HomeMy WebLinkAboutConsent to Encroach and Variance; 2647 Highmount Court; Sottong; CTE & RFVDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
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JA.xit:, BRAiNARD, MAYOR
11/18/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (elevated deck and enclosure) at 2647 Highmount Ct
Dear Board Members:
Sottong, Christopher & Susan h&w jt, owner of the property with the common address 2647 11 ighmount Ct, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a elevated deck and enclosure 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: OAC25582-7469-415D-B3EF-F4934DCD53F8
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JA,Ntt:S BRAINARI), MAYOR
11/18/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (elevated deck and enclosure) at 2647 Highmount Ct
Dear Board Members:
A Consent to Encroach document signed by Sottong, Christopher & Susan h&w jt, owners of the property with the
common address 2647 Highmount 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 12/07/2022 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: OAC25582-7469-415D-B3EF-F4934DCD53F8
04 CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Sottong, Christopher & Susan h&w jt,
2647 Highmount 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").
WITNESSE,TH:
WHEREAS, Owner owns in fee simple Lot 21 ("Lot") in YORKTOWN WOODS, 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 4 SLIDE 48, Instrument Number 2006-17282 in the Office of the
Hamilton County Recorder on 03/30/2006, as YORKTOWN WOODS (the "Plat"); and
WHEREAS, the current Owner wishes to install a elevated deck and enclosure 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 and Utility
Easement, identified as "20' D.&U.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
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: OAC25582-7469-415D-B3EF-F4934DCD53F8
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 pennission 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 harniless 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 terns 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 oil which it is last executed by a party hereto.
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
11. 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 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
ht is twh-e(- �;a
Printed Name
Signature
Date: I I i k�o ' 2 .�-
STATE OF INDIANA )
) SS:
COUNTY OF4-00�)
PROPERTY OWNER
J u 5�4 } �
Printed Name
Signature
Date: (te 2 2--
Before me, a Notary Public in and for said County and State, personally appeared (::� hr l e SNAA S0 TWW�
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 16 day of N OR M IX r , 20 oho?.
My Commission Expires: NOTARY PUBLIC
oI- a6- ao30
Printed Name
My County of Residence:
p& �n" DAKOTA MORRIS
4•••••.0 % Notary Public, State of Indiana
-aIrSEAL'•L"° Marlon County
*z Commission Number NP0736789
4,°, ;nN'�� MYJanuary26, 2030raa
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGII ITS BOARD OF
PUBLIC WORKS AND SAFETY
DocuSign:
BY:
Jan . 24$siding Officer
Date: 12/8/2022
ocu ign y: JJ
Ylet.
M sir whaf-Mcmbcr
Date: 12/8/2022
��DoocuSiign�edd by:
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Date: 12/8/2022
-DocuSigned by:
Su t k
�'It�3R��l�rk
Date: 12/8/2022
STATE OF INDIANA ) ,0 1` y+P''%, HOLLYRappeared
MEYER
SS: a�P,...'Ls, :Notary Puof Indiana
SEAL; Hamnty
COUNTY OF HAMILTON ) *'., +� CommissioP0737982
''�,'i'oiANP. My ComExpires
'"+++ " Dece2029
Before me, a Notary Public in and for said County and State, personalld JAA41:S BRAINARD,
MARY ANN BURKE and LORI WATSON, by meknown, 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 Cannel,
Indiana.
Witness my hand and Notarial Seal this December day of , 2022
My Commission Expires:
12/15/2029
Ili0 0 Me 24
Holly 7 Harmeyer
Printed Namc
My County of Residence:
Hamilton
This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel,
Indiana 46032.
I affirin, 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
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