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Home My WebLink AboutConsent to Encroach and Variance; 2665 Rix Court; Cindy Grove & Julie Wilson; CTE RFVDocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE CITE'" O ' °CAIMEL JAXWS BitmNAHD, IMAYOR 11 /912022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (paver patio, cedar screen, raised garden and associated landscaping) at 2665 Rix Ct Grove, Cindy & Julie Wilson jtrs, owner of the property with the common address 2665 Rix Ct, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a paver patio, cedar screen, raised garden and associated 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 IIOA 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 CIT'Y'�1'10F ''C AORMEL .JAMES BRAINARD, iYI:U'UR 11 /9/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (paver patio, cedar screen, raised garden and associated landscaping) at 2665 Rix Ct Dear Board Members: A Consent to Encroach document signed by Grove, Cindy & Julie Wilson jtrs, owners of the property with the common address 2665 Rix 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, Jeremy Kashman, PE City Engineer DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE CONSENT TO ENCROACH THIS CONSENT TO ENCROACI (hereinafter the "Agreement") is entered into by and between Grove, Cindy & Julie Wilson jtrs, 2665 Rix 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"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 20 ("Lot") in LAURA VISTA, 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 360. Instrument Number 2004-14732 in the Office of the Hamilton County Recorder on 0310412004, as LAURA VISTA (the "Plat"}; and WHEREAS, the current Owner wishes to install a paver patio, cedar screen. raised garden and associated 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 40-foot drainage, utility and sewer easement. identified as "40' 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 Encroaclument is crosshatched on Exhibit B. and WIIF.RF.AS. City of Cannel 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 Ovyner on Exhibit B; and WIIERF.AS, 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: 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: 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 (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 (lie 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 lawfitl 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 Iniprovmen4 the Lot, or to Owner 5. Owner agrees and acknowledges that the City's consent to encroach upon the hasemcnt, 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 oil, iu, 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 andror operation of the Site Improvement. R. 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 Nvarram 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 ctfective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE 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 frorn the Encroachment. "OWNER" PROPERTY OWNER Printed Name r Signature g Date: STATE OF INDIANA ) SS COUNTY OF ) PROPERTY OWNER Printed Name S' �r ture -7 Date: in r , T , OZ� 0�v Pvj Nlkkole L McMaln, Notary Public x° Commission Number: NP0732965 RKAL * My Commission Expires:4/11/2029 "�If o��vc`�� Residing in Howard County, IN Before ntc, a Notary Public in and for said County and State, personally appeared by me knnccn. and who acknowledged the execution of the foregoing "CONSENT TO ENC OAC'H' as his or her voluntary act and deed. j� Witness my hand and Notarial Seal this a day of � ) j! 6.L.�, -1 .20AA. My Commission Expires: NOTARY PUBLIC 01 vl-j,lo le. L Printed Name My County of Residence: 1C ry-\-O-Ll� DocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE "CITY" CITY OF CARMFL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY DocuSigned by: BY: r-04',l 'i wOWWOOPAtsiding Officer Date: 11/16/2022 Do -Signed by: t. M ` 9i 'tf{>f9Fb; Member Date: 11/16/2022 Doe Signed by: fen Luahet' Lot e4E t919;*W►nbcr Date: 11/16/2022 STATE OF INDIANA ) )SS COUNTY OF HAMILTON ) FZ-uSigned by: WoV�n Suc o gall cr ... Date: 11�, 16/2022 HOLLY J. HARMEYER Y �?�•• PGo;%Notary Public, State of Indiana Z'SEAL*"= Hamilton County f r ; Commission Number NP0737982 P My Commission Expires N \\ December 15, 2029 �nnna" Before me, a Notary Public in and for said County and State, personally appeared JAMES DR 11NARD. 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 Safely, and Site Wolfgang, Clerk ofTHE CITY OF CARMLL. who acknowledged the execution of the tin'cgoing "CONSENT TO ENCROACI I" on behalf of the City of Cannel, Indiana. / Lam► Witness my hand and Notarial Seal this / day of November 20 22 My Commission Expires: 12/15/2029 (4 & NOTARY PUBLI Holly 7 Harmeyer Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Oherlander. Esquire, Assistant Corporation Counsel, One Civic Square, Cannel, Indiana 46032. I aftinn, under the penalties for peijury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. .Ion Oberlander, lisquire W i 4 C� C L: o oo C.)CC =3 0 �' cis w •� U.J UJ . Z cn Z p a Om 0 00 CL N N • F""` .X.:: V) V) � .dam IS C-4 toCC F5 v as C, ev v cam ' w co cx+ a ® a O EO o gj p = Qeri v mow) 0� CN �. 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SPFICE PJ t A __ _ .J ELM SE I -APXZ% MARE 13LOODGOQD — 5 DAYLI.Y HAPPY RETURNS - VIUEES — 1 NYDRAEI' EA BOW IAWI i i DRANACE SEY1E 1' PORTABLE ERE PR BY NOrEOFI.ER i PAVER PATO 7 X ii W f Jl-� /( ® !3+ / { I 3 ARBORMAE 1ETD WRERGREW /Lwt Q RAGED GARDEN- C TAIL CEDAR SCREE� ' � � DECORAWF COFCPETF &.(XK — - - 2 W9EYLO0.6T STREET TREES 20LV--WILSON RESIDENCE 2665 RIX COURT CARMEL, IN 46033 ru4m am MCA EED - GBfRATOR PAD 3X5 — YEN W K'9 — 2 BOKrtW CAW HOLMAN — I DOQ-0VD KOMA — 5 ALW'i rLENL41 250 as)- DJL4 : LL_ 2 LLAC r256 "l [jam uRJrES