�, �A
Witness my hand and Notarial Seal this J� day of , 20
Dc±uf
My Commission Expires:
NOTARY PUBLIC p�
Printed Name
My County of Residence: lamf
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: RDocuSigned by:
I-1
James $i'jihtd 112 �2 g Officer
22
Date: 0
MAY (,
M oe arkie�Jt4ember
Date: 11/2/2022
Vi �aa�Sotn,
16�1%2%2022
Date:
DSigne�d�b�y::
Sue Wolfgang, Clerk
Date: 11/2/2022
HOLLY J. HARMEYER
STATE OF INDIANA ) o P G�;s Notary Public, State of Indiana
-z;SEAL "= Hamilton County
:
$$: + • : * Commission Number NP0737982
COUNTY OF HAMILTON ) ''i �OfANP My Commission Expires
u min a December 15, 2029
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. ��
November 22
Witness my hand and Notarial Seal this e day of , 20_.
My Commission Expires:
12/15/2029
, ply/ .sW.� /1�1
NOTARYll: M '
•
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' pack Social Security Number in this
document, unless required by law. Jon Oberlander, Esquire
DocuSign Envelope ID: 49EBA41 B-B57F-4263-818C-D10E08776279
Exhibit A LAND DESCWTKA
Port of the Northwest Oi orter of Section 33. Township 18 North, Raar+ge 4 East in
Nomilton County. Indiana, being more portie:ulorty desvribed as follows:
Beginning at t"o Northwest corner of the Northwest Ouarteer of said Section 33; thence
"forth 89 degreea 39 r+-*- Jes 53 seconds Ea3t (s tcumed Rwnr;ng) nlon,7 the North line of
sold Northwest Quarter ' ri4tion a distance of 1091.16 feet to the Northwest corner of
8ayhill Section 1. to subo lion in Hamilton County, Indiana. the plot of which is recorded
as Instrument Number 9a _.'.;52 in the Office of t►ae Recorder of Hamilton County, Indiana;
thence) South 00 degrees 00 minutes 00 seconds East along the West line of said Boyi^lill
Section 1 a distance of 428.83 feeet; to eanco Seth 90 degrees 00 minutes 00 seconds
West a d=stone+e of 10000 toot; thence North 81 decrees 53 Minutes 24 seconds West a
distance of 101.01 feet; thence South 66 degrees 1 3$ minutoo 31 seconds Vest o 6stonce
of 62 52 feet; thence South 54 eogrees 23 mirrut,es 01 seconds West as distance of 72 22
feet, thence South 44 degrees 00 minutes, 00 seconds West a distance of 142.80 feet;
thence South 07 degrees 49 minutes 50 seconds West a distance of 49.73 foot; thence
South 28 degrees i90 minutes 00 seconds East o distance of 32.97 feet; thence South 81
degrees 39 minutes 51 seconds West a distance of 94.17 feet; thence South 42 degrees
03 minutes 43 seconds West a distance of 102.26 feet; thence North 60 degrees 00
minutes 00 seconds West a distance of 140.05 feet to a curve having o radius of
1975.00 feet, the radius point of which boors South 60 degrees 113 minutes 12 seconds
East; thence Southwesterly aloe9 sold curve on arc distance of 19.90 feet to a point
which bows North 60 degrees 52 minutes 50 seconds West from so;d radius point; thence
North 50 degrees 52 minutes 50 seconds West a distance of 205.80 feet; thence South
34 degrees 58 minutes 56 seconds West a distance of 107.02 feet; thence South 89
degrees 41 minutes 28 seconds West a distance of 147.01 feet to the West line of said
Northwest Ouartor; thence North 00 degrees 18 minutes 32 seconds Nest along said "Vilest
line a distance of 681.42 rest to the 8iiegi lning Point, containing 14.776 acres. more or
less.
THIS SUBDIVISION CONSISTS OF 25 LOTS, NUMBERED 119 THROUGH 14.3 IOCE 1I41t W141
STREETS AND EASEMENTS AS 'SHOWN HEREON.
THE SIZE. OF LOTS AND WIDTHS CIF S-•41: rS AND E.ASE44ENTS ARE SHOWN IN FIGURE'S
DENOTING FEET AND OECIMAL PARTS TI-411 'EOF.
CROSS-REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER
92- 27760 IN THE OFFICE OF NE RECORDER OF HAMILTON CO(JN I Y, INDIANA.
1, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REC>ISTt RED LAND SURVEYOR, I.ICFNSFD
IN COMPLIANCE WIT)I THE LAWS OF THE STATE OF INDIANA AND THAT TIME WITHIN PLAT
REPRESENTS A SUBDIVISION OF THE LANDS SURVEYED WITHIN THE CROSS REFERENCED
SURVEY PLAT, AND THAT TO THE BEST OF MY KN0WL€OCE AND RELIEF THERE HAS BEEN
NO CHANGE FROM THE 'MATTERS OF SURVEY REVEALED BY TIME CROSS --REFERENCE SURVEY
ON ANY LINES THAT ARE COMMON iANTH THE NEW SUBDIVIS10N. I FURTHER CERTIFY RIAT
TIME SAID 'SUBDIVISION WAS PLATTED UNOER MY DIRECT SUPERVISION AND CONTROL AND IS
TRUE AND CORRECT TO NE BEST OF MY KNOWLEDGE AND IRELIEF:
wt TNt:55 MY SIGNATURE THIS DAY OF _t__ ,
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REGISTERED LAND SURVEYOR
INDIANA - ea .;0 a t a
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4eertrumrnl Biel.---�-"'-"
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DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
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