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HomeMy WebLinkAboutConsent to Encroach and Variance; 13970 Sand Cherry Court; Shannon Harlan; CTE RFVDocuSign Envelope ID: 441DFD7D-9EC8-4F06-AEB2-941F1939EBAE i I i CCMEL .)A\Ii:s BRAINARD, ivINYOR 11/9/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (inground pool, hardscape and landscaping) at 13970 Sand Cherry Ct Dear Board Members: Harlan, Shannon M, owner of the property with the common address 13970 Sand Cherry Ct, has requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a inground pool, hardscape and landscaping 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: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE 11 /9/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (inground pool, hardscape and landscaping) at 13970 Sand Cherry Ct Dear Board Members: A Consent to Encroach document signed by Harlan, Shannon M, owner of the property with the common address 13970 Sand Cherry Ct , 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 11/16/2022 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, , ;4 �Z� Jeremy Kashman, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the ".Agreement") is entered into by and between Harlan, Shannon M, 13970 Sand Cherry Ct, 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 Safety ("City"). W ITNESSETH: WHEREAS, Owner owns in fee simple Lot 35 ("Lot") in SETTLERS RIDGE AT HAVERSTICK, section 2A, 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 632, Instrument Number 2001-45181 in the Office of the Hamilton County Recorder on 07/22/2001, as SETTLERS RIDGE AT HAVERSTICK, section 2A (the "Plat"); and WHEREAS, the current Owner wishes to install an inground pool, hardscape and landscaping 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 easement , identified as "10' DE" 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 DocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE 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: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Docuftned by: BY: Jam . 1ffff 'Presiding Officer Date: 11/16/2022 �DOn iM atVtJ ataln, EIeAf- MaryrniEffu'r e'Member Date: 11/16/2022 Dmuftned by: 1 nyi lUaiy,U. L �11/16/2022 Date: —DocuSigmd by: S,.c Wolff. Sue-Mi�a'11,derk2022 Date: STAFEOF INDIANA ) FEA OLLY J. HARMEYER tary Public, State of IndianSS:Hamilton County COUNTY OF HAMILTON ) mmission Number NP0737982 My Commission Expires 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. Witness my hand and Notarial Seal this day of November 20 22 My Commission Expires: 12/15/2029 NOTARY PUBgV Holly J Harmeyer Printed Name My County of Residence: Hamilton This instrument «'as 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: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE l l The Owner agrees to provide frill 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 efficctive 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" PROPERTYOIYNER Pri Name Signature Dater STATE OF INDIANA ) SS. COUNTY OF Ma��., ) PROPERTY OWNER ' ed 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. I Witness my hand and Notarial Seal this b day of -__ (t cr 20Z Z My Commission Expires: `�. STAMhf,F >a . �l o CARY '�'. SEAL Sirs NOTARY PUBLIC Printed Name My County of Residence: DocuSign Envelope ID: 441 DFD7D-9EC8-4F0B-AEl32-941 F1 939EBAE EXIBIT A THIS INSTRUMENT PREPARED BY DENNIS 0. OLMSTEAD STOEPPELWERTM h ASSOCIATES. INC. 9940 AWSONVILLE ROAD n$KEP14OHER (317) 849 935 OELQOPEO BY; CENIEX HOMES 6602 EAST 75th STREET. SUITE 100 NDI NAPOLIS. N 46250 (317) 915-2200 SUBIASSION OATE: 02/02/01 SOURCE OF TITLE: WARRANTY OEM INST. 94-46246 CARMEL/CLAY PLAN COMMN59osi OOCI(ET 111-94-PP : 59-00 PP AMEND; IS-01 SP MAYERS= 15 PLATTED AS A CLUSTER SUBDIVISION f001000451R1 l:ard Filed for ttHDIT9111 HMILLTON COLWY, PLNARY L 0010114P3 ou A`3-cool SETTLER'S RIDGE AT HAVERSMCIt SECTION 2A n, the undersigned Registered Lend Surveyor hereby cerfi that the InCNded plot correctly represents d sutulms(on of port of the Southeast ouarter of Section YL To Wjp 16 Nertli. Range f East In Cloy Toenshlp. Homllon County. Indiana. more portlMorfy described m falbws: ComMenekg at the Northeast Comer of soio Ouarter Section: thence South 88 degrees 53 mi—Uts 27 seconds West. (Assumed Storing) along the North we of said Ouorter Section. 1,319.77 feet; thena South 00 degrees 24 minutes 51 seconds East 653.62 test to the POINT Of BEGINNING of this description: throw North 89 degrees 37 mkwles 10 seconds East 144.60 feet; thence South 00 degrees 22 mknutet 50 seeends East 5.00 feet: thence North 89 degrees 37 mirutet 10 seeends East IMOO fett; thrice South 53 degrees 56 minutes 09 wands East 11116 feet; thence South 60 degrees 28 minutes 26 seconds Cost 135.88 feet; thence North 36 degrees 51 minutes 53 maws East X92 Feet: thence South 53 depress GB mhwtes 07 seconds East 50.00 feet; thence South 69 degen 09 mhwtes 22 monds East 202.82 (e:tt thence South 39 degrees 37 mnuta 26 seconds West 6.92 feet, thence South 20 degrees SO minute 38 seeonds West 133.39 feet thence North 69 degees 09 minutes 22 moods West 36.65 (set: thence South 20 0eeggaats SD m'rwtes Sit atcmds West 203.2I lest thence Nath 74 daagpran 27 mNuta 58 seconds Wiest 21182 fast thence South 29 0tytes 31 minutes 30 seconds West 185.36 feet, thence South 87 dsgress 11 mnutn 42 seconds West 71d.35 feet: thence North 00 dpree■ 24 mnutes 51 seconds West 610.81 feel to the prate of begilnny Conlohinq 7.953 one& more or Nest. subject to of 1e9a highways, rights -of -ways, tostments, and restrictions of record. This subavftion CWSTIAs of 19 tots numbered 28-40 54-59 (a% k dushve) and 1 Common Aram te".d C.A. J 2-4 (both ncus,ve). The site of sets and width of streets we shohm In feet and dec:noi ports thereof. Cross -Reference is hereby made to a surrey plot prtpored by StoeppOwwth t Associate; Inc. in aeeerdonet with Title 855. ArUce 1. Chapter 12 of the Yndtono Admnislrolhr Code recorded as, Instrument Number 94-46246 1. the Office of the Recorder of ,tampon County. took". L the undenigntd, heresy certHy ,het 1 am o Rsq:sterW Land Surveyor, fktfwO in compliance with the kws of the Stale of Indiana and thot the witnn plot represents a ehbdidsien of the lords surveyed +,thin the cross fefgeneed swvsy plot and that to the best of my kncstedge and balbeen itf Uwe has teme change from the Mellen of the aunty revealed by the cross-reference survey on any Ihce that we commas with the nor s•bdmslon. Wstne» my signatu•e We 3+w day of 2001. t• berms 0. Obneteod R"Istered Land Surveyor No. 900012 hhon"" n,4•d 900= t' _ STATE OP 's�;O.?yOMtd��er' '••u»n.nau DocuSign Envelope ID:441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE EXIBIT B This subdivision Shoff be known and designated as SETTLERS RIDGE AT HAVERSTICK, Section TWO A a subdivision in Carmel. Indiano located in Hamilton County. All streets shown and not heretofore dedicated, are hereby dedicated to the public. In M=ony whereof, witness the signature of Owner and Declarant this ►i'h+ day of 2001. This plot is subject to Covenants, Conditions and Restrictions for Hovers ' k as Recorded in Inst. #9540437 in the Office of the Recorder. Hamilton County, Indiana. Owner/Developer:lCENTEX HOMES B Timothy K. McMohon, Division President Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Timothy K. McMahon, Division President, Centex Homes, and acknowledged the execution of this instrument as his voluntary act and deed and affixed his signature thereto. Witness my signature and seal this Lvrfo� day19�� Notary Public iGirnS Print Nome County of Residence n 1[1.YT�M � � My commission expires: ?y1 r,�'( SEAL • e Under authority provided by Indiana Code 36-7-4-710, and ordinonces adopted by the Common Council of the City of Carmel. Indiana, this plot was given approval by the City of Carmel as follows: Granted Administrative appr 1 by the Deportment of Community Services Dyryuant kA,t',cle XI of t e C met y Plan Commission's Rules of Procedure on JIAGte �rtme of ommunit ervices �T Carmel, I diano 9.2 Registered Land Surveyor's Certificate: I, Dennis 0. Olmstead, hereby certify that I am a Registered Land Surveyor, licensed In compliance with the lows of the State of Indiana. That all the monuments shown thereon actually exist and that the location, size. type end material ore accurately shown: And that all requirements specified in the subdivision ordinance of the City of Carmel have been met. ,,m• ,.w., H,,,, T'r/1 s O.O( �v Dennis D. Olmstead � r� :TRFj F Registered Land Surveyor = s No. 900012 t3i0012 �g x {\ STATE OF Q r€ 4s1 y0- This Plat was approved by the Board o ublic Works and ety of the City of Carmel, Indiana, of a meeting held one day of2001. n Mary Ann Blirki. Member Billy Diono L Cordroy, Clerk SKM 2 o'